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CONTENTS

S/N TOPIC PAGE


1. Party State 06
2. Tacit Acceptance 06
3. Explicit Acceptance 06
4. Ratify 06
5. Accede 06
6. Accept 06
7. Code 06
8. International Maritime Organization ( IMO ) 07
9. When IMO convention enter into force 09
10.How IMO convention can be amended 09
11.Can all IMO convention amended by Tacit acceptance 09
12.How IMO convention enforced 09
13.Exceptions of conventions requirements 09
14.How IMO avoid misunderstanding of regulation text 09
15.How you find more information of IMO & conventions 10
16.Must UK ships comply with IMO resolution 10
17.Must UK ships comply with IMO recommendations 10
18.Ratification in relation to IMO instruments 10
19.Accession in relation to IMO instruments 10
20.Must a party state to an IMO instrument comply exactly 10
21.MARPOL Annexes 11
22.MARPOL convention apply 12
23.Exemption from MARPOL convention apply 12
24.New Regulations as per MARPOL 12
25.MARPOL Certificates 13
26.Special areas in Annex I of MARPOL 13
27.SOLAS Chapters 14
28.SOLAS related Codes 15
29.SOLAS convention apply 16
30.Exemption from SOLAS convention apply 16
31.New amendments as per SOLAS 17
32.SOLAS Certificates 18
33.SOLAS Certificates Revalidation System 18
34.LOADLINE convention apply 19
35.Exemption from LOADLINE convention apply 19
36.COLREG 1972 19
37.STCW 78 / 95 20
38.IMO White list 20

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S/N TOPIC PAGE


39.New types of training features in STCW95 20
40.STCW95 Requirement hours of work 20
41.Overriding operational condition 20
42.SAR 1979 21
43.INMARSAT 1976 21
44.CSC 1972 21
45.INTERVENTION 1969 21
46.LC 1972 22
47.OPRC 1990 22
48.AFS 2001 22
49.CLC 1969 22
50.FUND 1971 23
51.NUCLEAR 1971 23
52.PAL 1974 23
53.LLMC 1976 23
54.SUA 1988 23
55.HNS 1996 24
56.BUNKERS 2001 24
57.TONNAGE 1969 24
58.FAL 1965 24
59.Functions of FAL convention 24
60.Maritime Safety related Conventions 25
61.Maritime Pollution related Conventions 25
62.Liability and Compensation related Conventions 26
63.Conventions for Other Subjects 26
64.Conventions that Bangladesh already signed 27
65.Maritime Codes 29
66.ILO ( International Labour Organization 30
67.UNCLOS ( The United Nations Convention on the Law Of the Sea )31
68.Conditions of innocent passage not being innocent 33
69.Annual Notice to Mariners No 12 34
70.Importance of UNCLOS for the Master & Duty officer 34
71.ISM ( International Safety Management ) 36
72.SMS ( Safety Management System ) 37
73.DOC ( Document Of Compliance ) 38
74.Interim Document Of Compliance 38
75.DOC ( Document Of Compliance ) for Dangerous Goods 38
76.DOA ( Document Of Authorization ) 39
77.SMC ( Safety Management Certificate ) 39
78.Interim Safety Management Certificate 39

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S/N TOPIC PAGE


79.Lloyds Open Form ( LOF ) 40
80.Flag state Control 40
81.Flag state Administration 40
82.Functions of Flag state 41
83.Governing Body of Flag state of some countries 41
84.PSC ( Port State Control ) 42
85.Gross Tonnage 42
86.Net Tonnage 42
87.Paris Memorandum 43
88.Classification Societies 44
89.Official Log Book ( OLB ) 45
90.Certificate to be carried by Bangladesh flagged vessels 47
91.Chemical Tankers Documents & Certificate 48
92.Deratting & Deratting exemption certificate 49
93.Approved Port 49
94.Designated Approved Port 49
95.Purpose of Ships Registration 50
96.Process of Bangladesh Registration ship 51
97.Bangladesh Registration Abroad 51
98.Revalidation of Certificate / Extending a Certificate 52
99.Advantages of Ships Registration 52
100. Second Register
52
101. Procedure for Dismissal 53
102. Procedure for Dismissal in case of drunken watch keeper 54
103. Unfair Dismissal
55
104. Hague Visby Rules
55
105. Safe Manning Document ( SMD )
56
106. Agent 57
107. Mates Receipt
57
108. Boat Note
57
109. Demurrage 58
110. Despatch
58
111. Dead Freight
58
112. Lay time Statement
58
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113. Statement of Facts 59


114. Liabilities between Owner & time Charterer 59
115. Carrier Liability
59
116. Exceptions to Liability
60
117. Average Bond
60
118. Charter Party
61

S/N TOPIC PAGE


119. Time Charterer
61
120. Voyage Charterer 61
121. Bare boat Charterer
61
122. Demise Charterer 61
123. Bill of Lading ( B/L )
62
124. Salvage
63
125. Salvage Association
63
126. Difference between Towage & Salvage
63
127. Towage becomes Salvage
63
128. Marine Loss 64
129. Actual Total Loss 64
130. Total Constructive Loss 64
131. General Average ( GA ) 64
132. GA fulfill 5 points ( Essential elements of GA act ) 65
133. Particular Average ( PA ) 65
134. Safe Port
65
135. Safe Berth
65
136. Selecting next port to repair damage / How to choice POR
66
137. Legal procedure for POR 66

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138. Whom to inform about the Deviation for POR


