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CONTENTS
Party State:
A country ( represented by its administration or government ) which has
rectified or accepted an IMO instrument is called Party state. Not all IMO member
states are party states to all instruments.
Tacit Acceptance:
Entry into force of the amendments within a specified time unless objections
are received by IMO from a specified number of states is named as Tacit
acceptance.
Tacit Acceptance cannot be used for amending SOLAS & LOADLINE. But
MARPOL can be amended by Tacit Acceptance.
Explicit Acceptance:
When the proposed documents are accepted by a specified number of states
with a specified percentage of world gross tonnage ( e.g. 15 states with 65% of
world shipping ) is called explicit acceptance. ( 100 or more GT ).
Ratify :
Ratify is a system to make a treaty document officially valid by voting for or
signing it by a specific number of IMO member states.
This is a system for implementing the instruments as per own way of the state.
Accede :
After IMO instruments entry into force, when a member state wishing to
approve, accept and implement the instruments is called accede.
Accept :
When the member states agree with the amendments or the proposed
documents is called accept.
Code :
Code is a process for achieving the objectives of a certain convention, which
is added to the main convention at later time.
e.g. ISPS code added to SOLAS convention afterwards.
What is IMO :
The International Maritime Organization is a specialized agency of the
United Nations dealing with maritime affairs.
IMO Headquarter :
It is in LONDON.
Members of IMO :
It has 169 member states including UK & 02 associated
Member states.
IMO Conventions :
It has 58 Conventions.
Purposes of IMO :
i) To ensure Safety & Security of Life & Property at sea.
ii) To ensure protection of Marine Environment.
Organs of IMO :
a) Assembly.
b) Council.
c) MSC ( Maritime Safety Committee ).
d) MEPC ( Maritime Environment Protection Committee ).
e) Legal Committee.
f) Technical Co-operation Committee.
Assembly :
It is the highest governing body of IMO which consists of all member
states and meets once every year in regular sessions & in extraordinary
sessions if necessary.
Council :
It is the executive organ of IMO, composed of IMO member states
elected by the assembly for 02 years term beginning after each regular
session including those with the largest shipping interests. e.g. Panama.
IMO Secretariat :
It consists of Secretary General and nearly 300 personnel, based at
IMOs London Headquarter.
Conventions :
Conventions are multinational agreement among the IMO member
states which lay down procedure, plan, regulation etc. in order to achieve the
IMO objectives. In short these are multilateral treaty documents.
Protocols :
Protocols are treaty instruments which make major modification to a
convention which has been adopted but not yet in force. The protocol speeds
up the conventions entry into force.
Amendments :
Modification, correction & addition may be made to conventions,
protocols or their annexes after discussion, agreement & adaptation by the
assembly which comes in force is called amendments. Amendments are
promulgated by the marine committees ( including the MSC or MEPC ) by
means of circulars. e.g. MSC/Circ 666: Loading & unloading of bulk
cargoes.
Recommendations :
Recommendations are not formal treaty documents like Conventions &
Protocols and are not subject to ratification. Recommendations are non-
mandatory IMO instruments providing more specific guidelines than
conventions or protocol in framing national regulations & requirements.
Some IMO Recommendations are in form of Codes or Guidelines. They
must be agreed at IMO by adoption of a resolution but are not subject to
ratification.
Resolutions :
Resolution is the final document resulting from the agreement by the
IMO assembly or a main committee ( e.g. MSC or MEPC ) of some matter
such as an amendment or recommendation.
MARPOL Annexes :
73/78
ANNEX VI
5) New residual quantity set for ship constructed on or after 01 st January 2007.
Maximum permitted residual in tank & pipe after discharge max. 75 liters for
category x, y, z.
6) New amendments came for IBC code for 01st January 2007.
7) 01st August 2007 Entry into force ---
March 2006 amendments to MARPOL Oil Fuel Tank Protection.
th
8) 14 June Entry into force ---
Protocol on Preparedness, Response and Co-operation to pollution
incidents by Hazardous and Noxious Substances 2000
MARPOL Certificates :
1) International Oil Pollution Prevention certificate.
2) International Air Pollution Prevention certificate.
3) International Oil Pollution Prevention certificate for the carriage of
Noxious Liquid substances in Bulk.
4) International Sewage Pollution Prevention certificate.
5) Additional certificate for offshore supply vessels.
6) Oil record book.
1) Garbage record book.
7) Garbage management plan.
8) SOPEP / SMPEP.
9) Certificate of Fitness for the transportation and handling of limited
amounts of hazardous substances in Bulk.
10) Enhance Survey Report file.
11) Exemption certificate ( where any exemption is granted ).
Special area under Annex I added Oman Sea area of the Arabian Sea from 01 st
January 2007. New Special area under Annex I:
i) Mediterranean Sea Area.
ii) Baltic Sea Area.
iii) Black Sea Area.
iv) Red Sea Area.
v) Gulf area.
vi) Gulf of Aden.
