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January 2012
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Answer
(a)
Section 334 in the MSA deals with unseaworthy ship and states that an unseaworthy ship
shall not be sent to sea and gives details as follows:
Firstly, a ship is considered to be unseaworthy within the meaning of this Act when the
materials of which she is made, her construction, qualifications of the master, the number,
description and qualifications of the crew including officers, the weight, description and
stowage of the cargo and ballast, the condition of her hull and equipment, boilers and
machinery are not such as to render her in every respect fit for the proposed voyage or
service.
Secondly, every owner or Master who sends or attempts to send an Indian ship to sea from
any port in India in such an unseaworthy state that the life of any person is likely to be
thereby endangered shall, be guilty of an offence under this sub-section.
(b)
The obligation of owner to crew with respect to seaworthiness
In every contract of service between the owner of an Indian ship and the master or any
seaman thereof, and in every contract of apprenticeship whereby any person is bound to serve
as an apprentice on board any such ship, there shall be implied an obligation on the owner
that such owner and the master charged with the loading of such ship and preparing her for
sea shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at
the time when such voyage commences, and to keep her in a seaworthy state during the
voyage. In order to ensure that the requirement of seaworthiness is complied with, the Central
Government may, either at the request of the owner or otherwise, arrange for a survey of the
hull, equipment or machinery of any seagoing ship by a surveyor.
(c)
Contents of certificate of seaworthiness - The certificate states that the ship is seaworthy and
properly equipped, fitted and ventilated; in the case of an un-berthed passenger ship, the
number of passengers which she is capable of carrying; and in the case of a pilgrim ship, the
number of pilgrims of each class which she is capable of carrying. The Certificate of
Seaworthiness shall be in force for a period of one year from the date of issue or for such
shorter period as may be specified therein and it shall be issued in duplicate.
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Answer
(a)
The London Dumping Convention (now known as London Convention) was adopted on 29
December 1972 in London and entered into force on 30 August 1975. The Convention
established to control pollution of the sea by dumping of wastes which could create hazards
to human health or to harm living resources and marine life, to damage amenities, and to
interfere with other legitimate uses of the sea. It also encourages regional agreements
supplementary to the Convention. It contains three Annexes: dumping of matter listed in
Annex I is prohibited; dumping of matter listed in Annex II is allowable only by special
permit; dumping of matter listed in annex III is allowable only by general permit.
It calls on Parties "to promote measures to prevent pollution by hydrocarbons, other matter
transported other than for dumping, wastes generated during operation of ships etc.,
radioactive pollutants and matter originating from exploration of the sea bed."
(b)
The Torrey Canyon disaster of 1967 revealed certain doubts with regard to the powers of
States, under public international law, in respect of incidents on the high seas. In particular,
questions were raised as to the extent to which a coastal State could take measures to protect
its territory from pollution where a casualty threatened that State with oil pollution, especially
if the measures necessary were likely to affect the interests of foreign ship-owners, cargo
owners and even flag States.
The Convention which resulted affirms the right of a coastal State to take such measures
on the high seas as may be necessary to prevent, mitigate or eliminate danger to its
coastline or related interests from pollution by oil or the threat thereof, following upon a
maritime casualty.
The coastal State is, however, empowered to take only such action as is necessary, and after
due consultations with appropriate interests including, in particular, the flag State or States of
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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Answer
(a)
IMO has developed Standardized Forms for seven of these documents, which are:
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As in any recovery action it is the party with the best evidence that tends to succeed and if the
evidence is not timely gathered it is often lost which creates a problem for both claimant and
owner.
Q.7 (a) Explain the reasons for a ship to be classed with a classification society.
(b) Describe the role of Recognised Organization in survey and certification of
ships under the authority of Flag state.
Answer
(a)
In the second half of the 18th century, London merchants, ship-owners, and captains often
gathered at Edward Lloyds coffee house to gossip and make deals including sharing the risks
and rewards of individual voyages. This became known as underwriting after the practice of
signing one's name to the bottom of a document pledging to make good a portion of the
losses if the ship didnt make it in return for a portion of the profits. It did not take long to
realize that the underwriters needed a way of assessing the quality of the ships that they were
being asked to insure. This attempted to classify the condition of the ships hull and
equipment. At that time, an attempt was made to classify the condition of each ship on an
annual basis. The condition of the hull was classified A, E, I, O or U, according to the state of
its construction and its adjudged continuing soundness (or lack thereof). Equipment was G,
M, or B: simply, good, middling or bad. In time, G, M and B were replaced by 1, 2 and 3,
which is the origin of the well-known expression 'A1', meaning 'first or highest class'. The
purpose of this system was not to assess safety, fitness for purpose or seaworthiness of the
ship. It was to evaluate risk.
In order to be registered, an ocean-going ship must be certified to be of a particular type and
size and be maintained to certain minimum standards. While most states (national
governments) do not insist that ships be "classed," without a "class" category there would be
considerable difficulties in operating a ship, as "class" is a requirement of insurance
companies and shippers using the vessel.
(b)
Recognised Organizations
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.
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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May 2012
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(b)
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:
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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:
Act of God.
Act of war or sabotage.
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)
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Articles.
Regulations.
Code A (Mandatory).
Code B (non-mandatory it acts as a guideline to follow the mandatory Code A).
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 must 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.
Also, every seafarer has the right to complain to Flag State or PSC, but first has the
obligation to follow the Complaints Procedure of the Company, which will be part of the
Labour Manual onboard.
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Stipulate any three of the provisions under Merchant Shipping Act, 1958 with
respect to the following:
(a) Form and contents of agreement under Section 101.
(b) Engagement between seamen and masters of ship other than Indian ship
section 114.
(c) Master to take charge of effects of deceased seamen Section 152.
(d) Entries which are required to be made in official log books Sec 214.
Answer
(a)
Form and contents of the agreement
An agreement with the crew shall be in the prescribed form, and shall be dated at the time of
the first signature thereof, and shall be signed by the owner or agent and the master] before
any seaman signs the same. The agreement with the crew shall contain as terms thereof the
following particulars, namely:
the name of the ship or ships on board which the seaman undertakes to serve;
either the nature and, as far as practicable, the duration of the intended voyage or
engagement or the maximum period of the voyage or engagement, and the places or
parts of the world, if any, to which the voyage or engagement is not to extend;
the number and description of the crew of different categories in each department;
the time at which each seaman is to be on board or to begin work;
the capacity in which each seaman is to serve;
the amount of wages which each seaman is to receive;
a scale of the provisions which are to be furnished to each seaman, such scale being
not less than the scale fixed by the Central Government and published in the Official
Gazette;
a scale of warm clothing and a scale of additional provisions to be issued to each
seaman during periods of employment in specified cold regions;
any regulations as to conduct on board and as to fines or other lawful punishments for
misconduct, which have been sanctioned by the Central Government as regulations
proper to be adopted, and which the parties agree to adopt;
payment of compensation for personal injury or death caused by accident arising out
of and in the course of employment;
where it is agreed that the services of any seaman shall end at any port not in India, a
stipulation to provide him either fit employment on board some other ship bound to
the port at which he was shipped or to such other port in India as may be agreed upon,
or a passage to some port in India free of charge or on such other terms as may be
agreed upon;
stipulations relating to such other matters as may be prescribed.
(b)
When the master of a ship other than an Indian ship engages a seaman at any port in
India to proceed to any port outside India, he shall enter into an agreement with such
seaman, and the agreement shall be made before a shipping master in the manner
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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name, type and IMO number of ship; call sign; flag State of ship; voyage
number; particulars regarding registry; particulars regarding tonnage; name of
master; name and contact details of ship's agent; brief description of the cargo;
number of crew; number of passengers; brief particulars of voyage; date and
time of arrival, or date of departure; port of arrival or departure; estimated
draught on arrival and departure; position of the ship in the port; the ship's
requirements in terms of waste and residue reception facilities; last port of
call/next port of call.
Arrival, stay and departure of the cargo
Standard
The Cargo Declaration shall be the basic document on arrival and departure providing data
required by public authorities relating to the cargo. However, particulars of any dangerous
cargo may also be required to be furnished separately.
Recommended Practice
In the Cargo Declaration, public authorities should not require more than the following data:
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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(a)
(b)
Answer
(a) and (b)
FOR THE PURPOSE OF EXPLANATION ON OWN WORDS, THE PARTS HAVE
BEEN ANSWERED TOGETHER. ON UNDERSTANDING THE WHOLE CONCEPT,
YOULL BE ABLE TO FORMULATE THE ANSWER FOR THIS QUESTION
SEPARATELY AS REQUIRED.
The law of salvage is a concept in maritime law which states that a person who recovers
another person's ship or cargo after peril or loss at sea is entitled to a reward in proportion
with the value of the property so saved. The concept has its origins in maritime history, with
the basis that a person would be putting himself and his own vessel at risk to recover another
and thus should be appropriately rewarded. A related consideration was widespread piracy; a
vessel in peril could very well be left for pirates if the owner did not generously reward a
potential and an honest salver.
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Answer
(a) (Firstly, the question is wrong it is not Clause but Doctrine of Proximate
Cause!)
Marine Insurance is a very important aspect of international trade, it is the practice that safeguards the apportionment of marine transportation risk between the parties engaged in an
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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Causation is a very important part in marine insurance law. The general principle is that the
insurer will only be liable for any loss, which is proximately caused by a peril insured
against. Therefore, the Doctrine of Proximate Cause may not be a principle of marine
insurance but it is definitely elevated to a condition which must be fulfilled before the
underwriter becomes liable to pay a claim. A claim becomes payable only if the insured risk
was a direct or dominant or effective cause of the loss of the subject-matter. The cause
need not be the nearest cause in time. If the damage or loss is not proximately caused by a
peril insured against, i.e., if the cause of the loss or damage is remote from the actual risk
or peril insured against, the claim against the insurer will fail. The section states:
...the insurer is liable for any loss proximately caused by peril insured against, but he is not
liable for any loss which is not proximately caused by a peril insured against. This means
that the insurer is liable to a claimant if the claimant can prove that the loss was directly
caused by some event or situation that was insured against. It is up to the insurer, when a
claim is made, to show that the actual or direct cause of the loss was an event or circumstance
against the happening of which the assured (ship owner) was not protected by insurance.
(b)
Floating Policy
This policy describes the general terms and leaves the amount of each shipment and other
particulars to be declared later on. The declaration is made in order of dispatch of shipment.
The policy is taken for a round large sum which is specified at each declaration and is
attached to each shipment. With each declaration the amount will be reduced till it is
exhausted when the insured sum is said to be 'closed' and the policy is 'fully declared' or, 'run
off. An example of Floating Policy is 'Open Cover'. It is an agreement between the assured
and the insurer by which the assured on his part agrees to declare, and the insurer on his part
agrees to accept all the shipments falling within the scope of the 'open cover' which is merely
an original ship'. All such agreed declarations between the assured and the insurer are written
on the back of the policy. A Floating Policy is suitable for a cargo-owner who makes regular
shipments of cargoes. All his shipments are automatically covered as soon as the declarations
are made. The floating policies are mostly used in the age of huge and regular trade volumes.
(c)
Notice of Abandonment
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July 2012
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a)
b)
c)
Explain the scope and objectives of United Convention on Law of the Seas
(UNCLOS) 1982 to which, India is State Party.
List down the rights of coastal state in territorial waters and Exclusive
Economic Zone (EEZ).