67
139. Note of protest
68
140. Maritime Declaration of Health 69
141. Lien 70
142. Bangladesh Merchant Shipping Ordinance 1983 ( BMSO83 ) 71
143. Tanker Category
71
144. Stowaway Search 71
145. Hull & Machinery Insurance
72
146. P & I Club Coverage
72
147. Collision Coverage
72
148. Grounding Coverage
73
149. Six standard form to declare in port as per IMO
73
150. Sister ship Clause 73
151. Towing Clause
73
152. Masters Obligation after Collision
74
153. Protest for the interest of owner 75
154. Action if Oil pollution occurs in deep sea
76
155. Technical action taken by Master to implement new policy to crew
76
156. Action to be taken in Malaria effected area
76
157. Masters Obligation after receiving a Distress Message
77
158. Action to be taken if a Seaman Dies onboard 77

S/N TOPIC PAGE


159. Action to be taken with a Dead Seamans property & wages
78
160. Taking over Command as a Master
78
161. Action by new Master before Sailing 79
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162. Masters Responsibility & Authority as per ISM code


79
163. Action by Master if a Bangladesh ship losses Seaworthiness
80
164. Masters Responsibility regarding Muster list & Emergency instructions
80
165. EARLIER QUESTIONS 81

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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.

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International Maritime Organization ( IMO ) :

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.

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Chief Instruments of IMO :


a) Conventions.
b) Protocols.
c) Amendments.
d) Recommendations, Codes & Guidelines.
e) Resolutions.

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.

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When IMO convention enter into force:


Usually a specified number of months ( e.g. 12 months ) after the explicit
acceptance the IMO convention enter into force.

How IMO convention can be amended:


IMO conventions can be amended by following two ways : ---
a) Explicit Acceptance &
b) Tacit Acceptance.

Can all IMO convention amended by Tacit acceptance:


No. Tacit acceptance cant be used for amending SOLAS or LOADLINE in
respect of surveys and certification requirements. For this reason it is necessary to
create two protocols to SOLAS & LOADLINE respectively, to introduce
harmonized surveys and certification. MARPOL can however be amended by Tacit
acceptance.

How IMO convention enforced:


IMO conventions can be enforced by following two ways : ---
a) Flag state control &
b) Port state control.

Exceptions of conventions requirements :


The convention does not apply in any way to some types of ships such as
Warships, Troopships and Fishing vessels.
Under certain conditions specified in the convention, ships to which it applies
may be exempted from all and part of its requirements.

How IMO avoid misunderstanding of regulation text:


By the use of unified interpretations which are printed alongside the regulation
text. These clarify the meanings of terms used and other matters.

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How you find more information of IMO & conventions :


In focus on IMO & IMO news or on the internet at www.imo.org

Must UK ships comply with IMO resolution :


Where legislation is made to give effect to a particular resolution than UK
ships must comply with this.

Must UK ships comply with IMO recommendations :


Where legislation is made to give effect to a particular recommendation than
UK ships must comply with this.

Ratification in relation to IMO instruments :


Ratification is required by a specific number of IMO member states in order to
an IMO instrument ( such as convention ) into force.

Accession in relation to IMO instruments :


After IMO instruments entry into force, when a member state wishing to
approve, accept and implement the instruments is called accession. It is done by
depositing a document of accession with the Secretary General.

Must a party state to an IMO instrument comply exactly:


No. Any party state may make a declaration or statement to the effect that it
will not bound by some part of it or other. These are attached to the official text of
the instrument when it is published. ( e.g. in the MAPOL book ).

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MARPOL Annexes :

NAME SUBJECT ENTRY INTO FORCE

International Convention for Regulations for the


Prevention of Pollution from prevention of pollution by 2nd October 1983
Ships1973 as modified by the protocol Oil.
of 1978 relating there to MARPOL
73/78
ANNEX I
International Convention for Regulations for the control
Prevention of Pollution from of pollution by Noxious 2nd October 1983
Ships1973 as modified by the protocol liquid substances in bulk.
of 1978 relating there to MARPOL
73/78
ANNEX II
International Convention for Regulations for the
Prevention of Pollution from prevention of pollution by 1st July 1992
Ships1973 as modified by the protocol Harmful substances carried
of 1978 relating there to MARPOL by sea in package form.
73/78
ANNEX III
International Convention for Regulations for the
Prevention of Pollution from prevention of pollution by 27th September 2003
Ships1973 as modified by the protocol Sewage from ships.
of 1978 relating there to MARPOL
73/78
ANNEX IV
International Convention for Regulations for the
Prevention of Pollution from prevention of pollution by 31st December
Ships1973 as modified by the protocol Garbage from ships. 1988
of 1978 relating there to MARPOL
73/78
ANNEX V
International Convention for Regulations for the
Prevention of Pollution from prevention of Air pollution 19th May 2005
Ships1973 as modified by the protocol from ships.
of 1978 relating there to MARPOL

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73/78
ANNEX VI

MARPOL convention apply :


MARPOL convention applies to the following : ---
a) Ships flying flags of MARPOL party states.
b) Ships not entitled to fly the flag of a party state but operating under
authority of a party state.
c) Each Annex defines which ships the Annex specifically applies.

Exemption from MARPOL convention apply :


The following ships are exempted from MARPOL convention apply : ---
a) Warships.
b) Naval auxiliaries.
c) Other ships owned or operated by a state being used on government non-
commercial service ( These ships are required, however, to comply with
MARPOL so far as possible. )

New Regulations as per MARPOL :


1) New Special area under Annex I added Oman Sea area of the Arabian Sea
from 01st January 2007.
New Special area under Annex I:
i) Mediterranean Sea Area. vi) Gulf of Aden.
ii) Baltic Sea Area. vii) Antarctic Area.
iii) Black Sea Area. viii) North West European water.
iv) Red Sea Area. ix) Oman Sea.
v) Gulf area.
2) New Annex II area is now only Antarctic area.
3) Oil tankers of 5000 tonnage deadweight & above constructed on or after
2007, pump room shall be provided with a double bottom.
4) New categories implement of Annex II from 01 st January 2007 called
category x, y, z & other substances.

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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 areas in Annex I of MARPOL :

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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vii) Antarctic Area.


viii) North West European water.
ix) Oman Sea.