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Appendix : Certificates
Construction Fire FTP Code (International Code for 1st July 2002
II- Protection, Fire Application of Fire Test Procedures)
2 Detection & Fire FSS Code (International Code for 1st July 2002
Extinction Fire Safety System)
III Life saving appliances & LSA Code ( International Life Mandatory
arrangements Saving Appliances Code )
V Safety of Navigation International Code of Signals 1st July 2002
VI Carriage of Cargoes BC Code ( Code of safe practice for Non - Mandatory
solid Bulk Cargoes )
CSS Code ( Code of safe practice
for Cargo Stowage and Securing )
International Grain Code Mandatory
( International Code for the Safe
carriage of Grain in Bulk )
TDC Code (Code of safe practice Non - Mandatory
for ships carrying Timber Deck
Cargoes)
b) For Life boat emergency training & drills, during weakly & monthly
inspection, there is no require the assigned crew to be boarded.
3) Under Chapter XII : Additional safety measures for the Bulk
carriers: ---
Came into force from 01st July 2006.
a) Double side skin construction will be applied to new Bulk carriers of
150 meters in length or more and carry solid bulk cargoes having a
density of 1000 kg / m3 and above.
b) Regulation 31 of SOLAS ch III, makes mandatory for the Bulk
carriers to carry Free fall Life boats onboard.
SOLAS Certificates :
1) Cargo ship Safety Construction certificate.
2) Cargo ship Safety Radio certificate.
3) Cargo ship Safety Equipment certificate.
4) Cargo ship Safety certificate.
5) Passenger ship Safety certificate.
6) Minimum Safe Manning certificate.
7) Exemption certificate ( if any ).
8) Intact Stability booklet.
9) DOC with the special requirements for ship carrying Dangerous goods.
10) DOC for ISM, SMC.
11) Document of Authorization for the carriage of Grain.
12) ISPS certificate.
13) Supplement of CSEC ( required by Tankers 10 years old or more after
intermediate survey ).
14) Supplement of CSSCC ( required by Tankers 10 years old or more after
intermediate survey ).
Simulators are mandatory for training in the use of RADAR and ARPA.
The VQ (Vocational Qualification) system of education is also given
recognition.
STCW Code
S/ ENTRY INTO
CONVENTION BANGLADESH
N FORCE
21.05.76
01 IMO Convention 1948 17th March 1958
Acceded
02 IMO Convention Amendments 1991
03 IMO Convention Amendments 1993 1993 Acceded
The International Convention for the Safety Of Life 06.02.198
04 25th May 1980
At Sea 1974 (SOLAS 1974) 2Acceded
05 The 1988 Protocol of SOLAS 1974
International Convention on Load Lines 1966 10.08.197
06 21st July 1968
( LL 1966 ) 8 Acceded
07 The 1988 Protocol of Load Lines Convention 1966
08 International Convention on Tonnage measurement of 18th July 1982 18.07.198
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Maritime Codes :
The following are the Maritime codes : ---
1) BC Code ( Code of safe practice for solid Bulk Cargoes ).
2) BCH Code ( Code for the Construction and Equipment of
Ships carrying Dangerous Chemicals in Bulk ).
3) BLU Code ( Code of safe practice for the safe loading
and unloading of Bulk carriers ).
4) Code of Safety for Diving system.
5) Code of Safety for Nuclear Merchant Ships.
6) CSS Code ( Code of safe practice for Cargo Stowage and
Securing ).
7) DSC Code ( Code of Safety for Dynamically supported
crafts ).
8) International Code of Signals.
ILO Conventions :
ILO conventions concerned with in relation to seafarers health,
safety and welfare matters mostly.
ILO Members :
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ILO Purpose :
ILOs main purpose is to raise world labour standards by building
up a code of international law and practice.
Headquarter :
Its Headquarter is in Geneva, Switzerland.
Territorial Sea :
12 nm from the baseline is the Territorial Sea for that nation.
Contiguous Zone :
24 nm from the baseline is the Contiguous Zone for that nation.
Innocent Passage :
Innocent passage means passage through the coastal state without
interfering their Security, Customs, Other rules and regulations of that
country.
Base line :
Base line is the low water line around the coasts including the coast
of the island.
Internal Waters :
Waters enclosed on the landward side of the base line are internal
waters over which the coastal state has complete sovereignty.
Archipelagic States :
UNCLOS describes an Archipelagic State as a state constituted
wholly by one or more archipelagic and may include other islands.
Archipelagic Waters :
The water enclosed within Archipelagic State baselines are termed as
Archipelagic Waters.
Continental Shelf :
This is the resource zone but not a security zone. It may extend well
beyond 200 nm from the base line. ( A maximum of 350 nm is specified. )
Fisheries Zone :
Inshore Fisheries Zone ( IFZ ) :
Inshore Fisheries Zone ( IFZ ) extending to 12 nm
from the territorial sea baseline.
Safety Zone :
In the territorial sea, the EEZ and the Coastline shelf, any installation
erected for the exploration or exploitation of resources by the coastal state
may safety zones established, generally to a distance of 500 meters. .
Jurisdiction :
Criminal jurisdiction of the coastal state should not be exercised
onboard foreign ship passing through to arrest any person or conduct any
investigation unless following : ---
iii) UNCLOS provisions relating to Port state, Coastal state and Flag state
control of shipping : ---
Responsibility for enforcement for regulations rests mainly with
flag states but as vessels enter zones closer to the coast, the influence of
Coastal state jurisdiction and ultimately Port state jurisdiction gradually
increases.
Article 94 : Duties of the flag state.