Enumerate the provisions of UNCLOS, 1982 relating to exclusive
jurisdiction of the flag state under Article 94 at High Seas.
Answer
(a)
The law of the sea developed from the struggle between coastal states, who sought to expand
their control over marine areas adjacent to their coastlines. By the end of the 18th century, it
was understood that states had sovereignty over their territorial sea. The maximum breadth of
the territorial sea was generally considered to be three miles - the distance that a shore-based
cannon could reach and that a coastal state could therefore control.
The Third United Nations Conference on the Law of the Sea (UNCLOS III) the present
one, addressed the issues bought up at the previous conferences. A major feature of the
convention included the definition of maritime zones- the territorial sea, the contiguous zone,
the exclusive economic zone, the continental shelf, the high sea, the international sea-bed
area and archipelagic waters. The convention also made provision for the passage of ships,
protection of the marine environment, freedom of scientific research, and exploitation of
resources.
(b)
PLEASE REFER TO PREVIOUS ANSWER Q. 1 of January 2012.
(c)
Duties of the flag State
1. Every State shall effectively exercise its jurisdiction and control in administrative,
technical and social matters over ships flying its flag.
2. In particular every State shall:
(a) maintain a register of ships containing the names and particulars of ships flying its
flag, except those which are excluded from generally accepted international regulations
on account of their small size; and
(b) assume jurisdiction under its internal law over each ship flying its flag and its
master, officers and crew in respect of administrative, technical and social matters
concerning the ship.
3. Every State shall take such measures for ships flying its flag as are necessary to ensure
safety at sea with regard, inter alia, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews, taking into
account the applicable international instruments;
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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Answer
(a)
The U.S. Oil Pollution Act of 1990 (OPA 90) establishes, unilaterally, oil spill response plan
requirements for tank ships, called vessel response plans (VRPs), of extreme importance and
concern to international tanker owners. In brief, OPA 90 VRP requirements include:
Consistency with the National Contingency Plan (NCP) and area plans;
Identification of a "qualified individual" to implement the plan and to coordinate with
the federal on-scene coordinator (FOSC);
Assurance, by contract or other approved means, of private re- sources to respond to a
worst case spill (defined as loss of the entire cargo during adverse weather
conditions);
Training and drills; and
Periodic updates.
OPA 90 also requires carriage of removal equipment by tankers
(b)
Entries required for operations involving all categories of substances:
Loading of cargo
Internal transfer of cargo
Unloading of cargo
Mandatory prewash in accordance with the ships procedures and arrangements
manual
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Answer
(a)
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.
In accordance with this Convention and its Annex, States-Parties to the 1990 Convention
undertake, individually or jointly, to take all appropriate measures to prepare for and respond
to oil pollution incidents.
Objectives
The primary objectives of the OPRC are as follows (ALL AT THE REGIONAL LEVEL):
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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.
(b)
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 states 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 Organizations Maritime Labour Convention.
The level of survey conducted by a PSC inspector can go from a preliminary inspection to a
more detailed inspection of the entire vessel. This will be dependent upon the impression that
he gets while on board. What he will check is to ensure that there is a well-planned system of
operation on board. If satisfied at the initial stage, then he will limit his inspection otherwise;
he will start his detailed inspection.
(c)
The scope of statutory survey covers every part of SOLAS convention, LL convention,
COLREG convention, MLC and MARPOL convention.
According to the classification rules - Classification survey is in accordance with the
statutory survey simultaneously. As a result, classification survey is taken when doing
statutory survey. Since the classification special survey cycle are restricted in less than 5
years for the reason of technical condition or structural condition, statutory survey renewal
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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a)
b)
c)
Answer
(a)
Special Trade Passenger means a passenger carried in special trade passenger ship in
spaces on the weather deck or upper deck or between decks which accommodate more than
eight passengers and includes a pilgrim or a person accompanying a pilgrim.
Special Trade Passenger Ship means a mechanically propelled ship carrying more than
thirty special trade passengers.
(b)
Contents of Certificate A
The first of the certificates is referred to as Certificate A and shall be in the prescribed form
and contain such particulars as may be prescribed.
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Certificate A shall remain in force for a period of one year from the date of issue or for such
shorter period as may be specified in the Certificate A.
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Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (c) of May 2012.
(b)
Anti-fouling system refers to a coating, paint, surface treatment or device used on a ship to
control or prevent attachment of unwanted organisms. The regulation applies regardless of
the size of the ship (or recreational craft) or its purpose. Use refers to application, change or
replacement of the anti-fouling system.
As of 1 January 2008 there is a total ban on Organotin compounds which act as biocides in
anti-fouling systems on ships. This means that all ships regardless of size or ships trade must
have removed such anti-fouling systems. Alternatively, they may be covered with a sealer
coat that prevents Organotin compounds from leaching. At the moment there are only
Organotin compounds which act as biocides in antifouling systems which are entirely
prohibited. There are other substances in anti-fouling systems which act as biocides, but there
are no current prohibitions. Other substances may be prohibited in future.
As from 1 July 2004, ships with a gross tonnage of 400 or above must be surveyed and have
an International Anti-fouling System Certificate. Survey and certification are issued by the
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The Anti-fouling System Certificate ceases to be valid if the antifouling system is changed or
replaced with another system and upon transfer of the ship to another flag or state.
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a)
b)
c)
Answer
(a)
A Bill of Lading, in its simplest form, is a receipt. The document states that the carrier has
received the shipment and contains information about the shipper and the receiver.
2. To Order Bill of Lading: Used for shipments when payment is not made in advance. This
can be shipping to one of your distributors or a customer on terms.
3. Clean Bill of Lading: A Clean Bill of Lading is simply a BOL that the shipping carrier has
to sign off on saying that when the packages were loaded they were in good condition. If the
packages are damaged or the cargo is marred in some way (rusted metal, stained paper, etc.),
they will need issue a "Soiled Bill of Landing" or a "Foul Bill of Landing."
4. Inland Bill of Lading: This allows the shipping carrier to ship cargo, by road or rail, across
domestic land, but not overseas.
5. Ocean Bill of Lading: Ocean Bills of Lading allows the shipper to transport the cargo
overseas, nationally or internationally.
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8. Direct Bill of Lading: Use a Direct Bill of Lading when you know the same vessel that
picked up the cargo will deliver it to its final destination.
10. Shipped On Board Bill of Lading: A Shipped On Board Bill of Lading is issued when the
cargo arrives at the port in good, expected condition from the shipping carrier and is then
loaded onto the cargo ship for transport overseas.
11. Received Bill of Lading: It is simply a Bill of Lading stating that the cargo has arrived at
the port and is cleared to be loaded on the ship, but has not necessary mean it has been
loaded. Used as a temporary BOL when a ship is late and will be replaced by a Shipped On
Board Bill of Lading when the ship arrives and the cargo is loaded.
12. Claused Bill of Lading: If the cargo is damaged or there are missing quantities, a Claused
Bill of Landing is issued.
(b)
During the course of a voyage if the vessel is or has experienced bad weather or any nature of
extraordinary events and you fear that damage or loss may be caused to your vessel and/or
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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(c)
Cargo Manifest
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Shippers Declaration
Q.7
a)
b)
Answer
(a) TO DO
(b)
SCOPIC PLEASE REFER TO PREVIOUS ANSWER Q. 7 of May 2012.
Q.8
What are the responsibilities and liabilities of the carrier and shipper as per
Hague Visby rules?
Answers
The "carriage of goods" relates to ...the period from the time when the goads are loaded on
to the time they are discharged from the ship" (Art. I). Therefore, the responsibilities
commence when the goods are loaded and end when they are discharged, i.e., this probably
includes the actual loading and discharging operation.
It also allows a carrier to agree to responsibility and liability related to the goods before
loading on and after discharging from the vessel. The carrier shall be bound before and at the
beginning of the voyage to exercise due diligence to:
Make the ship seaworthy;
Properly man, equip and supply the ship;
Make the holds, refrigerating and cool chambers, and all other parts of the ship in
which goods are carried, fit and safe for their reception, carriage and preservation.
Subject to the provisions of Article IV, the carrier shall properly and carefully load,
handle, stow, carry, keep, care for, and discharge the goods carried.
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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With reference to Indian Marine Insurance Act, 1963 describe the following:
a)
Insurable Interest
b)
Total loss (constructive and actual)
c)
Warranties
d)
Conditions
Answer
(a)
Insurable Interest
Under this principle an assured can only recover under the policy if he has an insurable
interest in the subject matter of the insurance. In other words, a contract of insurance is
binding on the underwriter only if it is made to cover an interest, which the law declares to be
capable of being insured. This means that the assured usually holds or expects to acquire an
interest in the nature of property. This was done to prevent the gamblers away from the
concept of insurance. What distinguishes such a contract from a bet is that the assured must
have an insurable interest, or right of property, in the ship.
Insurable interest is the case notably where in any legal relation to the marine adventure at
risk, in consequence of which he may benefit by the safety or due arrival of the insurable
property (the ship or cargo), or may suffer a loss by its loss (sinking).
Examples of insurable interest
Ship owners interest in the ship he owns.
Bottomry: Interest acquired by loan raised by captain of vessel on ship/cargo when
money urgently needed for prosecution of voyage, not repayable if venture lost.
Respondentia: Interest acquired by advance secured on cargo repayable only if cargo
saved, even if ship lost.
Master's and Seamen's Wages: Individuals have interest in their own wages.
Advance Freight: Freight is the remuneration payable to a ship owner for carriage of
goods or for the hire of his ship or cargo space. Unless freight is wholly or partly prepaid, it remains at the risk of the ship owner, who has insurable interest in it.
Insurable interest from insured property that is mortgaged; only applies to property
given as security for loan. Mortgagor (borrower) retains full insurable interest as he
must repay mortgagee (lender) in event of loss; mortgagee has insurable interest to
extent of the loan.
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AUGUST 2012
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a)
b)
What are the extent of territorial waters, the contiguous Zone & The EEZ
under UNCLOS 1982?
With respect to UNCLOS 1982, explain the criminal jurisdiction of
Coastal State in Territorial Waters.
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 1 of January 2012.
(b)
Crimes committed at sea present a dynamic legal scenario where international law
recognises a multitude of domestic jurisdictions existing concurrently. At all times, a ship is
subject to the domestic laws of the country in which it is registered, but it can also be within
the territorial jurisdiction of another country whilst transiting its waters and in its ports, and
thereby subject to that second countrys laws. Further, where a citizen is involved in a
criminal offence, either as an alleged perpetrator or as a victim, their country of citizenship is
recognised under international law as also having jurisdiction to investigate and prosecute the
crime. A criminal act committed on board will therefore often lead to potentially competing
jurisdictional claims.
Jurisdiction refers to the ability of a country both to make and to enforce its laws. It is
generally considered that there are two basic types of jurisdiction: prescriptive jurisdiction
and enforcement jurisdiction. Prescriptive jurisdiction is the power to regulate people and
situations regardless of their location. Enforcement jurisdiction on the other hand is the
ability of a country to legally arrest, try, convict and gaol an individual for a breach of its
laws.
A country will therefore only be entitled to prosecute a crime (exercising enforcement
jurisdiction) if it has recognised grounds to claim jurisdiction over the event in international
law, and its domestic law expressly asserts that jurisdiction. As a matter of general
international law, a country may invoke (use / put into practice) jurisdiction and apply its
domestic laws and enforce sanctions for criminal conduct in a variety of circumstances,
including: Where criminal conduct occurs within their territory (territorial principle);
Q.2
List the functional requirements embodied in the ISPS code that will assist in
achieving the objectives of the code.