The International Convention for the Safety Of Life At Sea


(SOLAS 1974) :

Date Entry into force : --- 25th May 1980


Date Entry into force for Bangladesh : --- 06th February 1982
Remarks : --- Acceded

SOLAS Chapters : ---

Chapter I : General Provisions.


Chapter II-1 : Construction Subdivision and Stability,
Machinery and Electrical installations.
Chapter II-2 : Construction Fire Protection, Fire Detection &
Fire Extinction.
Chapter III : Life saving appliances & arrangements.
Chapter IV : Radio communications.
Chapter V : Safety of Navigation.
Chapter VI : Carriage of Cargoes.
Chapter VII : Carriage of Dangerous goods.
Chapter VIII : Nuclear Ships.
Chapter IX : Management for the safe operation of the ship.
Chapter X : Safety measures for high speed craft.
Chapter XI-1 : Special measures to enhance maritime safety.
Chapter XI-2 : Special measures to enhance maritime security.
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Chapter XII : Additional safety measures for the Bulk carriers.

Appendix : Certificates

SOLAS related Codes :

CH TITLE RELATED IMO CODES ENTRY INTO FORCE

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)

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VII Carriage of Dangerous IMDG Code ( International 01st January 2004


goods Maritime Dangerous Goods Code )
INF Code (International Code for 01st January 2001
the safe carriage of packaged
irradiated Nuclear Fuel, Plutonium
and high level Radioactive wastes in
flasks onboard ships )
IGC Code ( International Code for Mandatory
the Construction and Equipment of
ships carrying Liquefied Gases in
bulk )
IBC Code ( International Code for Mandatory
the Construction and Equipment of
ships carrying Dangerous Chemicals
in bulk )

CH TITLE RELATED IMO CODES ENTRY INTO FORCE

VII Nuclear Ships Code of Safety for Nuclear


I Merchant Ships.
IX Management for the safe ISM Code ( International Safety 1st July 2002
operation of the ship Management Code )
Safety measures for high HSC Code ( International Code of 1st July 2002
X
speed craft safety for High Speed Craft ) For new craft.
XI- Special measures to ISPS Code ( International Ship and 1st July 2004
2 enhance maritime Port facility Security Code )
security
XII Additional safety BLU Code ( Code of safe practice Non - Mandatory
measures for the Bulk for the safe loading and unloading
carriers of Bulk carriers )

SOLAS convention apply :

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SOLAS convention applies to the following : ---


a) Broadly ships flying flags of SOLAS party states, when on international
voyages.
b) Each Chapter defines which ships the Chapter specifically applies.

Exemption from SOLAS convention apply :


The following ships are exempted from SOLAS convention apply : ---
a) Warships and Troopships.
b) Cargo ships of less than 500 GT.
c) Ships not propelled by mechanical means.
d) Wooden ship of primitive built.
e) Pleasure Yachts not engaged in trade and
f) Fishing vessels.

New amendments as per SOLAS :

1) Under Chapter V : Safety of Navigation : ---


Came into force from 01st July 2006.
Vessel of 500 GT or above engaged in international voyage; which
voyage duration is more than 48 hours, have to submit a daily report to
company including ships Position, Course, Speed & details of External &
internal condition. Its main objective is to achieve in SAR operation.
2) Under Chapter III : Life Saving Appliances & arrangements:
---
Came into force from 01st July 2006.
a) All ship has to carry one emersion suit for per person in addition for
watch keeper in bridge & engine room & people working in remote
places.

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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 ).

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SOLAS Certificates Revalidation System :

1) Where a SOLAS certificate other than a Passenger Ship Safety certificate


has been issued for a period of validity of less than 05 years and surveys
requires under the regulations have been satisfactorily completed, the
certifying authority my extend its validity so that it is valid for a
maximum period of 05 years.
2) Where a renewal survey is satisfactorily completed before the expiry of
the relevant SOLAS certificate, but the new certificate can not be issued
or placed onboard the ship before the expiry of the existing certificate,
the certifying authority may endorse the existing certificate as valid for a
period of not exceeding 05 months from the expiry date.
3) Where a renewal survey has not been satisfactorily completed before the
expiry of the relevant SOLAS certificate and at the time of expiry the
ship is not in a port in which it is to be surveyed, the certifying authority
may, where it appears that it is proper and reasonable to do so, extend the
validity of the certificate solely for the purpose of allowing the ship to
complete its voyage to its part of survey.
4) Where no other extension has been granted, the certifying authority my
extend the validity of a SOLAS certificate of ships solely on short
international voyages for a period of no more than one month.

International Convention on Load Lines 1966 ( LL 1966 ) :


Date Entry into force : --- 21st July 1968
Date Entry into force for Bangladesh : --- 10th August
Remarks : --- Acceded

LOADLINE convention apply :


Ships of party states on International voyages unless exempted.

Exemption from LOADLINE convention apply :


The following ships are exempted from LOADLINE convention apply : --
i) Warships.
ii) Ships of under 24m ( 79 ft ) length.
iii) Cargo ships of less than 150 GT.
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iv) Pleasure Yachts not engaged in trade and


v) Fishing vessels.
vi) Ships navigating in Great Lake.
vii) Ships navigating in the river St. Lawrence.
viii) Ships navigating in the Caspian Sea, the Clate, Panama & Uruguay
rivers.

Convention on the International Regulations for preventing Collisions


at sea 1972 ( COLREG 1972 ) : .

Date Entry into force : --- 15th July 1977


Date Entry into force for Bangladesh : --- 10th May 1978
Remarks : --- Acceded

COLREG convention apply :


All vessels of party states upon the high seas and in all waters
connected therewith navigable by seagoing vessels.