Importance of UNCLOS for the Master & Duty officer : (in other words)
UNCLOS is very important for the Master & Duty officer because of
the following but not limited to: ---
i) UNCLOS sets the maximum width of a states territorial sea at 12
nautical miles with a contiguous zone at 24 nautical miles from the
base line.
ii) It defines innocent passage through the territorial sea & defines
transit passage through international straits.
iii) It defines Archipelagic states & allows for passage through
Archipelagic waters.
iv) It establishes Exclusive Economic Zones ( EEZ ) extending to 200
nm from base line.
v) It defines the Continental shelf & extends jurisdiction over the
resources of the shelf beyond 200 miles where appropriate.
vi) It defines the legal status of the high seas & establishes regulations
for the control of marine pollution.
ISM Objectives :
To ensure safety.
To prevent human injury & loss of life.
To avoid damage to property and the environment in particular the
marine environment.
ISM Purpose :
ISM main purpose is to provide an international standard for the
safety management, operation of ships & pollution prevention.
ISM Apply to :
All passenger ships ( including passenger high speed craft of any
tonnage ) of party states of SOLAS, when on international voyage.
All cargo ships ( including cargo high speed craft ) of 500 GT or
over and mobile offshore drilling units ( MODU ) of 500 GT or
over of party states of SOLAS, when on international voyage.
ENTRY INTO
NAME / CATAGORY
FORCE
Seagoing Passenger Ro-Ro ships ( of any flag or tonnage ) 01st July 1996
carrying more than 12 passengers & operating a regular service
to and from a member state of the EC ( European Community ).
All Passenger ships ( including passenger high speed craft ) 01st July 1993
Oil tankers, Chemical tankers, Gas carriers, Bulk carriers &
high speed cargo ships of 500 GT or over on international
voyages.
Other cargo ships of 500 GT or over on international voyages 01st July 2002
& mobile offshore drilling units ( MODU ) of 500 GT or over
on international voyages.
Company responsibility :
Company responsibility is to ensure adequate resources and shore
based staff to allow the DPA ( Designated Person Ashore ) to perform his /
her duties.
Master responsibility :
Master have the following responsibilities under SMS : ---
1) Implementing the safety and environmental protection policy of
the company.
2) Motivating the crew in the observation of that policy
3) Reviewing the SMS and reporting its deficiencies to the ahore
based management.
Responsibility:
Monitoring the safety & pollution prevention aspects of the
ships operation is the main responsibility of DPA.
Advantage :
1) It can be agreed to by radio.
2) There is no need to haggle over the terms. They are fixed.
3) Any reward is determined by Lloyds arbitrators after the salvage
service.
4) Basically it is No cure, No pay agreement.
5) The salvor gets an interim reward pending final settlement.
6) The salvor can obtain special compensation for preventing or
minimizing harm to the environment.
7) The agreement or arbitration there under is governed by English
Law, including the English Law of Salvage.
Disadvantage :
If salvor is unsuccessful, he gets no compensation for his attempt and
expenditure.
Under Reg. 4 of SOLAS chapter XI, MARPOL Annex I, II, III, V & VI,
LOADLINE66, STCW95, ILO76 and TONNAGE69; PSC can check
operational requirements when there are clear grounds for believing that the
Master or crew are not familiar with essential shipboard procedures relating to the
safety of the ship and prevention of pollution by ship.
Gross Tonnage :
It is the moulded volume of all enclosed spaces in the ship. It is used for
comparing the size of one ship to another. Most safety regulations are based on
this.
Net Tonnage :
It is the moulded volume of entire cargo spaces of the ship, which is
concerned as well as with the number of passengers can be carried, the moulded
depth of the ship & the summer draught.
It is also obtained by deducting spaces occupied by the Accommodation,
E/R & other non-earning areas from Gross tonnage.
It is used as an indication of the ships earning capacity and for assessing
dues and charges.
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Classification Societies :
An International Classification Society has been defined as independent,
non-governmental, non-profit distributing organization which develops & updates
adequate published rules, regulations & standards for the safe design, construction
& periodical maintenance of ships which are capable of trading internationally
and implements these on a world wide basis using its own exclusive staff.
Functions :
Leading societies are involved in ---
1) Setting technical standards for ships.
2) Ensuring that the ship maintains her strength & seaworthiness
throughout his life.
3) Acting as inspector for classification purpose.
4) Acting on behalf of Government to issue statutory certificates.
5) Collecting data on behavior of ships structures.
6) Regularly publishing the survey statuary of classed ships and other
vital information in register books.
7) Damage survey.
8) Freeboard assignment.
9) Inspection of land based engineering project.
10) Research of ships problems.
11) Quality assurance inspections.
12) Risk & reliability analysis.
13) Providing many other services to the industry such as design advice,
bunker fuel & lubricating oil analysis and quantity system
accreditation.