Answer
In a very precise explanation, the International Ship and Port Facility Security Code (ISPS
Code) is a set of maritime regulations designed to help detect and deter threats to
international maritime security. This risk management concept is embodied in the ISPS Code
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It is however to be noted that the regulatory provisions do NOT extend to the actual response
to security incidents or to any necessary clear-up activities after such an incident . It is
basically a risk assessment activity to promote maritime security with ships; port and the
Maritime Administration (Flag State) of the ship are the key players.
In summary then, the ISPS Code:
Enables the detection and deterrence of security threats within an international
framework.
Establishes roles and responsibilities.
Enables collection and exchange of security information.
Provides a methodology for assessing security.
Ensures that adequate security measures are in place.
It requires ship and port facility staff to:
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a)
b)
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (b) of May 2012.
(b)
Countries, by understanding their respective responsibilities as per Article 194 of the United
Nations Convention on the Law of the Sea (UNCLOS), 1982, which provides that States shall
take all measures necessary to prevent, reduce and control pollution of the marine
environment, as well as, also appreciating Article 235 of UNCLOS, which provides that, with
the objective of assuring prompt and adequate compensation in respect of all damage caused
by pollution of the marine environment, States shall co-operate in the further development of
relevant rules of international law, decided to work towards the final loop in compensation
for oil pollution damage (after the success of the CLC and Fund Conventions) in ensuring
that compensation is available to persons who suffer damage caused by pollution resulting
from the escape or discharge of oil carried in ships bunkers.
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It was also recognised that the importance of establishing strict liability for all forms of oil
pollution, which is linked to an appropriate limitation of the level of that liability, is the need
of the hour. And finally, considering that complementary measures are necessary to ensure
the payment of adequate, prompt and effective compensation for damage caused by pollution
resulting from the escape or discharge of bunker oil from ships, there was a consensus
reached to adopt uniform international rules and procedures for determining questions of
liability and providing adequate compensation in cases related to pollution from bunker spills
from ships.
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a)
b)
List the spaces not suitable for the carriage of passengers as provided in
STP ships rules.
Define Special Trade Passenger Ship. Explain the contents of special
trade passenger ship safety certificate.
Answer
(a)
Spaces not suitable for carriage of passengers
No special trade passenger shall be carried:
(a) On any deck lower than the one immediately below the deepest subdivision load line;
(b) At any point in a between deck space where the clear headroom is less than 1.90 metres
(6 feet 3 inches);
(c) Forward of the collision bulkhead or the upward extension thereof, as provided for in
Regulation 9 of Chapter II of the SOLAS Convention;
(d) On lower between decks within 10 per cent of the length of the ship from the forward
perpendicular; or
(e) On any weather deck which is not sheathed to the satisfaction of the Administration.
During seasons of foul weather, spaces on the weather deck shall not be measured as being
available for the accommodation of special trade passengers, except that such spaces may be
measured as being available for use as airing space required to be provided.
(b)
Special Trade Passenger Ship means a mechanically propelled ship carrying more than
thirty special trade passengers.
Contents of Special Trade Passenger Ship Safety Certificate
There are TWO Certificates Certificate A and Certificate B.
Contents of Certificate A
The first of the certificates is referred to as Certificate A and shall be in the prescribed form
and contain such particulars as may be prescribed.
In particular and without prejudice to the generality of the foregoing power, certificate A shall
contain the following statements and particulars, namely:
Certificate A shall remain in force for a period of one year from the date of issue or for such
shorter period as may be specified in the Certificate A.
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b)
d)
Manning levels
Repatriation
(a)
Seafarers Hours of work or rest
The period of 24 hours shall begin at the time a seafarer starts work immediately after having
any period of one hour and over off duty. The Administration has provided for the minimum
hours of rest of not less than 10 hours in any 24-hour period; and 77 hours in any seven-day
period, however with proper notice to the Administration, ship-owners may choose to apply
the maximum hours of work of not more than 14 hours in any 24-hour period; and 72 hours
in any seven-day period, but shall not implement both on the same vessel.
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Manning levels
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.
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.
(c)
Recruitment and Placement Services (RPS)
Recruitment and Placement Services, is defined as, Any person, company, institution,
agency or other organisation, in the public or private sector, which is engaged in recruiting
seafarers on behalf of ship-owners or placing seafarers with ship-owners.
MLC requires that ship-owners who use RPS must request the presentation of a license or
similar document which proves that RPS operates in accordance with national requirements
relevant to MLC. Main areas of concern under MLC therefore are:
Free of charge access to an efficient, adequate & accountable system for finding a job
on board;
Cost of issuance of travel documentation required to join ship;
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It is also the responsibility of each Member Country to ensure that there are appropriate
provisions in its laws and regulations or other measures or in collective bargaining
agreements, prescribing the following:
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If a ship-owner fails to make arrangements for or to meet the cost of repatriation of seafarers
who are entitled to be repatriated:
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;
costs incurred in repatriating seafarers shall be recoverable from the ship-owner by
the Member whose flag the ship flies;
Finally, each Member Country 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.
Q.6
a)
b)
Answer
(a)
Limitation of liability for damages in respect of certain claims
The ship owner, salver, any person for whose act, neglect or default the ship owner or salver,
as the case may be, is responsible, and an insurer of liability for claims to the same extent as
the assured himself, may limit his liability in respect of:
claims arising from loss of life of or personal injury to, or loss of or damage to,
property (including damage to harbour works, basins and waterways and aids to
navigation), occurring on board or in direct connection with the operation of the ship
or with salvage operations, and resulting in consequential loss;
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Discuss and distinguish between Hague and Hague-Visby rules with regards to
following:
a)
b)
Limitation of liability
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Answer
(a)
The Hague Rules represented the effort made by the international community to achieve
uniformity in ocean bills of lading in order to provide a degree of predictability for
international shipping. Prior to these rules, ship-owners often thwarted cargo damage claims
by inserting limits in bills of lading. The Hague Rules were generally well- received and have
been adopted by 58 maritime nations.
The Scope of Application
The scope of application of the Hague Rules is stated in Article 10 which provides that:
The provisions of this Convention shall apply to all bills of lading issued in any of the
contracting States. Thus, the Hague Rules shall only apply to the outward shipment i.e.
shipment from a port of the contracting states to a foreign port. As for the inward shipment
i.e. shipment from any port outside the contracting states to any port in the contracting states,
presumably, the Hague Rules do not apply but rather the law of the country from where the
goods were shipped would be the applicable law.
(b)
Limitation of Liability
The limitation of carriers liability is stated in Article IV Rule 5 which provides that:
Neither the carrier nor the ship shall in any event be or become liable for any loss or damage
to or in connection with goods in an amount exceeding 100 pound sterling per package or
unit, or the equivalent of that sum in other currency unless the nature and value of such goods
have been declared by the shipper before shipment and inserted in the bill of lading. Thus,
the Hague Rules limits the liability of the carriers to 100 pound sterling per package or unit,
or the equivalent of that sum in other currency. Unless, the shipper has made a declaration of
value, in which case the carriers liability is limited to the higher declared value.
(c)
Time limit for initiating claims and suits
It is well-known that Hague and Hague-Visby Rules, where they apply, impose certain
obligations on a carrier in relation to the seaworthiness of the vessel and care of the cargo.
Article III rule 6 of each of these regimes imposes a one-year time limit for bringing suit
against the carrier which, if not complied with, may have prejudicial consequences on a
potential claimant. Generally speaking, the time-bar will apply to all claims in respect of the
carriage of goods by sea under bills of lading which are subject to Hague or Hague-Visby
Rules. The time-bar will apply not only to claims for damaged or lost cargo but also for
general average and salvage contributions. These may take time to quantify, and care must be
taken to ensure that the time-bar is not missed whilst such claims are being quantified.
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b)
d)
Answer
(a)
Lay days - The period of days during which the ship must present herself at the loading port,
and during which charterers are obliged to accept the ship for loading.
Cancelling date is the final lay day after which, if the ship presents herself at the loading port,
charterers have no obligation to load the cargo. For example, a lay/can of 18/22 would mean
that the first lay day is the 18th of the month, and the final lay day, or cancelling date, is the
22nd.
Lay time - The period of time agreed between the ship-owner and charterer during which the
owner will make and keep the ship available for loading and/or discharging without payment
additional to the freight. Lay time is measured in days, hours and minutes, and can be
considered as a reservoir of time that is gradually used up by the charterer. Three conditions
must be met before lay time can commence:
(1) The vessel must be an arrived ship
(2) she must be fully ready to load or discharge and
(3) notice of readiness must have been tendered in accordance with the Charter-party.
(b)
A voyage charter is the hiring of a vessel and crew for a voyage between a load port and a
discharge port. The charterer pays the vessel owner on a per-ton or lump-sum basis. The
owner pays the port costs (excluding stevedoring), fuel costs and crew costs. The payment for
the use of the vessel is known as freight. A voyage charter specifies a period, known as lay
time, for loading and unloading the cargo. If lay time is exceeded, the charterer must pay
demurrage. If lay time is saved, the charter party may require the ship owner to pay despatch
to the charterer.
A time charter is the hiring of a vessel for a specific period of time; the owner still manages
the vessel but the charterer selects the ports and directs the vessel where to go. The charterer
pays for all fuel the vessel consumes, port charges, commissions, and a daily hire to the
owner of the vessel.
(c)
The term demurrage originated in vessel chartering and refers to the period when the
charterer remains in possession of the vessel after the period normally allowed to load and
unload cargo (lay time). By extension, demurrage refers to the charges that the charterer pays
to the ship owner for its extra use of the vessel.
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(d)
First of all, it has to be a binding agreement, which means that the contracting parties
intended to create legal rights and duties.
Secondly, the agreement must be concluded by states or international organizations
with treaty-making powers.
Thirdly, it has to be governed by international law that is, the general good of
mankind.
Finally, the agreement has to be in writing.
What is a Convention?
The term "Convention" is also basically a treaty (meeting the above four requirements) but, it
has participation at the global level where every member country can participate.
Conventions are therefore agreements negotiated under the auspices of an international
organization (UN, IMO, UNESCO, UNICEF etc) (e.g. United Nations Convention on the
Law of the Sea of 1982). The same holds true for instruments adopted by an organ of an
international organization, such as the IMO, (e.g. the SOLAS Convention, MARPOL 73/78
Convention, STCW Convention they are all treaties but are called Convention because in
order to make it a law, the countries from all around the world participated).
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(e)
The definitions of a condition and a warranty are very specific in the context of insurance
law. A warranty can be a condition but a condition may not be a warranty. Generally, a
condition is an essential part of a marine insurance contract, and if breached, the party that
has been deprived is permitted to claim damages and even terminate the contract because the
breach has in effect repudiated the contract. On the other hand, a warranty would not be
considered a vital part of the contract. In the event that one of the parties to the contract is
found to be in breach of the contract, he or she is at liberty to make a claim in damages but
this does not mean that the party who did not breach the contract could terminate the contract.