The International Convention on Standard of Training Certification


and Watch keeping for Seafarers 1978 as amended in 1995
(STCW78 / STCW 95) :

Date Entry into force ( STCW78 ) : --- 28th March 1984


Date Entry into force ( STCW95 ) : --- 1st February 1997
Full Effect after 05 years : --- 1st February 2002
Date Entry into force for Bangladesh : ---

IMO White list :


A list of countries considered by IMO to be conducting their maritime
training and certification in accordance with the requirements of STCW95 is
known as IMO white list.

New types of training features in STCW95 :


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Simulators are mandatory for training in the use of RADAR and ARPA.
The VQ (Vocational Qualification) system of education is also given
recognition.

STCW95 Requirement hours of work :


1) All officers in charge of a watch or ratings forming part of watch must
have a minimum of 10 hours of rest in any 24 hours period. The
minimum 10 hours may be reduced to not less than 6 hours provided
that any such reduction must not extend beyond 2 days and not less than
70 hours rest are provided in each 7 days period.
2) The hours of rest may be divided into not more than 2 periods, one of
which must be of at least 6 hours.
3) The requirements of rest periods need not be maintained during an
emergency or drill or in an overriding operational condition.
4) Watch schedules must be posted.

Overriding operational condition :


Where essential shipboard operation cant be delayed for environmental
or safety reasons or which could not reasonably have been anticipated at the
start of the voyage.

STCW Code

Part A ( Mandatory ) Part B


The minimum standards of seafarers Guidance

International Convention on Maritime Search and Rescue 1979


( SAR 1979 ) :
Date Entry into force : --- 22nd June 1985
Date Entry into force for Bangladesh : ---
Remarks : ---

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Convention on International Maritime Satellite Organization 1976


( INMARSAT 1976 ) :
Date Entry into force : --- 16th July 1979
Date Entry into force for Bangladesh : ---
Remarks : ---

International Convention for Safe Containers 1972 ( CSC 1972 ) :


Date Entry into force : --- 06th September 1977
Date Entry into force for Bangladesh : ---
Remarks : ---

International Convention Relating to Intervention on the high seas in


cases of Oil pollution casualties 1969 ( INTERVENTION 1969 ) :
Date Entry into force : --- 06th May 1975
Date Entry into force for Bangladesh : ---
Remarks : ---
INTERVENTION Protocol : --- 30th March 1983

Convention on the prevention of Marine pollution by Dumping of


Wastes and other matter 1972 ( LC 1972 ) : .

Date Entry into force : --- 30th August 1975


Date Entry into force for Bangladesh : ---
Remarks : ---
LC Protocol : ---

International Convention on Oil pollution Preparedness Response and


Co-operation 1990 ( OPRC 1990 ) : .

Date Entry into force : --- 13th May 1995


Date Entry into force for Bangladesh : ---
Remarks : ---
Protocol on Preparedness, : ---
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Response and Co-operation to


pollution incidents by
Hazardous and Noxious
Substances 2000

International Convention on the control of Harmful Anti-Fouling


Systems on ships 2001 ( AFS 2001 ) : .

Date Entry into force : ---


Date Entry into force for Bangladesh : ---
Remarks : ---

International Convention on Civil Liability for Oil pollution Damage


1969 ( CLC 1969 ) :
Date Entry into force : --- 19th June 1975
Date Entry into force for Bangladesh : ---
CLC Protocol 1976 : --- 08th April 1981
CLC Protocol 1992 ( after : --- 30th May 1996
Called CLC Convention 1992 )

International Convention on the establishment of an International


Fund for compensation for Oil pollution Damage1971 (FUND1971) :
Date Entry into force : ---
Date Entry into force for Bangladesh : ---
FUND Protocol 1976 : --- 22nd November 1994
FUND Protocol 1992 : --- 30th May 1996
FUND Amendment 2000 : --- 01st November 2003
FUND Protocol 2003 : ---

Convention Relating to Civil Liability in the field of maritime


carriage of Nuclear materials 1971 ( NUCLEAR 1971 ) : .

Date Entry into force : --- 15th July 1975


Date Entry into force for Bangladesh : ---

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Convention Relating to the Carriage of Passengers and their Luggage


by Sea 1974 ( PAL 1974 ) :
Date Entry into force : --- 28th April 1987
Date Entry into force for Bangladesh : ---
PAL Protocol 1976 : --- 30th April 1989
PAL Protocol 1990 : ---
PAL Protocol 2002 : ---

Convention on Limitation of Liability for Maritime Claims 1976


( LLMC 1976 ) :
Date Entry into force : --- 01st December 1986
Date Entry into force for Bangladesh : ---
LLMC Protocol 1996 : ---

Convention for the Suppression of Unlawful Acts against the safety


of maritime navigation 1988 ( SUA 1988 ) : .

Date Entry into force : --- 01st March 1992


Date Entry into force for Bangladesh : ---

International Convention on Liability and Compensation for damage in


connection with the carriage of Hazardous and Noxious Substances
1996 ( HNS 1996 ) :
Date Entry into force : ---
Date Entry into force for Bangladesh : ---

International Convention on Civil Liability for Bunker Oil pollution


Damage 2001 ( BUNKERS 2001 ) : .

Date Entry into force : ---


Date Entry into force for Bangladesh : ---

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International Convention on Tonnage measurement of ships 1969


( TONNAGE 1969 ) :
Date Entry into force : --- 18th July 1982
Date Entry into force for Bangladesh : ---

Convention on Facilitation on International Maritime Traffic 1965


( FAL 1965 ) :
Date Entry into force : --- 05th March 1967
Date Entry into force for Bangladesh : ---

Functions of FAL 1965 Convention :


The main aim of FAL convention is to facilitate maritime transport by
simplifying and minimizing the formalities, documentary requirements and
procedures associated with the arrival, stay & departure of ships engaged on
international voyages including all documents required by customs,
immigration, health & other public authorities pertaining to the ship, its crew
and passengers; baggage, cargo & mail.