OLB entry :
S/ Witnes
Entry Page By
N s
01 Ship F M N
02 Owner F M N
03 Master F M N
04 OLB opened F M N
05 OLB closed F M N
06 Documents Nar. M* N
07 Not going to assistance Nar. M* C
08 Deceased seamans property Nar. M* C
09 Crew left behind Nar. M*/ PO C
10 Officers misconduct Nar. M* O
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S/
Entry Page By Witness
N
14 Complaints regarding food & water Nar. M/PO/S* C/N
15 Code of conduct breaches Nar. M C
16 Convictions Nar. M C
17 Distress Nar. M C
18 Illness or injuries Nar. M/D C
19 Re- ratings Nar. M C
20 Dep. / Arrival S M* O
21 Births S M* MC
22 Deaths S M*/ D C
23 Provisions & water inspections S PO N
24 Accommodation inspection S M C
25 Pilot hoist tests & inspections S M O
26 Musters held S M C
27 Musters not held S M C
28 Load line & draught details S M N
29 Dep. draught & freeboard S M O
30 Water tight doors ( hulls ) LOG 2 /82 S M O
31 Water tight doors ( bulkheads ) LOG 2 /82 S M O
32 Short handed ( Deck officer ) Nar. M N
33 Short handed ( Engine officer ) Nar. M N
34 Wages Disputes Nar. M/PO/S* C
35 Property of Crew left behind Nar. M C
36 Steering Gear drills, checks & tests S M O
37 Rationing Nar. M C
38 s61 (death) inquiries Nar. M/PO/S* N
NB: Page ---- F- Front page, Nar- Narrative page, S- Special page
Documents :
2) Safe manning document.
3) Document of compliance with the special requirements for ship carrying
Dangerous goods.
4) Dangerous goods manifest or stowage plan ( if carrying dangerous
goods or marine pollutants ).
5) Document of Authorization for the carriage of Grain.
6) Oil record book.
7) Cargo record book.
8) Cargo securing manual.
9) Garbage record book.
10) Garbage management plan.
11) Intact Stability booklet.
12) Official Log Book.
13) Ship security plan.
Certificates :
1) Certificate of Registry.
2) Cargo ship Safety Construction certificate.
3) Cargo ship Safety Equipment certificate.
4) Cargo ship Safety Radio certificate.
5) Certificates for Master, Officers & Ratings.
6) Certificate of Fitness for the carriage of Dangerous chemicals in Bulk
( for Chemical tankers constructed before 01st July 1986 ).
7) International Certificate of Fitness for the carriage of Liquefied gases in
Bulk ( for Gas carriers constructed on or after 01st July 1986 ).
Documents :
1) Safe manning document.
2) Oil record book.
3) Cargo record book.
4) Garbage record book.
5) Intact Stability booklet.
6) Official Log Book.
7) DOC with the special requirements for ship carrying Dangerous goods.
8) Ship security plan.
Approved Port :
An approved port is any country which is party to the International Health
Regulations, after inspection has found no evidence of rats on ship can issue a
Deratting Exemption Certificate.
Part 1, Article 17, International Health Regulations ( IHR ) 1969.
1) Ship owner have to apply on official form to RSS( Registry of Shipping and
Seaman ) in Bangladesh The DG of shipping / POMMD, submitting ---
a) Evidence of Title.
b) Declaration of Eligibility.
c) Companys certificate of Incorporation &
d) Registry fee.
2) Owner has a have measurement survey made by MMD surveyor or their
authorized classification society surveyor.
3) Certificate of survey with Dimensions and Tonnages will be issued and
handed over to RSS.
4) Official number will be issued by RSS.
5) Carving & marking note will be issued by RSS to owner with instructions to
have ship marked with Name, Port of Registry, Draught marks, Official
number, Tonnages & IMO number.
6) Ship has to be carved & marked as required.
7) Surveyor will sign the carving note & return it to the owner.
8) Owner will submit the signed carving note to RSS.
9) RSS will enter all particulars on computerized register.
10) RSS finally will issue the Bangladesh Certificate of Registry ( COR ) to the
owner after confirming that all fees, taxes & VAT have been paid & all
documents are in order.
Second Register :
Second register is a register which in some cases are established under
separate legislation to the parent register and in other cases are established in an
offshore territory with legal links to the parent country.
While manning, taxation & other formalities are often simplified, that is
making the second register more economical flag to fly than the parent countrys
national flag.
1) If possible resolve the problem arising onboard before reaching the formal
dismissal proceeding stage.
2) The concerned crew is first issued with a warning letter by the head of the
department ( Chief Officer in case of Deck & Saloon crew & 2 nd Engineer in
case of Engine crew ).
3) The warning letter is read out to him if necessary in presence of a witness
who may be a fellow crew member preferably the respective boson / AB /
Purser and his signature obtained on a copy of the letter.
4) If the offence is repeated without any reasonable reasons, a court is formed
onboard and the Master makes an entry in the OLB in presence of C/O &
C/E, the concern crew member and a witness on his behalf.
5) Master should always give him the opportunity to ---
a) Admit or deny the allegation.
b) Be accompanied through out the hearing by a friend who advise
him and speak on his behalf.
c) Call any witness he chooses.
d) Question the witness on their evidence &
e) Make any statement he wishes in answer to the alleged breach,
including comments on evidence produced against him.
6) After careful & throughout investigation & having considered all evidence,
Master should orally inform watchman whether or not he committed the
alleged breach.
7) If reasons are found not satisfactory a stem warning or punishment may be
given, which may be noted in the OLB as well.
8) This log entry is read out to the crew member and his signature taken in the
log book, including the signature of the C/O or C/E.