Warranties play a greater part in insurance law than conditions. A warranty is a term of
insurance contract that if the insured has breached, the insurer is no longer held to be liable as
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Q.9
a)
b)
c)
d)
Answer
(a)
3/4th Collision Liability [also known as Running Down Clause (RDC)]
Under the Institute Time Clauses (Hulls) 1983 it is agreed that if the insured vessel is to
blame for a collision with another vessel, the insurers undertake to pay three-fourths of the
damage sustained by the other vessel up to a maximum of three fourths of the value of the
insured vessel mentioned in the policy. Payments by the assured for cargo on this insured
vessel are excluded in view of the fact that ship owners are not responsible, under the bill of
lading terms, for the consequences of negligent navigation. As a rule, the remaining onefourth is covered by the P & I Club. If the Running Down Clause does make underwriters
liable for the full amount of damage, which may sometimes be arranged, it is known as
4/4ths R.D.C..
(b)
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(c)
Open cover in cargo insurance
Cargo insurance can be affected either on facultative basis or on open cover basis. First we
can see the respective concepts and features of these two different forms of cargo insurance.
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November 2012
Page 71
Define the following and explain as to how to plan and conduct passage in the
following waters, as stipulated in UNCLOS:
a)
Archipelagic Waters b)
International Straits c)
Territorial sea
Answer
(a)
Archipelagic waters
(PLEASE DRAW THE DIAGRAM DONE IN CLASS)
The convention set the definition of Archipelagic States in Part IV, which also defines how
the state can draw its territorial borders. A baseline is drawn between the outermost points of
the outermost islands, subject to these points being sufficiently close to one another. All
waters inside this baseline are designated Archipelagic Waters. The state has full sovereignty
over these waters (like internal waters), but foreign vessels have right of innocent passage
through archipelagic waters (like territorial waters).
(b)
International Straits
The issue of passage through straits that are essentially used as through-routes between one
high seas area and another has been a longstanding navigational tension in the law of the sea.
Despite the availability of the innocent passage regime, maritime states argued that, because
of the international significance of these waters as major navigation routes between oceans
and seas, greater navigational freedoms should apply through these straits than in territorial
seas. In response the drafters created a new regime for international straits, contained in part
III of UNCLOS. UNCLOS recognizes four types of passage through straits.
First, the normal freedoms of navigation still apply through straits used for international
navigation that contain a high seas or EEZ corridor.
Second, the Convention does not affect longstanding legal regimes which control passage
through certain straits, such as the Turkish Straits of the Bosphorus and Dardanelles.
Third, the newly created right of transit passage applies in straits used for "international
navigation" which connect one part of the high seas or EEZ with another part of the high seas
or EEZ.
(c)
Territorial waters
Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use,
and use any resource because it enjoys Territorial Sovereignty.
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a)
b)
Answer
(a)
PLEASE REFER TO THE EXPLANATION ON TIERS OF COMPENSATION
MECHANISM IN A PREVIOUS ANSWER Q. 3 (b) of May 2012.
(b)
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 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 unit of tonnage
For a ship over 140,000 gross tonnage: liability is limited to 89.77 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 ship-owner cannot limit liability if it is proved that the pollution
damage resulted from the ship-owner's personal act or omission, committed with the intent to
cause such damage, or recklessly and with knowledge that such damage would probably
result.
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Answer
(a)
TO DO
(b)
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a)
b)
What are the duties of the Salver, Master and Owner as per LOF?
What are the criteria for fixing the reward for salvage as per LOF-2000?
Answer
(a)
Duties of the salver and of the owner and master
The salver shall owe a duty to the owner of the vessel or other property in danger:
to carry out the salvage operations with due care;
in performing the duty specified in subparagraph (a), to exercise due care to prevent
or minimize damage to the environment;
whenever circumstances reasonably require, to seek assistance from other salvers; and
to accept the intervention of other salvers when reasonably requested to do so by the
owner or master of the vessel or other property in danger; provided however that the
amount of his reward shall not be prejudiced should it be found that such a request
was unreasonable.
The owner and master of the vessel or the owner of other property in danger shall owe a
duty to the salver:
to co-operate fully with him during the course of the salvage operations;
in so doing, to exercise due care to prevent or minimize damage to the environment;
and
when the vessel or other property has been brought to a place of safety, to accept
redelivery when reasonably requested by the salver to do so.
(b)
Criteria for fixing the reward
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Answer
(a)
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Under the general maritime law, the ship-owner's obligation to provide a seaworthy vessel is
absolute and non-delegable. It is also independent of the ship-owner's knowledge or intent.
Carriage of Goods by Sea Act (COGSA), when applicable to ocean carriage, has lessened the
ship-owner's seaworthiness obligation to that of using due diligence to furnish a seaworthy
vessel. These statutes relieve the ship-owner from liability without fault meaning that he
has to be at fault with regard to seaworthiness of his ship. done to make the vessel
seaworthy?)
(b)
The bulk of maritime commercial activity involves carriage of goods. The most important
document used in this type of transaction is the bill of lading. A bill of lading is basically a
contract of carriage. Since ocean bills are negotiable, they control possession of the goods
and allow for the financing of the movement of merchandise and commodities around the
world. The good faith purchaser of a bill of lading, or holder in due course, is given
privileged status.
Owners' basic obligations are very closely connected with the three functions of a negotiable
Bill of Lading (B/L), in particular as a:
Receipt of the goods, which operates as prima facie evidence of the goods' quality and
condition
Evidence of / being the contract of carriage, which gives to the parties of the sales
transaction rights against the carrier in regard to the safe carriage of the goods and
their delivery at destination
Document of title which is subject to transfer and endorsement and gives a right to
demand delivery
(c)
In today's trading market, owners are frequently requested to accept a letter of indemnity
(LOI) in exchange for complying with charterers' or shipper's request to take on risks which
can fall outside the contractual demands normally placed on a carrier. These can also fall
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a)
b)
c)
Answer
(a)
NOT ANSWERED AS IT IS NO LONGER APPLICABLE AFTER COMING INTO
FORCE OF MLC, 2006.
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a)
b)
Answer
(a)
A contract of marine insurance is therefore an agreement whereby the insurer undertakes to
indemnify the assured, in the manner and to the extent agreed, against losses incidental to
marine adventure. There is a marine adventure when any insurable property is exposed to
maritime perils i.e. perils consequent to navigation of the sea. The term 'perils of the sea'
refers only to accidents or causalities of the sea, and does not include the ordinary action of
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
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Page 82
What are the salient features of Oil Pollution Preparedness and Response
(OPRC) Convention & OPRCHNS Protocol?
Answer
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (a) of May 2012; plus ADD the
following in the answer for OPRC-HNS Protocol.
OPRC - HNS2 PROTOCOL
b)
d)
Notice of readiness
Un-seaworthy ship
Answer
TO BE TAKEN FROM ANSWERS ELSEWHERE
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JANUARY 2013
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Describe the purpose and contents of the following certificates with regards to
the statutory provisions of Merchant Shipping Act 1958.
a)
Certificate A for special trade passenger ships.
b)
Certificate B for special trade passenger ships.
c)
Safety Certificates in respect of Cargo Ships.
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (b) of August 2012.
(b)
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (b) of August 2012.
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Answer
(a)
Terms of employment, as per MLC, 2006, deals with Seafarers Employment Agreements
(SEA). The MLC, 2006 defines a SEA as including both a contract of employment and
articles of agreement. This definition is an inclusive definition that covers various legal
systems and practices and formats. In simple terms then, the SEA is a clear written legally
enforceable agreement that must be consistent with the standards set out in the mandatory
Code A of MLC. Also, MLC requires that the ship-owner and seafarer concerned each have a
signed original of the seafarers employment agreement. It is important to note that the SEA
is a contractual agreement between an individual seafarer and the ship-owner. Therefore
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
(meaning a manning agency). The SEA requires that terms and conditions of the seafarers
employment must be in writing and both the seafarer and the ship-owner must have an
original SEA, signed by the seafarer and by the ship-owner. It is therefore the responsibility
of the ship-owner to ensure that each seafarer has an opportunity to examine the SEA and
seek advice before signing it, in order to ensure that all seafarers signing employment
agreements do so of their own volition and with a sufficient understanding of their rights and
responsibilities under the agreement.
Probably, the most important aspect of the SEA is that it is the responsibility of the shipowner to inform seafarers of their rights and duties under their employment agreement prior
to or in the process of engagement.
(b)
Provisions of Social Security
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Answer
(a)
Custody and use of certificate of Registry
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Page 92
(b)
Always Afloat is a contract term requiring that the vessel not rest on the ground. In some
ports the ship is aground when approaching or at berth. In order to prevent a vessel from
being ordered to proceed to a berth where she cannot load or discharge without touching the
ground or a berth which can only be reached safely after discharging part of the cargo into
lighters or which can only be reached on spring tidal conditions, the so-called "always safely
afloat clause" is inserted in the charter-party. This clause may read as follows:
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In some ports where the bottom consists of soft mud, it may be agreed that the vessel may lie
safely aground at low tide that is "Not always afloat but safely aground" (NAABSA).
(c)
The charterers obligation is to nominate a port which, when the order is given, is
prospectively safe. In other words the port must be likely, subject to the occurrence of
abnormal and unexpected circumstances, to be safe at the time of the vessels arrival.
It is important to determine whether there is a warranty as to safety of a port in a charterparty. For example, a warranty in this regard can be that the charterers shall exercise due
diligence to ensure that the vessel is only employed between and at safe ports, places, berths,
docks, anchorages where she can also lie safely afloat. But this does NOT mean that the , but
the Charterers shall not be required to authorise the safety of any port, place, berth, dock,
anchorage and therefore shall be under no liability in this respect except for loss or damage
caused to the ship by their failure to exercise due diligence. In the context, the "due
diligence" obligation merely requires the charterers to display "reasonable care" and that they
would be considered successful in discharging this duty if "a reasonably careful charterer
would, on the facts known, have concluded that the port was prospectively safe".
Q. 9 With reference to Indian Marine Insurance Act, 1963, write short notes on the
following:
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Page 94
(d) Subrogation
Answer
DONE ELSEWHERE TO REFER ACCORDINGLY
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FEBRUARY 2013 - 1
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Under the UNCLOS, describe the conditions under which foreign flag vessels
will have the right of innocent passage through territorial waters of the coastal
state.
Answer
AS PER THE SPECIFIC ANSWER GIVEN IN THE CLASS HENCE NOT
REPEATED HERE
Q.2
the required watch-keeping standard can be maintained and that personnel are
able to obtain sufficient rest;
personnel are not required to work more hours than is safe in relation to the
safety of the ship;
the master and seamen can perform their duties in accordance with the
framework of operational guidance in section A-VIII of the STCW Code;
the master and seamen are not required to work such hours or under such
conditions which may be injurious to their health and safety.
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Page 98
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (a) of July 2012.
(b)
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (b) of January 2012.
Page 99
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
DONE ELSEWHERE TO REFER ACCORDINGLY
(c)
PLEASE REFER TO PREVIOUS ANSWER Q. 8 (d) of August 2012.
(d)
It is important to note that the differentiation is made for the purpose of making the specific
report to the shore authorities in order for them to take the necessary action to minimise the
damage to the marine environment.
Actual Discharge
An initial incident report to the nearest coastal State is required whenever there is:
a discharge (actual) of oil above the permitted level for whatever reason, including
those for the purpose of securing the safety of a ship or saving life at sea; or
a discharge during the operation of the ship a discharge of oil in excess of the quantity
or instantaneous rate permitted under the present Convention or applicable marine
pollution regulations.