Maritime Safety related Conventions :


The following are the Maritime Safety related Conventions : ---
1) The International Convention for the Safety Of Life At Sea (SOLAS), 1974.
--- 25th May 1980.
2) International Convention on Load Lines ( LL ), 1966. --- 21st July 1968.
3) Special Trade Passenger Ships agreement ( STP ), 1971.
4) Convention on the International Regulations for preventing Collisions at
sea ( COLREG ), 1972 . --- 15th July 1977.
5) International Convention for Safe Containers 1972 ( CSC 1972 )
--- 06th September 1977.
6) Convention on International Maritime Satellite Organization
( INMARSAT ), 1976. --- 16th July 1979.
7) Torremolinos Protocol of 1993 relating to the Torremolinos International
Convention for the safety of Fishing Vessels ( SVP F ), 1995.
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8) International Convention on Standard of Training Certification and Watch


keeping for Seafarers ( STCW ), 1978 --- 28th March 1984
as amended in 1995 ( STCW 95 ) --- 1st February 1997.
9) International Convention on Standard of Training Certification and Watch
keeping for Fishing vessel personnel ( STCW F ), 1995.
10) International Convention on Maritime Search and Rescue ( SAR ), 1979.
--- 22nd June 1985.

Marine Pollution related Conventions :


The following are the Marine Pollution related Conventions : ---
1) International Convention Relating to Intervention on the high seas in cases
of Oil pollution casualties, ( INTERVENTION ) 1969 .
2) Convention on the prevention of Marine pollution by Dumping of Wastes
and other matter, ( LC ) 1972 .
3) International Convention for Prevention of Pollution from Ships1973 as
modified by the protocol of 1978 relating there to MARPOL 73/78.
4) International Convention on Oil pollution Preparedness Response and Co-
operation, ( OPRC ) 1990.

Liability and Compensation related Conventions :


The following are the Liability and Compensation related Conventions : ---
1) International Convention on Civil Liability for Oil pollution Damage 1969
( CLC 1969 ).
2) Convention Relating to Civil Liability in the field of maritime carriage of
Nuclear materials 1971 ( NUCLEAR 1971 ).
3) International Convention on the establishment of an International Fund for
compensation for Oil pollution Damage1971 (FUND1971).
4) Convention Relating to the Carriage of Passengers and their Luggage by
Sea 1974 ( PAL 1974 ).
5) Convention on Limitation of Liability for Maritime Claims, ( LLMC ) 1976.
6) International Convention on Liability and Compensation for damage in
connection with the carriage of Hazardous and Noxious Substances 1996
( HNS 1996 ).

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Conventions for Other Subjects :


The following are the Conventions for Other Subjects : ---
1) Convention on Facilitation on International Maritime Traffic, ( FAL ) 1965.
2) International Convention on Tonnage measurement of ships 1969
( TONNAGE 1969 ).
3) Convention for the Suppression of Unlawful Acts against the safety of
maritime navigation 1988 ( SUA 1988 ).
4) International Convention on Salvage 1989 ( SALVAGE 1989 ).

Conventions that Bangladesh already Signed :

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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ships 1969 ( TONNAGE 1969 ). 2 Acceded


Convention on the International Regulations for 10.05.197
09 15th July 1977
preventing Collisions at sea1972 ( COLREG72 ). 8 Acceded
International Convention on Standard of Training
28th March 25.04.198
10 Certification and Watch keeping for Seafarers
1984 4 Accepted
( STCW ), 1978 as amended in 1995.
The Special Trade Passenger Ships agreement 1971 10.11.1978
11 02nd January 1974
( STP1971 ),. Acceded
The Protocol on Space Requirements for Special 10.02.197
12 02nd June 1977
Trade Passenger Ships 1973. 9 Acceded
Convention on International Maritime Satellite 17.09.199
13 16th July 1979
Organization1976 ( INMARSAT1976 ). 3 Acceded
17.09.199
14 INMARSAT OA, 1976 16th July 1979
3 Acceded
Convention on Facilitation on International Maritime 05th March 20.10.200
15
Traffic 1965 ( FAL 1965 ) 1967 0 Acceded
International Convention Relating to Intervention on
04.02.198
16 the high seas in cases of Oil pollution casualties 1969 06th May 1975
2 Acceded
( INTERVENTION1969 ) .

S/N CONVENTION ENTRY INTO FORCE BANGLADESH

International Convention for Prevention of Pollution


from Ships1973 as modified by the protocol of 1978
17 04.11.2002
relating there to MARPOL 73/78
ANNEX I
18 MARPOL 73/78, ANNEX II 04.11.2002
19 MARPOL 73/78, ANNEX III
20 MARPOL 73/78, ANNEX IV
21 MARPOL 73/78, ANNEX V
22 MARPOL Protocol 1997, ANNEX VI
International Convention on Oil pollution Preparedness
23 13th May 1995
Response and Co-operation 1990 ( OPRC 1990 )

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ISPS Code ( International Ship and Port facility


24 1st July 2004
Security Code )
25 Convention for the Suppression of Unlawful Acts 01st March 1992
against the safety of maritime navigation 1988
( SUA 1988 )
International Convention on Maritime Search and 22nd June 1985
26
Rescue 1979 ( SAR 1979 )

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.