9) If the offence is further repeated the crew may be signed off at the earliest
opportunity with a remark in the conduct column in the CDC.
10) OLB ( Narrative section ) entry should be made recording full details of the
breach and the action taken against him in presence of C/O & C/E.
11) A copy of OLB entry relating to his case should be given to him & he should
acknowledge receipt by signing.
12) Further action is taken ashore against this particular crew member and the
procedure which may be followed is as follows ----
13) A case is made in the marine court ashore with all documents, reports & log
book entry from ship.
14) The case processed and trial is conducted, if found guilty a verdict is given.
15) If the crew wishes to appeal against the verdict, he has to do so to the higher
legal courts Judges court, then to High court & Appellate division
(Supreme Court).
16) But in the worse situations, it is usually ends in the Marine court where the
crew member may be punished with a fine as appropriate or cancellation of
CDC etc.
Unfair Dismissal :
Unfair dismissal occurs when an employee has been dismissed as follows ---
1) The employer had no valid reason for dismissing the employee.
2) The employer did not act reasonably in treating that reason as a sufficient
reason for dismissing the employee.
3) The employee was not given any chance to refuse or prove the allegation.
4) Was not given any chance to be accompanied throughout the hearing by a
friend who might advise him and speak on his behalf.
5) Was not given any opportunity to call any witness he has chosen.
6) If the employee is dismissed without proper investigation & without having
consideration all the evidence.
Unfair dismissal cases are heard by the Industrial tribunal not Courts of Law.
Regulations :
Safe Manning document is under the following regulations ---
i) SOLAS ( Chapter V Safety of Navigation ).
ii) MS (Safe manning, Hours of work & Watch keeping) Regulation 1997.
iii) M Notice; MSN 1682.
Principle :
1) Maintain a safe Bridge watch at sea in accordance with regulation VIII/2
of STCW95 which includes general surveillance of the vessel.
2) Moor & unmoor a vessel effectively & safely.
3) Maintain a safe Engineering watch at sea in accordance with regulation
VIII/2 of STCW95 and also maintain general surveillance spaces
containing main propulsion and auxiliary machinery.
4) Operate & maintain in a safe condition the main propulsion and
auxiliary machinery to enable the ship to overcome the foreseeable
perils of the voyage.
5) Maintain a safe Radio watch in accordance with SOLAS 1974 and ITU
Regulations as amended.
6) Maintain the safety arrangements & cleanliness of machinery space
to minimize the risk of fire.
Objectives :
1) The required watch keeping standard can be maintained & the personnel
can get sufficient rest.
2) Personnel are not required to work more hours than is safe for the ship.
3) The Master & seaman can perform their duties in accordance with the
operational guide line in section A-VIII of the STCW code.
4) The Master & seaman are not required to work such hours or under such
conditions as may be injurious to their own health and safety.
Agent :
An Agent is a person who works on behalf of his principal in order to bring
that principal into contractual relations with third parties.
Agents Authority :
Actual authority is given to an agent by his principal either expressly
by conduct, by implication or it is confirmed upon him by law as in the case
of an agent of necessity.
Agents Duty :
1) To look after the needs of his principals ship & its crew during
their stay in port.
2) Should aim for quickest possible turn round with maximum
efficiency & minimum cost.
3) Assist the Master in his dealing with the officials.
4) Procure provisions, stores & other requirements.
5) Communicate messages between Owner / Time Charterer & Master.
Mates Receipt :
Mates receipt is a receipt for goods received onboard, issued and signed by
carrying ships chief officer to the shipper of the goods showing accurate details
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of the goods as received on board ( i.e. as per ships tally or loading survey ). The
mates receipt should have a reference number and show the date and place of the
loading, any loading marks, the number of pieces or packages, the quantity and
the order & condition of the goods on loading.
It is the document on which the details entered on the B/L are based and it is
a prime facie evidence of the order and condition of the cargo on receipt.
When the shipper collects the B/L the mates receipt is handed to the ship
owner and one copy should be given to the agent.
Boat Note :
It is a type of delivery note, sometimes tendered by the Master of a barge,
coaster etc. to a ship loading cargo, showing a description of the goods to be
loaded on the ship. Now a days it is not often used. The usual abbreviation for
boat note is B/N.
Demurrage :
It is a breach of contract for which the charterer would be technically liable
for damages. If the cargo operations are not completed within the contractually
agreed of lay time demurrage will be payable by the charterer to the ship owner. It
is paid per running day without exclusion of any Sunday, holidays or bad weather.
A demurrage clause may state the number of days & rate payable usually in
USD per day. Demurrage is normally paid per running day.
Despatch :
It is a monetary reward, normally payable by the ship owner to the charterer,
for completion of cargo operation before the expiry of the contractually agreed of
lay time.
Early completion of cargo work may give owner an opportunity to complete
the voyage early & fix the vessel or another charter and is obviously also to
charterers benefit. The rate for dispatch is stated in the Demurrage & Despatch
clause & is usually half the demurrage rate for all time saved, which means that
the lay time exclusions ( for weather etc. ) are taken into account after the
completion of cargo. If for working time saved, lay time exclusions must be taken
into account.
Dead Freight :
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The payable freight in respect of space which is booked but failed to use is
known as dead freight. This is normally by charterer to the owner of the ship.