Probable Discharge
Although an actual discharge may not have occurred, an initial incident report is required if
there is the probability of a discharge. In judging whether there is such a probability, and
thus, whether a report must be made, the following factors should be taken into account:
the nature of damage sustained by the ship;
Page 100
Answer
PLEASE REFER TO PREVIOUS ANSWER Q. 5 (a) of January 2013.
Q.6
Since flying the Q flag involves a request for boarding by Port State Control, it has also
become an invitation to Customs to inspect a vessel for dutiable goods or contraband.
Certificate of free pratique - This is a certificate from the port-health-authorities that the ship
is without infectious disease or plague on board and therefore permitted to enter port and to
allow people to board and disembark. One of the conditions that must be met before a ship is
considered to be "ready" to load or discharge and thus to allow lay-time to commence is that
it must be "legally ready". This includes permission from the port health authorities. In the
old days (and perhaps in some ports even today) permission could be obtained by a lengthy
process at the "quarantine anchorage" or similar waiting place in the port or even at the berth
while waiting for the port officials to come on board. This led to delay and the master could
not give notice of readiness thus being under pressure for the counting of lay-time. Now, free
pratique can be obtained in advance of the ship's arrival, by the port agent, and communicated
to the ship by telecommunication (sometimes called "Radio free pratique"). When the vessel
Page 101
Discuss the statutory obligations of ship master as per M.S. Act 1958.
a)
To render assistance to a vessel in distress; and
b)
In the event of collision with another vessel in high seas.
Answer
DONE ELSEWHERE TO REFER ACCORDINGLY
Q.8
a)
b)
c)
Answer
(a)
A Bill of Lading is a legal document between the shipper of a particular good and the carrier
detailing the type, quantity and destination of the good being carried. The bill of lading also
serves as a receipt of shipment when the good is delivered to the predetermined destination.
This document must accompany the shipped goods, no matter the form of transportation, and
must be signed by an authorized representative from the carrier, shipper and receiver.
There are several types of Bills of Lading, each of which serves a different function. Because
of this range of functionality, it's important to understand how each works to identify the right
document for your needs. In general, a bill's consignment is the key to understanding how it
works. The most common type of Bill of Lading is known as a To Order Bill-is consigned
To Order or To Bearer and is therefore a negotiable document that confers title
(meaning, whosoever holds the B/L can take the delivery of cargo at the destination port).
Whereas, a Straight Bill of Lading is consigned to a named consignee, and is therefore
non-negotiable under the law.
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When an original bill of lading is carried on board, whether it is the only original or one of a
set of originals, the utmost care must be taken by the Master to correctly identify the party to
whom the bill of lading should be handed over at destination. Failure to hand the bill of
lading to the right party could also result in a claim for mis-delivery of the cargo.
However, It is nowadays unusual for an original bill of lading to be available for presentation
at the discharge port. This is not (of course) because communications in general have slowed
down; it is because very many cargoes are now traded while in transit - not just once or twice
but in some cases more than a hundred times. Since most such trades will require to be
financed through banks, and on credit terms for at least one party, it often becomes
impossible for an original bill to be available at the discharge port. The right and duty of the
master to deliver the cargo to the first person to present an original bill of lading at the
discharge port is a basic principle of maritime law, but it has little contact with reality in
modern trading conditions.
(c)
The Hague-Visby Rules require that, after receiving the cargo, the carrier or his master or
agent must on the shipper's demand issue to that shipper a bill of lading. More detailed
provisions relating to the ship-owners obligations with respect to issuing bill of lading (B/L)
will be set out in the charter-party.
This obligation to sign bills of lading (B/Ls) as presented relates to the form of the bill of
lading (B/L), not the facts it states: it neither requires nor ignores the signing of bills of lading
(B/Ls) which are inaccurate. A carrier cannot, for example, be obliged to sign a B/L which
misstates the quantity or quality of the cargo.
The charterers right to direct the form and content of the bill of lading (B/L) is balanced by
the indemnity included in the charter-party by which the charterer agrees to indemnify the
ship-owner against all liabilities that may arise from signing the bills of lading in accordance
with the directions of Charterers to the extent that such bills of lading impose more difficult
liabilities than those assumed by Owners under the terms of this Charter.
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 104
Answer
DONE ELSEWHERE TO REFER ACCORDINGLY
FEBRUARY 2013 2
Page 105
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
When is a vessel arrived?
Under the English common law system, arrival of vessel is one of two prerequisites for laytime to be started. The answer of the question when the vessel is arrived is to be relied upon
whether the charter-party is a port or berth charter-party. If it is a berth charter-party, the
vessel is deemed to be arrived when it is at berth. As far as the commercial interests of the
parties are concerned, charterer is in a better position as opposed to owner, as the vessel is to
be arrived later. It shall therefore consequence that the lay-time starts running later and lapses
later. On the other hand, the owner is in a better position under a port charter-party, since the
port is a large area, that is to say, the vessel is likely to be arrived at the port sooner rather
than later. The tests of the arrival of the vessel under a port charter-party are clarified as
follows - the vessel must be within the geographical and legal area in which the port has
control; it must be at the charterers immediate disposes; it could be a usual waiting area.
Q.2
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
Indemnity Clause
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Page 107
Page 108
Under M.S. Act how does the vessel deal with following situations:
a)
Complaints by crew of provisions and water
b)
Seamen expires in a foreign port
c)
Dispute between two seamen
Answer
(a)
TO FIGURE OUT
(b)
Seaman expires in a foreign port
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 (it will thereafter be referred to as the property of a deceased seaman or
apprentice).
(c)
Power to refer disputes between seamen and their employers to tribunals
Where the Central Government is of opinion that any dispute between seamen or any
class of seamen or of any union of seamen and the owners of ships in which such
seamen are employed, the Central Government may, constitute a tribunal consisting of
one or more persons, and refer the dispute to the tribunal for negotiation and
settlement.
The tribunal so constituted shall have power to regulate its own procedure and shall
have the same powers in respect of the following matters:
enforcing the attendance of any person and examining him on oath;
compelling the production of documents;
issuing commissions for the examination of witnesses;
No party to a dispute shall be entitled to be represented by a legal practitioner
(lawyer) in any proceeding before the tribunal except with the consent of the other
party or parties to the proceedings and with the leave of the tribunal. The punishment
will be enforceable and shall be binding on all the seamen and the ship owner
involved in the dispute, as well as any money due to a seaman from the owner of a
ship under an award may be recovered as wages.
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Page 110
Answer
(a)
ILO 147 IS NO ONGER APPLICABLE AFTER ENTRY INTO FORCEW OF MLC,
2006 AND HENCE HAS NOT BEEN ANSWERED
(b)
The Athens Convention establishes a regime of liability (in this case of the ship owner) for
damage suffered by passengers carried on a seagoing vessel. It declares a carrier liable for
damage or loss suffered by a passenger if the incident causing the damage occurred in the
course of the carriage and was due to the fault or neglect of the carrier.
However, unless the carrier acted with intent to cause such damage, or recklessly and with
knowledge that such damage would probably result, he can limit his liability. The ship owner
has to have compulsory insurance to cover passengers on ships. Ships are to be issued with a
certificate attesting that insurance or other financial security is in force. In case of death of a
passenger; the maximum liability of the ship owner is 250,000 SDR per passenger on each
distinct occasion.
As far as loss of or damage to luggage is concerned, the carrier's limit of liability varies,
depending on whether the loss or damage occurred in respect of cabin luggage, of a vehicle
and / or luggage carried in or on it, or in respect of other luggage.
Limits of liability
The liability of the carrier only includes loss arising from incidents that occurred in the
course of the carriage. The burden of proving that the incident which caused the loss occurred
in the course of the carriage, and the extent of the loss, lies with the claimant and not the ship
owner.
Loss of or damage to luggage and vehicles:
The liability of the carrier for the loss of or damage to cabin luggage is limited to
2,250 SDR per passenger, per carriage.
Liability of the carrier for the loss of or damage to vehicles including all luggages
carried in or on the vehicle is limited to12,700 SDR per vehicle, per carriage.
Liability of the carrier for the loss of or damage to other luggage is limited to 3,375
SDR per passenger, per carriage.
Page 111
Describe the three tiers of compensation mechanism for all pollution damage as
stipulated under the CLC and Fund Conventions.
Answer
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (b) of May 2012.
Q.6
a) What are standard and recommended practices under the FAL Convention?
b) Differentiate the limits of liability of the ship owner under the LLMC 1976
and its Protocol of 1996.
Answer
(a)
The FAL Convention's main objectives are to prevent unnecessary delays in maritime traffic,
to aid co-operation between Governments, and to secure the highest practicable degree of
uniformity in formalities and other procedures. So, basically the purpose of the FAL
Convention is to facilitate maritime transport by reducing paper work, simplifying
formalities, documentary requirements and procedures associated with the arrival, stay and
departure of ships engaged on international voyages.
Standards and recommended practices
The Annex contains "Standards" and "Recommended Practices" on formalities, documentary
requirements and procedures which should be applied on arrival, during their stay, and on
departure to the ships, their crews, passengers, baggage and cargo. In its Annex, the
Convention contains "Standards" and "Recommended Practices" on formalities,
documentary requirements and procedures which should be applied on arrival, stay and
departure to the ship itself, and to its crew, passengers, baggage and cargo.
The Convention defines standards as internationally-agreed measures which are "necessary
and practicable in order to facilitate international maritime traffic" and recommended
practices as measures the application of which is "desirable".
(b)
Under the 1976 LLMC Convention, the limit of liability for claims covered is raised
considerably, in some cases up to 250-300 per cent. Limits are specified for two types of
claims - claims for loss of life or personal injury, and property claims (such as damage to
other ships, property or harbour works).
The limits under the 1976 Convention were set at 333,000 SDR for personal claims for ships
not exceeding 500 tons plus an additional amount based on tonnage. For other claims, the
limit of liability was fixed under the 1976 Convention at 167,000 SDR plus additional
amounts based on tonnage on ships exceeding 500 tons.
The limit of liability for claims for loss of life or personal injury on ships not exceeding 2,000
GT is 2 million SDR.
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 112
For each ton from 2,001 to 30,000 tons, 604 SDR (up from 400 SDR)
For each ton from 30,001 to 70,000 tons, 453 SDR (up from 300 SDR)
For each ton in excess of 70,000 tons, 302 SDR (up from 200 SDR).
Q.7
Discuss the responsibility of carrier and shipper under Hague Visby rules and list
out for main differences between each.
Answer
Responsibilities of the Carrier
Page 113
State the function of a bill of lading and explain the Bill of lading Act. What
action would you take if charter required vessel the release cargo under a LOI.
Answer
FUNCTION OF BL DONE ELSEWHERE TO REFER ACCORDINGLY
It is common practice for traders, usually when they are the sellers of the goods and the
charterers of a vessel, to instruct the carrier to discharge cargoes without production of the
original bills of lading and to agree to indemnify the carrier against the consequences of
doing so. This is done by providing a Letter of Indemnity ("LOI"). LOIs against delivery
without bills of lading has been used for decades and is here to stay. However, there are very
real risks in their use and it is important to have a full appreciation of those risks. Whilst the
terms of LOIs are virtually non-negotiable, there are steps which can be taken to significantly
improve a seller's position with a buyer in the event that LOIs are deployed, so that if calls
are subsequently made.