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9) International Grain Code ( International


Code for the Safe carriage of Grain in
Bulk ).
10) IBC Code ( International Code for the Construction and
Equipment of ships carrying Dangerous Chemicals in bulk ).
11) IGC Code ( International Code for the Construction and
Equipment of ships carrying Liquefied Gases in bulk ).
12) IMDG Code ( International Maritime Dangerous Goods
Code ).
13) INF Code ( International Code for the safe carriage of
packaged irradiated Nuclear Fuel, Plutonium and high level
Radioactive wastes in flasks onboard ships ).
14) ISM Code ( International Safety Management Code ).
15) ISPS Code ( International Ship and Port facility Security
Code ).
16) FSS Code (International Code for Fire Safety System).
17) FTP Code (International Code for Application of Fire
Test Procedures).
18) HSC Code ( International Code of safety for High Speed
Craft ).
19) LSA Code ( International Life Saving Appliances Code ).
20) TDC Code (Code of safe practice for ships carrying
Timber Deck Cargoes).
21) MODU Code ( Code for the Construction and Equipment
of Mobile Offshore Drilling Unit ).
22) OSV Code ( Code of Safe practice for the carriage of
cargoes and persons by offshore supply vessels ).

ILO ( International Labour Organization ) :


The International Labour Organization, a special agency of the United
Nations dealing with employment and workers welfare matters.

ILO Conventions :
ILO conventions concerned with in relation to seafarers health,
safety and welfare matters mostly.

ILO Members :
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It has 175 member states.

ILO Purpose :
ILOs main purpose is to raise world labour standards by building
up a code of international law and practice.

ILO Convention No 147 :


Is commonly known as the Minimum Standards convention.
Is one of a number of important conventions compliance with
which is checked in Port State Control inspections ofships under
existing MOU ( Memorandum Of Understanding ).

ILO Conventions concerning Seafarers : ( MRS HAR PASS )


a) Medical Examination.
b) Repatriation.
c) Social Security.
d) Hours of Work.
e) Articles of Agreement.
f) Redundancy.
g) Pensions.
h) Annual Leave with pay.
i) Sickness Insurance.
j) Sickness benefit.

Headquarter :
Its Headquarter is in Geneva, Switzerland.

UNCLOS ( The United Nations Convention on the Law Of the Sea ) :


The United Nations Convention on the Law Of the Sea widely known as
UNCLOS.
Attempts to codify the International Law of the Sea.
Is a treaty document.
Came into force internationally on 16th November 1994.

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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.

Transit Strait Passage :


Transit base passage means passage through a narrow strait between
two island states.

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.

Exclusive Economic Zone ( EEZ ) :


Exclusive Economic Zone ( EEZ ) extending to 200 nm from the
baselines.

Continental Shelf :

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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.

Extended Fisheries Zone ( EFZ ) :


Extended Fisheries Zone ( EFZ ) extending to 200 nm
from the territorial sea baseline.

High Seas : ( ETA )


All part of the sea is not included in the
i) Exclusive Economic Zone ( EEZ ).
ii) Territorial sea or Internal waters of a state.
iii) Archipelagic waters of an Archipelagic state.

Freedom of High Seas : ( NOL FSC )


Freedom of high seas are the freedom of ---
i) Navigation.
ii) Over flight.
iii) To lay submarine cables and pipelines.
iv) To construct Artificial Islands and other Installations
permitted under international law.
v) Scientific research.

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. .

Conditions of innocent passage not being innocent :


The innocent passage of a foreign vessel shall be considered
prejudicial ( not innocent ) to these conditions if it engages in any of the
following activities : ---

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1) Any threat to the security or sovereignty of the country as stated by UN.


2) Any exercise of practice with weapon of any kind.
3) Any act to aim to collect information to the prejudice of the defense of the
coastal state.
4) Any act of propaganda aimed at effecting the defense or security of a coastal
state.
5) Any act of willful and serious pollution contrary to UNCLOS.
6) Any fishing activities.
7) Any act aimed at interfering with any systems of communication or any other
facilities or installation of the coastal state.
8) Launching, Landing or Taking onboard of any Military Aircraft.
9) Launching, Landing or Taking onboard of any Military Device.
10) Loading or unloading of any Commodity, Currency or Persons contrary to the
Customs, Fiscal, Immigration or other rules and regulations of the
coastal state.
11) The carrying out of research or survey activities.
12) Any other activity not having a direct bearing on voyage.
13) The illicit traffic of narcotic drugs or psychotropic substances.
14) Submarine and other underwater vehicles not navigating on the surface and
not showing their nationality.

N.B. Article 17 : Right of innocent passage.


Article 18 : Meaning of innocent passage.

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 : ---

i) If the crime and its consequences entered to the coastal state.


ii) If the crime disturbs the country peace.
iii) Drug trafficking.
iv) Flag state can request.

Annual Notice to Mariners No 12 :

1) A list of states that have ratified UNCLOS is published in ANM No12.


2) A list of known claims for territorial limits is published in ANM No12.
3) Details of claimed contiguous one are listed in ANM No12.
4) States claiming Archipelagic status are listed in ANM No12.
5) Known claims to fisheries jurisdiction limits are listed in ANM No12.
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6) Coastal states claiming an EEZ are noted in the ANM No12.

Importance of UNCLOS for the Master & Duty officer :


UNCLOS is very important for the Master & Duty officer because of
the following but not limited to: ---
i) UNCLOS provisions relating to zones of coastal state jurisdiction
and the high seas.
ii) UNCLOS provisions relating to pollution prevention.
iii) UNCLOS provisions relating to Port state, Coastal state and Flag
state control of shipping.

i) UNCLOS provisions relating to zones of coastal state jurisdiction and the


high seas : ---
a) UNCLOS sets the Territorial sea and Contiguous zone & it defines
Innocent passage, Transit passage, Archipelagic states and
Archipelagic water.
b) UNCLOS establishes EEZ and Continental shelf regulations control
for marine pollution.
c) States in dispute about their interpretation of UNCLOS may submit
their disagreements to competent courts such as the International
court of Justices ( in Hague ) or the Law of the Sea Tribunal ( in
Hamburg ).

ii) UNCLOS provisions relating to pollution prevention : ---


a) State must agree with international rules and standards to prevent
pollution from vessels. ( MARPOL 73 / 78 ).
b) Coastal states and ports may make entry into internal waters and
harbours conditional on meeting additional pollution regulation.