For this no common Law is there, can go for Lien and ship owner cannot
retain any cargo.
Statement of Facts:
An extract from the port operations log kept by the port agent and signed by
all parties involved ( Master, Stevedore, Agent etc. ). It contains times of all main
events surrounding the vessels cargo operations in port such as arrival, tendering
notice of readiness, commencement of lay time, weather stoppages etc. from these
facts the lay time statement can be obtained.
Owners Liability :
Owner is liable for all running costs i.e. costs of crewing, repairs &
maintenance ( including statutory and class survey and certification costs ),
stores, hull & machinery insurance etc. Owner operates the vessel technically
but not commercially.
Charterers Liability :
Charterer is liable for the commercial employment of the vessel.
Charterer pays for bunker fuel, canal dues, port charges including light dues if
any, pilotage, towage, linesman, agency etc. and all loading, stowing,
trimming & discharging costs.
Carrier Liability :
a) Seaworthiness :
Carrier must provide a vessel which is technically seaworthy relating to
the vessels design, condition of her hull & machinery & her stability.
The ship must be fit in all aspects for the intended voyage relating to her
equipments, safe manning, bunkering & stores.
b) Deviation :
Carrier must not deviate for the contracted route unjustifiably.
c) Reasonable Despatch:
Carrier must ensure that the vessel is ready to load cargo & proceed on
voyage with reasonable despatch. The provided ship must be cargo worthy
relating to her suitability for the intended cargo & the condition of her cargo
spaces.
Exceptions to Liability :
The carrier or ship will not be responsible for loss or damage arising form ---
Common Law :
1) Act of God.
2) Act of War.
3) Act of Public enemies.
4) Inherent vice in the goods.
e.g. loss of weight of hide due to evaporation.
5) Negligence of the consignor.
e.g. insufficient or defective packing of goods inside containers.
6) Fraud of the owner or consignor of the cargo.
e.g. where the shipper makes a false statement as to the nature or
value of the goods.
7) Jettison or other General Average sacrifices.
e.g. when the cargo is intentionally and properly destroyed in order
to preserve the and cargo.
Private Law :
1) Restrains of Rulers and Peoples.
2) Piracy.
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Average Bond :
A signed undertaking given by cargo owner stating that, in return for
delivery to them or their order of the goods noted in the bond, they agree to pay
the proper proportion of any General Average ( and salvage ) charges which may
thereafter be ascertained to be due from the goods. Lloyds Average Bond form is
normally used.
Charter Party :
A charterer party is a contractual document containing the written terms of a
charterer agreement between a ship owner & a charter defining the rights,
responsibilities & liabilities of the owner & charterer.
It is signed by a broker representing each party to the contract.
It contains printed standard clauses and typed additional clauses.
Time Charter :
Time charter is a contract between the charterer & the owner for the hire of a
named vessel, complete with crew for a specified period of time.
Value of time for the time charter :
It is very important for the time charterer because ---
i) The vessel is hired for number of months.
ii) She must be delivered at the time stated.
iii) She must be in every way fitted for ordinary cargo service within the
specified time.
Voyage Charter :
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Where the ship is hired for a specific voyage or voyages then this is called
Voyage charter. The ship must be seaworthy in all respects when the charter
commences. This include Cargo worthy ( ready to receive cargo ) and properly
documented.
Demise Charter :
Demise charter is a kind of bareboat charter where the ship owner manages
the vessel on behalf of the bareboat charterer under a management contract
clause. This is useful to charterer who does not want to spend extra money on
increasing their ship management term.
Signing System :
Shipped B/Ls are signed by or for the Master of receiving ship. A full set
of original is signed, then returned ( via the agent ) to the shipper.
The Master or his authorized deputy should always check the following
a) The goods have actually been shipped.
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Signing should be at the bottom of the B/L by the Carrier, the Master or the
carrier Agent.
Functions of B/L :
i) It is a receipt of goods which shows what has been loaded.
ii) It is a document of title which shows who can demand the goods at
the discharge port.
iii) It is an evidence of a contract of carriage and terms of contract
between Shipper & Carrier.
iv) It may be negotiable, enabling a transfer of ownership of the goods
to the transferred person.
v) It normally must be presented by receiver of goods to obtain delivery
at destination.
Salvage :
Salvage involves the provision of services to maritime property in danger
that results in the saving or partial saving of that property thus entitling the
provider to a reward.
Salvage Association :
Salvage association is the Worlds leading organization of marine casualty
and investigation surveyors. It has its head office in London & 29 exclusive
offices in the ship repair centers of the world. It was established in 1956 to serve
underwriters as well as shipping & cargo interests.
S/
TOWAGE SALVAGE
N
Marine Loss :
Marine Loss
General Average ( GA ) :
GA is a partial loss incurred through a deliberate Act performed with the
intention of protecting all the interests involved in a voyage from a danger which
threaten them all. In short it is the intentional sacrifice to save bigger losses.
( i.e. Jettisoning of Cargo ).
Particular Average ( PA ) :
PA defines a fortuitous partial loss caused by a peril insured against and
which is not a general average loss. Basically PA is an accidental partial loss of
insured property ( i.e. damaged ships hull ). The costs are claimed on the hull &
machinery insurance policy.