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indemnify the party (usually the ship owner), and hold him harmless in respect of any
liability, loss, damage or expense of whatsoever nature which they may sustain by
reason of delivering the cargo in accordance with the request to do so;
provide sufficient funds to defend any claim brought in connection with the delivery
of cargo without bills of lading and
provide security in respect of any third party claims brought against the indemnified
party, for delivery without bills of lading should the vessel be arrested or threatened
with arrest.
Therefore, if a third party comes along claiming to be the holder of the bill of lading
following delivery of the cargo, and makes a claim against the carrier backed up with a threat
to arrest his vessel, the trader who has issued an LOI will:
i.
ii.
be liable to indemnify the carrier in respect of that claim if the carrier is successful
and
iii.
have to provide the carrier with the funds to defend the claim. Since the third party's
claim will almost invariably be for the full value of the cargo, the sums involved can
be very significant indeed.
Q.9
Answer
(a)
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MAY 2013
Page 117
a) List the statutory certificates and documents carried on board Indian Ship
(Type Gas Carrier) in conformance with IMO conventions and codes.
b) Define the following:
(i) Territorial Waters of India
(ii)
Contiguous zone
(iii) Continental shelf and EEZ i.e. Exclusive Economic Zone as specified in
Maritime Zone Act, 1976
Answer
(a)
(b)
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 118
Page 119
Oil
Chemical
Liquid Gas
Advanced Fire-fighting
Medical Training
The amendments include three levels of security training:
Page 120
Answer
(a)
SOPEP contains the following things:
The action plan contains duty of each crew member at the time of 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
equipments.
On board Reporting procedure and requirement in case of oil spill is described.
Authorities to contact and reporting requirements in case of 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 positioning of vents, save all trays etc.
General arrangement of ship is also listed in SOPEP, which includes 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.
Ship oil pollution plan contains:
An action plan with instructions for the oil pollution prevention team. This is a list of
duties the crewmembers have to fulfil in case of an oil spill.
An emergency plan.
General information about the ship.
Procedures to discharge the oil into the sea in accordance to MARPOL regulations
Drawings of fuel/oil lines.
Location of SOPEP boxes.
(b)
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (b) of January 2012.
(ii)
Ballast water is essential to control trim, list, draught, stability, or stresses of the ship.
However, ballast water may contain aquatic organisms or pathogens which, if introduced into
the sea including estuaries, or into fresh water courses, may create hazards to the
environment, human health, property or resources, impair biological diversity or interfere
with other legitimate uses of such areas. The selection of appropriate methods of ballast water
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Q.4
Page 122
Answer
(a)
Food and Catering Standards
Purpose: To ensure that seafarers have access to good quality food and drinking water
provided under regulated hygienic conditions.
For the ship-owner or management company, compliance includes taking care of their
responsibilities in terms of the MLC 2006 with regards to training and implementations, and
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 123
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Page 125
Sickness benefit
Unemployment benefit
Old-age benefit
Employment injury benefit
Family benefit
Maternity benefit
Invalidity benefit
Survivors benefit
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To know the number and composition of the crew on arrival and departure
Name and nationality of the ship
Family name
Given names
Nationality
Rank or rating
Date of place of birth
Nature and number of identity document
Port and date of arrival (ETA next port)
Page 127
State the various functions of a bill of lading. What precautions would you
observe while signing bills of lading presented by Time-Charterers?
a)
b)
Answer
(a)
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 adventure (voyage, the ship and the cargo) in an
emergency.
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Page 128
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Page 130
JULY 2013
Page 131
Answer
PLEASE REFER TO PREVIOUS ANSWER Q. 1 of January 2012 AND AS PER
SPECIFIC DISCUSSIONS AND NOTES IN CLASS.
Q.2
Answer
(a)
A periodical load line survey is normally conducted at intervals specified by the
Administration, but not exceeding five years, which shall be such as to ensure that the
structure, equipment, arrangements, material and scantlings fully comply with the
requirements of the ILL Convention. A periodical inspection within three months either way
of each annual anniversary date of the certificate, to ensure that alterations have not been
made to the hull or superstructures which would affect the calculations determining the
position of the load line and so as to ensure the maintenance in an effective condition of
fittings and appliances for:
protection of openings;
guard rails;
freeing ports; and
means of access to crew's quarters.
(b)
SPECIFICALLY AS PER DISCUSSIONS AND NOTES GIVEN IN CLASS
Q.3
Page 132
a)
With regard to Special Trade Passenger ships, explain Special Trade
Passenger, Special Trade Passenger Ships, Certificate A and Certificate B.
b)
Explain the purpose of FAL Convention.
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (b) of January 2012.
(b)
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (a) of January 2012.
Q.5
Answer
(a)
SPECIFICALLY DONE
ACCORDINGLY
IN
VARIOUS
QUESTIONS
PLEASE
REFER
IN
VARIOUS
QUESTIONS
PLEASE
REFER
(b)
SPECIFICALLY DONE
ACCORDINGLY
Q.6 Distinguish between a Note of Protest and a Letter of Protest. Discuss the
circumstances when it is advisable for a ship-master to note protest. Explain the
meaning of reserving the right to extend a protest?
In maritime law, a Notes of Protest is a notarized statement obtained after a ship enters port
after a rough voyage. Its purpose is to protect the ship's charterer or owner from liability for
damage to the cargo, the ship or to other ships in a collision, where this was caused by the
perils of the sea (for example, bad weather).
Notes of Protest should be made when and if you consider it of utmost importance and
necessity, not for the sake of doing so. If for example there is a possibility of a claim from
another party to arise. If you suspect that damage has been caused to the vessel only (i.e.
through heavy weather, touching bottom, striking locks etc.) there is no need for a Note of
Protest to be issued same could be stated on a Statement of Facts. When writing such a
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Page 133
For example, when during cargo operation something beyond the masters control has gone
wrong and the master is unable to make it right, like interruption from shore side of loading
or discharging operation, neglect cargo handling, violation of safe working practice, etc.
Obviously, the said act or occurrence should be of such importance that master feels himself
obliged to bring it to attention of all parties concerned, either for some immediate action or
for future reference, but it still lacks of any legal effect being a document produced by one
side to defence its own position.
Q.7 a) State the criteria for fixing the reward as per article 13 of Salvage Convention.
b) State the provisions of the Merchant Shipping Act, 1958 with respect to deserters
and distressed seaman.
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
Desertion and absence without leave
No seaman lawfully engaged and no apprentice:
shall desert his ship; or
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 134
Hague Visby Rules 1968 establishes the responsibilities and liabilities attached to
carrier. Discuss the various aspects of the following provisions of HVR 1968.
a) Article II Risks
b) Article IV Responsibilities and liabilities
Answer
(a)
Risks
Subject to the required provisions, under every contract of carriage of goods by water the
carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge
of such goods, shall be subject to the responsibilities and liabilities and entitled to the
rights and immunities. Basically, the protection available for the carrier depends on the
terms of contract of carriage and how these are evidenced in the Bill of Lading.
The Hague Visby Rules apply to the deck cargo when a Bill of Lading:
has no notation on its face with regard to the fact that the cargo is stowed on deck, or
has a notation on its face referring to the fact that the cargo is stowed on deck but in
addition to this contains a clause which provides that Hague Visby Rules apply to the
deck cargo.
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make the holds, refrigerating and cool chambers, and all other parts of the ship in
which goods are carried, fit and safe for their reception, carriage and preservation.
Subject to the requirements, the carrier shall properly and carefully load, handle, stow,
carry, keep, care for and discharge the goods carried.
After receiving the goods into his charge, the carrier, or the master or agent of the carrier,
shall, on demand of the shipper, issue to the shipper a bill of lading showing among other
things:
the leading marks necessary for identification of the goods as the same are
furnished in writing by the shipper before the loading of such goods starts,
provided such marks are stamped or otherwise shown clearly upon the goods if
uncovered, or on the cases or coverings in which such goods are contained, in such
a manner as should ordinarily remain legible until the end of the voyage;
either the number of packages or pieces, or the quantity, or weight, as the case may
be, as furnished in writing by the shipper;
After the goods are loaded the bill of lading to be issued by the carrier, master or agent of
the carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading,
provided that if the shipper shall have previously taken up any document of title to such
goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at
the option of the carrier such document of title may be noted at the port of shipment by the
carrier, master, or agent with the name or names of the ship or ships upon which the goods
have been shipped and the date or dates of shipment, and when so noted the same shall for
the purpose of this Article be deemed to constitute a "shipped" bill of lading.
Q.9
a)
i)
b)
Answer
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 137
land
This insurance covers loss of or damage to the subject-matter insured caused by:
Accidents in loading discharging or shifting cargo or fuel.
Bursting of boilers breakage of shafts or any latent defect in the machinery or hull.
(ii)
Utmost Good Faith
DONE ELSEWHERE TO REFER ACCORDINGLY
(iii)
Contribution
TO DO
(b)
DONE ELSEWHERE TO REFER ACCORDINGLY
Page 138
AUGUST 2013
Page 139
Answer
(a)
ANSWER FOR INNOCENT PASSAGE FROM PREVIOUS ANSWERS (AFTER
DRAWING THE DIAGRAM DONE IN CLASS
Transit passage is a concept of the Law of the Sea which allows a vessel the freedom of
navigation solely for the purpose of continuous and expeditious transit of a strait between one
part of the high seas or exclusive economic zone and another.
Transit passage exists throughout the entire strait and not just the area overlapped by the
territorial sea of the coastal nations. The ships of all nations, enjoy the right of unimpeded
transit passage in such straits and their approaches. The legal regime of transit passage exists
in the most important straits for the international trade exchange and security (Strait of
Gibraltar, Dover Strait, Strait of Hormuz, Bab-el-Mandeb, and Strait of Malacca).
(b)
UNCLOS Article 101 Piracy is defined as any illegal acts of violence or detention, or any act
of damage, committed for private ends by the crew of a private ship (the second ship) and
directed (i) on the high seas against another ship or against persons or property on board;
(ii) Against a ship, persons or property in a place outside the jurisdiction of any State.
Q.2 a) What are the records that a ship should maintain for complying with the
requirement of the ISPS Code and for what period?
b) Write short notes on Ballast Water Management Convention.
Answer
(a)
Records of the following activities addressed in the ship security plan shall be kept on board
for at least the minimum period specified by the Administration (it is sent back to the Flag
State and therefore CANNOT be destroyed on board. Even the destruction of records has
FIRST TO BE APPROVED BY THE FLAG STATE), bearing in mind the following
provisions:
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Answer
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (b) of May 2012.
Q.4 a) Define Gross Tonnage, Net Tonnage and Excluded spaces as per International
Convention on Tonnage Measurement of ships, 1969 as amended.
b) Explain the provisions of Special Trade Passenger Ships Agreement.
Answer
(a)
The term derives from the taxation paid on tuns or casks of wine, and was later used in
reference to the weight of a ship's cargo; however, in modern maritime usage, "tonnage"
specifically refers to a calculation of the volume or cargo volume of a ship. Tonnage should
not be confused with Displacement which refers to the loaded or empty weight of the vessel
itself.
Gross tonnage is a dimensionless index related to a ship's overall internal volume. Gross
tonnage is different from gross register tonnage. Neither gross tonnage nor gross register
tonnage is a measure of the ship's displacement (mass) and should not be confused with terms
such as deadweight tonnage or displacement.