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.

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Article 217 : Enforcement by flag state.


Article 218 : Port state jurisdiction.
Article 200 : Coastal state jurisdiction.

Article 218 : Port state jurisdiction : ---


Port state may inspect the vessel ---
Where the evidence warrants.
Violation of any international
rules.
Flag state may request.

Article 200 : Coastal state jurisdiction : ---


Port state may inspect the vessel ---
Where the evidence warrants.
Violation of Laws & Regulations of Coastal states.
Violation of Pollution laws in an EEZ.

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 ( International Safety Management ) :


The International Management code for the safe operation of the Ships
and pollution prevention is known as ISM.

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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.

SMS ( Safety Management System ) :

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The Safety Management System is a structured & documented system


enabling company personnel to effectively implement the company safety &
environmental protection policy.

Functional requirement for a Safety Management System ( SMS ) :


Each company should develop, implement & maintain a SMS which
includes the following functional requirements : ---
1) A safety and environment protection policy.
2) Instructions & procedures to ensure safe operation of ships &
protection of the environment in compliance with the relevant
international & flag state legislation.
3) Levels of authority defined.
4) Procedures for reporting accidents & non-conformity with the
provisions of this code.
5) Procedures to prepare for the respond to emergency stations.
6) Procedures for internal audits & management reviews.

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.

DPA ( Designated Person Ashore ) :


To ensure safe operation of each ship & provide a link between
company & crew, every company, as appropriate, should designate a
person ashore ( DPA ) with direct access to highest level of management.

Responsibility:
Monitoring the safety & pollution prevention aspects of the
ships operation is the main responsibility of DPA.

DOC ( Document Of Compliance ) :

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1) After satisfactory assessments completed ashore and onboard by the Flag


state Administrations or authorized classification societies on their behalf,
DOC is issued to company.
2) It is valid for 05 years.
3) Renewal verifications have to be carried out before they expire, anytime
from 06 months before the expiry date but no later than this.
4) If it is withdrawn the Safety Management Certificate will also be
withdrawn.
5) Audited annually by Flag state or authorized classification societies on
their behalf.
6) A copy is held onboard the vessel.

Interim Document Of Compliance :


A special transitional arrangement in cases of change of Flag or Company
is known as Interim Document of Compliance.
It is valid for 12 months and issued to newly established company.

DOC ( Document Of Compliance ) for Dangerous Goods :


Document of Compliance with the special requirements for the ships
carrying dangerous goods is required if that ship intended to carry dangerous
goods.
The validity of the certificate should not exceed 05 years & should not be
extended beyond the expiry date of the valid Cargo Ship Safety Construction
Certificate.
The certificate indicates that the ship is complying IMDG code, BC code
and as well as it is suitable to carry DG cargo.
The certificate will contain the following informations ---
i) Ships Name.
ii) Call Sign.
iii) IMO Number.
iv) Type of ship.
v) Port of Registry.
vi) Issue Date & Validity.
It has an appendix where space to be indicated in the ships plan with
number of DG cargo against ships hold.

DOA ( Document Of Authorization ) :

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In accordance with the Merchant Shipping Grain Regulation every ship


which is to carry grain must have on board a Document of Authorization ( DOA ).
This is a booklet of Stability informations which includes grain loading
conditions & other informations which indicates that the ship meets the relevant
SOLAS requirements for carrying grain. The booklet must be stumped by the
Administration of the country in which the ship is registered.

SMC ( Safety Management Certificate ):


1) After satisfactory assessments completed ashore and onboard by the Flag
state Administrations or authorized classification societies on their behalf,
SMC is issued to the ship with the following condition ---
The company has a DOC.
The ship is in a class with a society meeting IMO
requirements.
The ship holds valid statutory certificates as required.
2) It is valid for 05 years.
3) Renewal verifications have to be carried out before they expire, anytime
from 06 months before the expiry date but no later than this.
4) At least one intermediate audit between 2 and 3 years.
5) It can be withdrawn if there is major non-conformity.

Interim Safety Management Certificate :


A special transitional arrangement in cases of change of Flag or Company
is known as Safety Management Certificate.
It is valid for 06 months.

Lloyds Open Form ( LOF ) :

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It is basically No cure, No pay agreement. If the salvor does not


succeed, he does not earn a reward.

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.

Flag State Control :


Flag state control means enforcement of international regulations by the
administration of the Flag state. i.e the Government of the country whose flag
the vessel is flying. Because some flag states are unable or unwilling to enforce
international regulations. Flag state control is not always applied as it should be,
hence the reason for the introduction of Port State Control.

Flag State Administration :


Flag state administration means the official body responsible in a state for
carrying out the functions of a flag state. In most cases, the administration is the
Government of the state, although some small states delegate their shipping
responsibilities to another body.

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Functions of Flag state:

1) Setting, monitoring and enforcing standards of safety and pollution


prevention on vessels flying the states flag.
2) Enforcing international standards of safety & pollution prevention on
foreign ships visiting the states ports.
3) Drawing up setting and enforcing statutory merchant shipping regulations
for the Flag state.
4) Surveying & inspecting vessels in accordance with domestic &
international regulations.
5) Setting & enforcing standards of seafarers competency.
6) Investigating accidents including ships flying States flag & ships of other
flags when in the States water.
7) Approving equipment types for vessels under international regulations.
8) Advising on matters such as loading of hazardous cargoes and other safety
matters.
9) Maintaining a register of ships flying States flag.