Types of damage which are recovered from insurer as PA ---
a) Heavy weather damage.
b) Grounding & Stranding damage.
Safe Port :
A safe port is a port which the vessel can safely reach stay at & leave
without any requirement other than normal good seamanship. A safe port must---
1) Have safe access.
2) Free from permanent obstruction.
3) Allow the vessel to remain safely afloat at all state of the tide unless it is
customary and safe to load and / or discharge.
4) Have adequate facilities for trading including a safe shore landing of
goods, warehouses & other establishments for dealing with the kind of
cargo contemplate.
5) It must be politically safe & free from War or embargo.
6) After cargo operation the vessel must be able to leave safely.
Safe Berth :
A berth is safe in the same respect as a safe port. My duty as a Master is
normally to ensure the berth is safe and to refuse to go to an unsafe berth even if
ordered to do so.
At Sea :
1) As soon as the decision is taken to make for a POR. Inform owner & charterer
if any, stating the reason for the deviation.
2) Give relevant details to duty superintendent. He will inform companys
insurance manager, who will contact appropriate insurers staff. In case of hull
& machinery damage, owner will contact classification society, who will
inform their local surveyor.
3) Request owners Operation department to appoint / nominate an agent at the
POR to handle the vessels visit.
4) If the cause of the deviation is an incident reportable, inform MAIB (Maritime
Accident Investigation Branch ) by radio, telex or fax.
5) Call appointed port agent as soon as known. Pass ETA & information necessary
for making preparations for vessels arrival. Request agent to notify---
a) Port state administration.
b) Harbour Master or Port authority.
c) Pilot station, Linesman, Boatman, Customs, Port health,
Immigration etc.
d) Local correspondent of owners P & I club.
In Port :
1) On arrival at POR, salvor, if any will require salvage security, which should
be arranged by ship owner & cargo owner.
2) Contact local correspondent of owners P & I club.
3) Obtain health clearance in accordance with local rule.
4) Enter vessel in with customs Under average.
5) Inform owner about vessels safe arrival.
6) Owner ( normally ) will declare General Average.
7) Note protest as appropriate ( but within 24 hrs ), in compliance with local
custom, reserving the right to extend t a time and place convenient.
8) In case of Hull & Machinery damage, owner will notify his H & M
insurance broker.
9) If class surveyor is available, he will inspect the vessel & give a report of
damage, stipulating repairs necessary for vessel to maintain class.
10) If no class surveyor is available, call in a local registered ship surveyor. But
generally best is to obtain qualified surveyor & he will issue a certificate.
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11) If cargo damage is likely or cargo discharge is necessary for repairs, call a
hatch survey before breaking bulk ( commencing discharge ).
12) Arrange cargo discharge ( under survey ) and either transshipment or
warehousing of cargo during the repair.
13) On receipt of Class surveyors report, carry out the repair under class or
other surveyors guidance.
14) On completion of repair, class surveyor will carry out another survey.
15) If vessel is seaworthy he will issue an interim certificate of class.
16) Reload cargo ( under survey ) if voyage being continued.
17) Extend protest to include all details of the damage and repairs.
18) Send all appropriate documents to the owner / charterer.
19) Enter vessel outwards & obtain outward clearance.
20) Keep appropriate OLB entries and records through out.
21) Continue on voyage.
Note of protest :
Note of Protest is a statement of fact supported by OLB entries made on oath
by Master and authenticated by a person of legal standing, that circumstances
beyond his control have or may have given rise to loss and / or damage to the ship
or cargo or have caused him to take action which may render the owner liable to
legal action by another party.
Note: As soon as possible after arrival but in any case within 24 hour and
before commencing cargo operations. It may be necessary to note at individual
ports when involved with number of discharge ports.
Reserve the right to extant the note because it may be impossible to
ascertain the full extent of the loss or damage until all relevant facts come to
light.
Lien :
Lien is a form of remedy which is available to a person in certain
circumstances entitling him to enforce the satisfaction of a claim. There are three
types of lien :---
Possessory Lien :
Particular Possessory Lien :
Particular Possessory Lien is the right of a person in possession of
good to retain possession of them until payment has been made by their real
owner.
Such lien arises when a person saved the goods from loss at sea or
captured by enemy.
The lien does not have right to sell the cargo.
Maritime Lien :
The lien on ship or cargo or both as well as on the freight she will earn in
respect of service done or injury caused by any of them is known as Maritime
lien.
This can be enforced by arrest & sale of the property.
This lien is valid till change of ownership.
This lien can extend to sister ship or ship under same owner.
Contractual Lien :
Contractual Lien arises in respect of payment due under contract like ---
Salvage.
Seamans Wages.
Masters Wages.
Masters claim for disbursement.
Damage Lien :
Damage Lien arises principally from collision damage which must
fulfill the following ---
Damage must be done by ship.
Damage must be done by wrong actions or neglect of owner
on his servant.
Equitable Lien :
It is same as partnership lien. This consists of the right of a partner on
dissolution of the partnership and any surplus divided among the partners in
proper proportion.
Tanker Category :
MARPOL Tanker :
Category 3 tankers, i.e. ships delivered after 05th April 1977 but
before 01st January 1978.