Page 141
Once V and K are known, gross tonnage is calculated using the formula, whereby GT is a
function of V:
Net tonnage is a dimensionless index calculated from the total moulded volume of the ship's
cargo spaces by using a mathematical formula.
Calculation of Net Tonnage
Choice of draft value
The net tonnage calculation is based on a number of factors, one of which is the moulded
draft d. The choice of the value to use for d can be complicated. For ships subject to the
International Convention on Load Lines, the Summer Load Line draft is used, with the
exception of cases where that is a timber load line. For passenger ships, the draft used is the
deepest subdivision load line assigned in accordance with the International Convention for
the Safety of Life at Sea. Otherwise, if a ship has been assigned a load line by its national
government, the draft for that summer load line is used.
12 or fewer passengers
The Net tonnage calculation is defined in Regulation 4 of Annex 1 of The International
Convention on Tonnage Measurement of Ships, 1969. It is based on two main variables:
Vc, the total volume of the ship's cargo spaces in cubic meters (m),
d, the ship's moulded draft amidships in meters, and
D, the ship's moulded depth amidships in metres.
The first step in calculating NT is to find the value known as K2, a multiplier based on Vc. It is
obtained by using the following formula:
Page 142
And then these three values are used to calculate NT using this formula:
Where the factor 4d2/3D will not exceed 1, the term Vc K2 4d2/3D will not be less than
0.25 GT, and the final value of NT shall not be taken as less than 0.30 GT.
13 or more passengers
When calculating NT for ships certified to carry 13 or more passengers, an additional term is
used in the NT formula. It is based on three additional variables:
GT, the ship's gross tonnage,
N1, number of passengers in cabins with not more than 8 berths, and
N2, number of other passengers.
First, a multiplier K3, based on the ship's gross tonnage is found,
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Page 144
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (c) of May 2012.
(b)
Accommodation
The minimum headroom in all seafarer accommodation shall be at least 203
centimetres. The Administration may grant a substantial equivalent providing for a
reduction in head-room in any space, or part of any space, in such accommodation
where it is satisfied that such reduction is reasonable and will not result in discomfort
to the seafarers.
Sleeping rooms shall be located above the load-line.
Proper lighting and sufficient drainage shall be provided.
The accommodation shall be adequately insulated.
Each seafarer in a sleeping room shall be provided with a clothes locker of minimum
475 litres volume and a drawer or equivalent of not less than 56 litres capacity.
Combined units may be permitted but shall have a minimum volume of 500 litres. All
lockers shall be fitted with a shelf and be able to be locked.
Each sleeping room shall be provided with a table or desk, which may be of the fixed,
drop-leaf or slide-out type, and with comfortable seating accommodation as
necessary.
Ships shall be equipped with air conditioning for the seafarer accommodation, for any
separate radio room and for any centralised machinery control room. The
Administration may grant an exception to ships engaged in a trade where temperate
climatic conditions do not require this.
Ships shall be equipped with an adequate system of heating which shall be in
operation at all times when required.
(b)
Recreational facilities
Furnishings for recreational facilities should as a minimum include a book case and
facilities for reading, writing and where practicable, games and a canteen or other
equivalent arrangements.
Each ship owner should in addition to the above give consideration to include the
following facilities at no cost to the seafarer, where practicable: a smoking room and
sports equipment such as exercise equipment, table games and deck games.
Page 145
Answer
(a)
After a collision, the master of each of the vessels in collision is bound, so far as he
can do so without serious danger to his vessel, her crew and her passengers, to render
assistance to the other vessel, her crew and her passengers.
He is likewise bound so far as possible to make known to the other vessel the name of
his vessel and the port to which she belongs, and also the names of the ports from
which she comes and to which she is bound.
A breach of the above provisions does not of itself impose any liability on the owner
of a vessel.
(b)
These Rules apply to the ships entering, berthing and exiting from the defined waters of port
in India at all times covered by, and are subject to, international, national and local Rules with
respect to carriage and handling of cargoes. The documents to be produced include:
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 146
Vessel details;
Classification status of the vessel;
Statutory certificates and their validity including annual endorsements;
Crew list and Safe Manning Certificates;
Certificates of competency of Master and officers;
International Safety Management certificates;
ISPS compliance certificates;
Port State Control / Flag State Inspection report; and
Sanitation Control certificate.
Every vessel desirous of entering port limits shall communicate to Harbour Master / Port
control with all available means at intervals not exceeding 72 hours and 24 hours prior to
arrival. The communication shall include but not limited to the Estimated Time of Arrival,
vessel particulars including last ports of call, health questions for free pratique as per
International Code of Signals, cargo details, name of consignee and consignor and name of
ships local agent responsible for port dues, indemnity for damage / wreck removal and
Government levy as applicable.
Q.7
a)
b)
Answer
(a)
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 progress 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:
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Page 148
Page 149
Answer
(a)
Jettison of cargo
No jettison of cargo shall be made good as general average, unless such cargo is
carried in accordance with the recognised custom of the trade.
(b)
Wages and maintenance of crew and other expenses bearing up
Wages and maintenance of master, officers and crew reasonably incurred and fuel and
stores consumed during the prolongation of the voyage occasioned by a ship entering
a port shall be admitted as general average when the expenses of entering such port
are allowable in general average.
When a ship shall have entered as consequence of accident, sacrifice or other extraordinary circumstances which render that necessary for the common safety, or to
enable damage to the ship caused by sacrifice or accident to be repaired, if the repairs
were necessary for the safe prosecution of the voyage, the wages and maintenance of
the master, officers and crew reasonably incurred during the extra period of detention
in such port until the ship shall or should have been made ready to proceed upon her
voyage, shall be admitted in general average.
Fuel and stores consumed during the extra period of detention shall be admitted as
general average.
Page 150
NOVEMBER 2013
Page 151
Describe the duties and responsibilities of coastal state when a foreign flag vessel
breaches the laws related to territorial sea, contiguous zone and archipelagic
waters as per UNCLOS.
The coastal State may adopt laws and regulations, in conformity with the provisions of this
Convention and other rules of international law, relating to innocent passage through the
territorial sea, in respect of all or any of the following:
the safety of navigation and the regulation of maritime traffic;
the protection of navigational aids and facilities and other facilities or installations;
the protection of cables and pipelines;
the conservation of the living resources of the sea;
the prevention of infringement of the fisheries laws and regulations of the coastal
State;
the preservation of the environment of the coastal State and the prevention, reduction
and control of pollution thereof;
marine scientific research and hydrographic surveys;
the prevention of infringement of the customs, fiscal, immigration or sanitary laws
and regulations of the coastal State.
Foreign ships exercising the right of innocent passage through the territorial sea shall comply
with all such laws and regulations and all generally accepted international regulations relating
to the prevention of collisions at sea.
The coastal State shall not hamper the innocent passage of foreign ships through the
territorial sea except in accordance with this Convention. In particular, in the application of
this Convention or of any laws or regulations adopted in conformity with this Convention, the
coastal State shall not:
impose requirements on foreign ships which have the practical effect of denying or
impairing the right of innocent passage; or
discriminate in form or in fact against the ships of any State or against ships carrying
cargoes to, from or on behalf of any State.
The coastal State may take the necessary steps in its territorial sea to prevent passage which is
not innocent. In the case of ships proceeding to internal waters or a call at a port facility
outside internal waters, the coastal State also has the right to take the necessary steps to
prevent any breach of the conditions to which admission of those ships to internal waters or
such a call is subject.
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a statement of the amount of money and a detailed description of the other effects;
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.
The said money, balance of wages and other effects are in this Act referred to as the
property of the seaman or apprentice.
(d)
Entries required to be made in official log books
The master of a ship for which an official log is required shall enter or cause to be entered in
the official log book the following matters, namely:
every conviction by a legal tribunal of a member of his crew and the punishment
inflicted;
every offence committed by a member of his crew for which it is intended to
prosecute or to enforce a forfeiture or exact a fine, together with such statement
concerning the reading over of that entry and concerning the reply (if any) made to
the charge as is by this Act required;
every offence for which punishment is inflicted on board and the punishment
inflicted;
a report on the quality of work of each member of his crew, or a statement that the
master declines to give an opinion thereon with statement of his reasons for so
declining;
every case of illness, hurt or injury happening to a member of the crew with the nature
thereof and the medical treatment adopted (if any);
every case of death happening on board and the cause thereof, together with such
particulars as may be prescribed;
every birth happening on board, with the sex of the infant, the names of the parents
and such other particulars as may be prescribed;
every marriage taking place on board with the names and ages of the parties;
the name of every seaman or apprentice who ceases to be a member of the crew
otherwise than by death, with the place, time, manner and cause thereof;
the money or other property taken over of any seaman or apprentice who dies during
the voyage;
any other matter which is to be or may be prescribed for entry in the official log.
Page 154
a)
b)
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
Ballast-water exchange at sea is not considered an ideal method of ballast-water
management, and considerable efforts are being made to develop treatment methods. These
methods must be in accordance with Standard D-2 of the IMOs Ballast Water Management
Convention. Standard D2 specifies that treated and discharged ballast water must have:
fewer than ten viable organisms greater than or equal to 50 micrometers in minimum
dimension per cubic metre
fewer than ten viable organisms less than 50 micrometres in minimum dimension and
greater than or equal to 10 micrometers in minimum dimension per millilitre
In addition, Standard D2 specifies that your discharge of the indicator microbes shall not
exceed specified concentrations as follows:
toxicogenic vibrio cholerae (O1 and O139) with less than one colony-forming unit
(cfu) per 100 millilitres or less than 1 cfu per 1 gram (wet weight) zooplankton
samples
These are the indicator microbes, as a human health standard, but they are not limited to these
types.
Options being considered for ballast-water treatment include:
chemical treatment
Q.4
Page 155
Page 156
Page 157
Page 158
From the doctrine of indemnity two rules are derived. The first is that where the insurer
settles for a total loss the assured must abandon what is left of the thing insured to the
underwriter. The other rule is expressed in the doctrine of subrogation. Under this
doctrine, if the loss or damage is occasioned through the negligence or other unlawful
act of a third party, so that the assured can claim damages, or if the assured has a
contractual right to compensation, then the Insurer IS entitled to take over such rights
on settling the loss.
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Page 160
a)
b)
i)
ii)
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (b) of January 2012.
(b)
TO DO
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JANUARY 2014
Page 162
Page 163
Page 164
Page 165
Page 166
Q.4
Answer
DONE ELSEWHERE TO REFER ACCORDINGLY
Q.5
Answer
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (c) of May 2012.
Q.6 a) Write a note on Maritime Declaration of Health.
b) State the provisions of MSA 1958 regarding seaworthiness of ship and general
offences against discipline.
Answer
(a)
A Maritime Declaration of Health is the form used to provide information about the health
conditions on board during the voyage and the health status of passengers and crew. It covers:
This information ensures compliance with the International Health Regulations 2005.
A Maritime Declaration of Health must be completed by the Master of the vessel. It should be
delivered to the Medical Officer of Health or a health protection officer. In practice,
Page 167
Trace the historical importance of LLMC 1976 Convention. Explain briefly the
contents of LLMC 1976 Convention.
Answer
The International Maritime Organization (IMO) first set limits on maritime accident liability
in 1957 with the Convention Relating to the Limitation of the Liability of Owners of
Seagoing Ships.
In 1976, the Convention on Limitation of Liability for Maritime Claims (LLMC) came into
force with much higher liability limits. In some cases the amounts were two or three times the
amounts specified in the earlier convention.
Environmental standards had improved or been implemented for the first time in some
regions during these years. The growing public knowledge of pollution and its impact on the
environment mirrored sentiments around the world. Also, medical treatments of potential
victims were also becoming more elaborate and expensive at this time and contributed to the
potential exposure of ship owners. The cost controls put in place try and balance personal
protections with the responsibilities of a ship owner. With ongoing unlimited risk much of the
financing for new ships would be unavailable except as a high risk product. This gave birth to
the LLMC, 1976.
Loss of Life or Injury
Loss of life and personal injury is one of two types of claims made under the LLMC. The
1976 Convention set the maximum liability for ships 500 gross tons and under at 333,000
SDR. Special Drawing Rights, or SDR, is a type of financial instrument used by the
International Monetary Fund. In the 2004 version of the LLMC the maximum liability for
loss of life or injury was raised to 2 million SDR. At the same time larger ships were also
included when the maximum gross tonnage was raised to 2000 tons.
Larger ships were subject to the following amounts before June 8, 2015:
For each ton from 2,001 to 30,000 tons, 800 SDR
For each ton from 30,001 to 70,000 tons, 600 SDR
For each ton in excess of 70,000, 400 SDR
New limits after June 8, 2015:
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Q.8
A charter party is a document of contract by which a ship-owner agrees to lease, and the
charterer agrees to hire, a vessel or all the cargo space, or a part of it, on terms and conditions
forth in the charter party. If permitted to do so by the terms of charter party, they may enter
into subcontracts with other shippers.
Time Charter Party and Voyage Charter Party
Voyage Charter Part - This is a charter party for the carriage of a full cargo, not for a period
of time, but at a stipulated rate per ton, for one voyage only, between named ports to be
named on arrival in a given area. It is a frequently used charter party of which there are many
varieties, and most commodities and trades have a particular type to suit their purposes.
In a voyage charter party the charterer assumes no responsibility for the operation of the
vessel but generally pays stevedoring expenses in and out. A statement to that effect will be
included in the charter party. The master is particularly concerned with voyage charter parties
because of the lay-time, dispatch and demurrage clauses and the necessity of tendering the
Notice of Readiness to load or discharge. In this type of charter the charterer contracts to
provide a cargo at given rate per day. The charter is generally for bulk cargo, stipulated in
tons or cubic feet, for all or part of the carrying capacity of the vessel.
A time charter party is a contract whereby the lesser places a fully equipped and manned ship
at the disposal of the lessee for a period of time for a consideration called hire. The lesser
may be the ship owner or demise charterer and the time charterer will be the lessee. The hire
is payable at specified intervals during the term of the charter. On the other hand, a time
charter for a trip is a time charter for a particular voyage or voyages. In such a case, the
lesser places the fully equipped and manned ship with the lessee till the completion of the
voyage. In such charter, hire is paid at periodic intervals.
Page 170
Answer
DONE ELSEWHERE TO REFER ACCORDINGLY
Page 171
MAY 2014 1
Page 172
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
PART I - Machinery Space Operations
(A) Ballasting or Cleaning of Oil Fuel Tanks
(B) Discharge of Dirty Ballast or Cleaning Water from Oil Fuel Tanks Referred to Under
Section (A)
(C) Collection, Transfer and Disposal of Oil Residues (Sludge and Other Oil Residues)
NOTES: Only those tanks listed in Forms A and B of the Supplement to the IOPP Certificate
used for oil residues (sludge). The ships master should obtain from the operator of the
reception facilities, which includes barges and tank trucks, a receipt or certificate detailing the
quantity of tank washings, dirty ballast, residues or oily mixtures transferred, together with
the time and date of the transfer. This receipt or certificate, if attached to the Oil Record Book
Part I, may aid the master of the ship in proving that the ship was not involved in an alleged
pollution incident. The receipt or certificate should be kept together with the Oil Record Book
Part I.
(D) Non-Automatic Starting of Discharge Overboard, Transfer or Disposal Otherwise of
Bilge Water which has accumulated in Machinery Spaces
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Page 174
OIL
POLLUTION
PREVENTION
d) NOR
Answer
(a)
General concept of the time charter is that the owners let and the time charterers hire the use
and services of the vessel for the carriage of specified cargo in bulk and/or lawful
merchandise in consideration of punctual advanced payment of hire during contracted period
of time. Therefore, unless expressly stated otherwise, the charterers primary obligation is to
pay hire continuously until redelivery or unless he can bring himself within the exceptions.
For off-hire event to start it is necessary that service of the vessel must be interrupted by one
of the causes mentioned in the governing off-hire provision. The charterer bear the burden of
proof to show that the ship owner has been unable to perform the services required of it by
the charterer.
(b)
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 175
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Page 178
The salver shall owe a duty to the owner of the vessel or other property in danger:
to carry out the salvage operations with due care;
in performing the duty specified in subparagraph (a), to exercise due care to
prevent or minimize damage to the environment;
whenever circumstances reasonably require, to seek assistance from other
salvers; and
to accept the intervention of other salvers when reasonably requested to do so by
the owner or master of the vessel or other property in danger; provided however
that the amount of his reward shall not be prejudiced should it be found that such
a request was unreasonable.
Responsibilities of the owner and master
The owner and master of the vessel or the owner of other property in danger shall owe a duty
to the salver:
to co-operate fully with him during the course of the salvage operations;
in so doing, to exercise due care to prevent or minimize damage to the environment;
and
when the vessel or other property has been brought to a place of safety, to accept
redelivery when reasonably requested by the salver to do so.
(b)
Contractors basic obligation
The Contractors, as identified, hereby agree to use their best endeavours to salve the property
specified and to take the property to the place stated or to such other place as may hereafter
be agreed. If no place is agreed upon and in the absence of any subsequent agreement as to
the place where the property is to be taken the Contractors shall take the property to a place
of safety.
Environmental protection
While performing the salvage services the Contractors shall also use their best endeavours to
prevent or minimise damage to the environment.
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 179
Page 180
Answer
(a)
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 181
MAY 2014 2
Page 182
Describe the different sea areas as per UNCLOS? Explain the rights of a coastal
state in such areas.
Answer
SPECIFICALLY AS DONE IN THE CLASS DIAGRAM AND NOTES
Q.2 a) Enumerate the brief outline of the contents of chapter II, III, and VII of SOLAS
1974 as amended. List the relevant Merchant Shipping Rules applicable for
Indian ships.
b) Briefly explain the aim and objectives of the ITU Radio regulations.
Answer
(a)
Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships into watertight compartments must be such that after
assumed damage to the ship's hull the vessel will remain afloat and stable. Requirements for
watertight integrity and bilge pumping arrangements for passenger ships are also laid down
as well as stability requirements for both passenger and cargo ships.
The degree of subdivision - measured by the maximum permissible distance between two
adjacent bulkheads - varies with ship's length and the service in which it is engaged. The
highest degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to ensure that
services which are essential for the safety of the ship, passengers and crew are maintained
under various emergency conditions. The steering gear requirements of this Chapter are
particularly important.
Chapter II-2 - Fire protection, fire detection and fire extinction
This includes detailed fire safety provisions for all ships and specific measures for passenger
ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical zones by
thermal and structural boundaries; separation of accommodation spaces from the remainder
of the ship by thermal and structural boundaries; restricted use of combustible materials;
detection of any fire in the zone of origin; containment and extinction of any fire in the space
of origin; protection of the means of escape or of access for fire-fighting purposes; ready
availability of fire-extinguishing appliances; minimization of the possibility of ignition of
flammable cargo vapour.
Page 183
Answer
(a)
The purpose of the VOC management plan is to ensure that the operation of a tanker, to
which regulation 15 of MARPOL Annex VI applies, prevents or minimizes VOC emissions
to the extent possible.
Page 184
Section
Introduction
II
Objectives
III
Additional Considerations
SECTION 1
1.1
Tank arrangements
1.2
Design Particulars
SECTION 2
2.1
2.2
SECTION 3
3.1
Background
3.2
3.3
SECTION 4
4.1
4.2
SECTION 5
SECTION 6
Training programme
SECTION 7
Designated person
SECTION 8
Page
(b)
Notification procedures for loading/unloading harmful substances as per MARPOL Annex II
Prepared and compiled by Capt. Saujanya Sinha; MSc, MNI
Page 185
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
3 HNS Hazardous and Noxious Substances
Page 186
Answer
(a)
PLEASE REFER TO PREVIOUS ANSWER Q. 4 (a) of January 2012.
(b)
DONE ELSEWHERE TO REFER ACCORDINGLY
(c)
DONE ELSEWHERE TO REFER ACCORDINGLY
Q.7 Discuss what action you would take from insurance point of view, if:
a) After commencing discharge cargo-damage noticed.
b) Vessel has suffered hull damage, due to bad weather.
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY LETTER OF PROTEST
Page 187
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
DONE ELSEWHERE TO REFER ACCORDINGLY
(c)
DONE ELSEWHERE TO REFER ACCORDINGLY
Q.9 a) What precautions are to be exercised by master of the vessel or carriers agent
prior signing Bill of Lading?
(b) What is Special Compensation P & I Club Clause (SCOPIC) under Article 14 of
International Salvage Convention 1969? Discuss its essential features.
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
DONE ELSEWHERE TO REFER ACCORDINGLY
Page 188
JULY 2014
Page 189
Page 190
List important amendments of last three years to SOLAS, 1974 giving brief
description in respect of the areas to which amendments apply.
Answer
SOLAS Amendments Enter Into Force 1st July 2014
New requirements under the International Convention for the Safety of Life at Sea (SOLAS)
to require all ships to have plans and procedures to recover persons from the water are among
a set of SOLAS amendments entered into force on 1 July 2014.
1. Recovery of persons from the water
The SOLAS amendments, adopted in 2012, were developed as part of the International
Maritime Organization (IMO)s work on large passenger ship safety and are aimed at
ensuring all ships have the capability to effectively serve as a rescue asset and have the right
equipment to be able to rescue persons from the water and from survival craft, in the event of
an incident.
This new requirement is intended to enhance safety at sea and also to provide support to
search and rescue coordinators in all types of rescue operations and, particularly, in those
situations where there is insufficient dedicated search and rescue capacity or access to
helicopters and specialized rescue craft is limited.
Page 191
Page 192
Page 193
Answer
(a)
After understanding the answer on CLC and Fund Conventions, done earlier, youd
appreciate the importance of the mandatory requirement of compulsory insurance. Therefore,
frame the answer around that to conclude that the tanker will NOT be able to trade in the
absence of a valid CLC Certificate because no country will accept the tanker since, in the
absence of the CLC Certificate, the tanker is a threat to the countrys territory because in case
of an oil pollution incident, there is no guarantee of payment for damages by the tanker
owner.
(b)
DONE ELSEWHERE TO REFER ACCORDINGLY
Page 194
Explain salient features of a) London Dumping Convention and its protocol and
b) Intervention Convention and its protocol.
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (b) of January 2012.
Q.7
Answer
PLEASE REFER TO PREVIOUS ANSWER Q. 3 (a) of July 2012.
Q.8
Answer
(a)
DONE ELSEWHERE TO REFER ACCORDINGLY
(b)
BOTH TO BLAME COLLIUSION CLAUSE TO DO
(c)
DONE ELSEWHERE TO REFER ACCORDINGLY
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