Stowaway Search :
Have to draw up a checklist or lists based on own ship or cargo. A standard
ships form can be drafted for modification when different cargoes are on board. A
through out search of all areas of the ship should be carried out by crew in
different teams with an officer in charge of each team. Completed checklists has
to be returned to the C/O or Master and filed. ( this may later be needed by
Owner, the P & I club, lawyers or the shore authorities if stowaways are found on
board ). An entry in the Deck Log book to be made recording the search and its
results with full details of date, time spaces searched & names & ranks of
searchers.
Coverage :
1) Actual total loss or constructive total loss of ships Equipments,
Hull & Machinery.
2) Accident damage (PA) to ships Hull, Machinery & Equipments.
Coverage of Collision :
Coverage of Grounding :
If grounding happens in certain canals or parts of certain river where
minor strandings are fairly common, it will not be deemed to be a stranding. The
underwriters will not pay the cost of sighting of bottom following a grounding in
such a area.
No claim is allowed in respect of scrapping or painting the vessels
bottom.
No claim is allowed in particular average for wages & maintenance of the
Master, officer and crew only for the vessel for removal from one port to another
for repair or for trial trips for average repairs and only for such wages &
maintenance as are incurred while the vessel is underway.
Underwriters are not liable for unrepaired damages.
Towing Clause :
It allows a vessel to tow vessels in danger and when in need of assistance
but not to undertake salvage or towage under a previously agreed contract.
Instant Action :
i) Stop the engine.
ii) Plot the Position of the vessel.
iii) Raise the General alarm.
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Subsequent Action :
i) Render to the other vessel & persons aboard. Such assistance as may be
practicable and may be necessary to save them from any danger caused
by the collision.
ii) Stay by the other ship until she has ascertained that it has no need of
further assistance.
iii) Give the Master or person in charge of the other vessel, the Name, port
of Registry of the vessel, the port of Departure & Destination. Collect
the same informations from the other ship.
iv) To record the Time of incident.
v) Sound the Tanks.
vi) Lifeboat should be ready.
Legal Requirement :
i) Inform the Owner & the Port authority.
ii) Under all regulations, send a report to MAIB.
iii) Under the reporting requirements regulations, send a pollution report.
iv) Under the official log book regulations, make an entry in the narrative
section of the OLB.
v) Under all regulations, preserve relevant evidence.
vi) When collision is imminent, Emergency checklist procedure No-5 in
ICS Bridge Procedures Guide should be followed.
Penalties :
Penalties for non compliance as per BMSO83 is TK 10,000/= or
imprisonment up to 06 months or both. If certified officer, certificate
suspended or cancelled.
One copy of the tally should be in the luggage & one copy will be kept in the
OLB. Custom may check the gears before landing.
2) Consult Chief Engineer on the condition of the machinery & the bunker
situation.
3) Consult with Chief Officer on the condition of cargo, stability, ballast
water, stores etc.
4) Make an intensive inspection of the ship as soon as practicable.
5) Examine the passage plan for the next log of the voyage, if already made.
6) Check charts & publications required to be on board.
7) Read & if necessary write Standing order.
8) Satisfy himself that he has personally exercised due diligence in seeing
that the vessel is seaworthy at the start of the voyage.
9) Refuse to sail if the vessel is not seaworthy.
The company should clearly define & document Masters responsibilities with
regard to ---
1) Implementing the safety & environmental protection policy of the
company.
2) Motivating the crew in the observation of that policy.
3) Issuing appropriate orders and instructions in a clear & simple manner.
4) Verifying that specified requirements are observed.
5) Reviewing the SMS and reporting its deficiencies to the shore based
management.
The company should ensure that the SMS operating on board ship contains a
clear statement emphasizing Masters authority. The company establishes the SMS
that the Master has Overriding Authority and responsibility to make decisions with
respect to safety and pollution prevention & to request for the company assistance
as may be necessary.
A Bangladesh ship will be treated unseaworthy for the following reasons as per
BMSO1983 ( Bangladesh Merchant Shipping Ordinance ) Chapter - 28 :---
1) Materials of which she is made is not satisfactory.
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EARLIER QUESTIONS
Flag State
1) What is the function of Flag state ? Who are the governing body of Flag state
for the country of Bangladesh, India, Singapore, Australia, USA & UK ?
2) What is PSC ? Under which convention PSC can check operational procedure
on board ship ?
3) Write short notes on Paris Memorandum ?
At Sea
23) During sea passage from UK to Bangladesh your vessel suffered heavy damage
due to violent WX, decided to repair at next port.
a) How will you select next port ? What legal procedure you are going
to follow ?
b) Whom do you inform about your deviation ?
24) How to choice port of refuge ( POR ) & why ?
25) A Bangladesh ship lost seaworthiness. What action a Master should take ?
26) A vessel collided with another vessel.
a) What is the obligation / statutory duties of Master in this situation ?
b) State penalties for non compliance as per BMSO83.
c) As Master what you will protest for the interest of owner ?
d) What records you will preserve ?
27) What is the Masters obligation if vessel receives a distress message ?
28) Write short notes on ---
a) DOC for Dangerous cargo.
b) Oil pollution in deep sea.
c) OPRC.
d) MARPOL Tanker.
e) Pre MARPOL Tanker.
f) Non MARPOL Tanker.