Governing Body of Flag state of some countries :

COUNTRY Governing Body


Bangladesh DG
India DG
Singapore MPA
Australia Australian Maritime Safety Authority ( AMSA )
USA The United States Coast Guard ( USCG )
UK The Maritime Coastguard Agency ( MCA )

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PSC ( Port State Control ) :


Enforcement of the international regulations by the administration of a
port state visited by a ship flying a flag other than that of the port state is known
as Port state control. For example, in Bangladesh, a Bahamas ship may be subject
to a port state control inspection by a Bangladesh inspector, where as a
Bangladesh flag ship could be inspected only under flag state procedures.
Flag state should confirm that the ship is meeting all the regulations
implemented by IMO and it is seaworthy. But Flag state cannot check all the
vessels of its own register due to some limitations. For this reason Port state
control implemented which will do the job to confirm this.

Regulations under which PSC can inspect a vessel :

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.

PSC might check :


i) Musters.
ii) Abandonment & Fire Drills.
iii) Inter crew Communications.
iv) Personnel Rescue Drills.

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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Paris Memorandum ( Regional port state control agreements ) :


Paris Memorandum is one of the regional PSC agreements in operation.
Parties :
1) Belgium 6) Greece 11) Poland
2) Denmark 7) Ireland 12) Portugal
3) Finland 8) Italy 13) Spain
4) France 9) Netherlands 14) Sweden
5) Germany 10) Norway 15) UK
Co operating Countries :
1) Canada 4) Russian Federation
2) Croatia 5) USA
3) Japan
Target inspection rate :
They set a target to inspect 25% of all foreign ships entering ports.
( UKs target is currently 30 % ).
Relevant instruments :
1) Load line 1966.
2) LL Protocol 1988.
3) SOLAS 1974.
4) SOLAS Protocol 1978, 1988.
5) MARPOL 73 / 78.
6) STCW 1995.
7) COLREG 1972.
8) ILO 147.
Special attention given to :
1) Passenger ships.
2) Ro Ro ships.
3) Bulk carriers.
4) Ships which may present a special hazard.
5) Ships which have had several deficiencies.
6) Ships flying the flag of a state appearing in the 3 years rolling
average table of delays and detentions.

Working language : English & French.


Signed : 1978.

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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.

In other words Classification society is a group of experts having full


integrity to ensure that the ship is constructed complying with the international &
local regulations and can ensure the safety during voyage. They have ---
a) Integrity c) Authority from Flag state
b) Expertise d) Member of IACS
IACS : International Association of Classification Society
Over 70 Organizations in the world claim to be classification societies but
few of these fit the above definition.

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.

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Official Log Book ( OLB ) :


It is a document which is to be filled for the requirement of flag state as
well as for the company.

Law for OLB & Ships exempted from this :


The Merchant Shipping ( Official Log Book ) Regulations 1981 ( as
amended ) is required an Official Log Book to be kept onboard.
All ships are required to carry OLB onboard other than the following ---
a) Ships belonging to general light house authorities.
b) Ships under 25 GT.
c) Pleasure crafts.

Recommendation of OLB during change of Command :


(i) The outgoing Master should make an entry ( Entry no.4 ) in the Narrative
section to the effect that he has delivered to the incoming Master, all
documents relating to the ship & the crew. Both outgoing & incoming
Master should sign this entry.
(ii) The incoming Master should add his name & certificate number to the
list on the front cover.

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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11 Prosecution advised Nar. M* C


12 Accidents Nar. M C
13 Conveyance order Nar. M C

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

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By ------ M- Master, M*- Master only, PO- Proper officer,


D- Doctor, S- Superintendent.
Witness--- N- None, C- Crew, O- Officer, MC- Mother of child.

Certificate to be carried by Bangladesh flagged vessels:


Certificates :
1) Certificate of Registry.
2) Cargo ship Safety certificate.
3) Cargo ship Safety Construction certificate.
4) Cargo ship Safety Equipment certificate.
5) Cargo ship Safety Radio certificate.
6) Certificate for handling Cargo gear.
7) Certificates for Master, Officers & Ratings.
8) Certificate of Fitness for the transportation and handling of limited
amounts of hazardous substances in Bulk.
9) Certificate of Fitness for the carriage of Dangerous chemicals in Bulk
( for Chemical tankers constructed before 01st July 1986 ).
10) International Certificate of Fitness for the carriage of Liquefied gases in
Bulk ( for Gas carriers constructed on or after 01st July 1986 ).
11) Certificate of Fitness for the carriage of Dangerous chemicals in Bulk
( for Chemical tankers constructed before 01st July 1986 ).
12) International Certificate of Fitness for the carriage of Liquefied gases in
Bulk ( for Gas carriers constructed on or after 01st July 1986 ).
13) SSCC ( Ship Sanitation Control Certificate ) or SSCEC ( Ship
Sanitation Control Exemption Certificate ).
14) Exemption certificate ( where any exemption is granted ).
15) High speed craft Safety certificate.
16) International Load line certificate.
17) International Load line exemption certificate.
18) International Tonnage certificate.
19) International Oil Pollution Prevention certificate.
20) International Oil Pollution Prevention certificate for the carriage of
Noxious Liquid substances in Bulk.
21) International Sewage Pollution Prevention certificate.
22) International Air Pollution Prevention certificate.

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23) Supplement of CSEC ( required by Tankers 10 years old or more after


intermediate survey ).
24) Supplement of CSSCC ( required by Tankers 10 years old or more after
intermediate survey ).
25) Special trade Passenger ship certificate.
26) Safety certificate.
27) Special purpose ships Safety certificate.
28) Additional certificate for offshore supply vessels.
29) Safety management certificate.

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.

Chemical Tankers Documents & Certificate:

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 ).

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8) SSCC ( Ship Sanitation Control Certificate ) or SSCEC ( Ship


Sanitation Control Exemption Certificate ).
9) Exemption certificate ( where any exemption is granted ).
10) International Load line certificate.
11) International Load line exemption certificate.
12) International Tonnage certificate.
13) International Oil Pollution Prevention certificate.
14) International Oil Pollution Prevention certificate for the carriage of
Noxious Liquid substances in Bulk.
15) International Sewage Pollution Prevention certificate.
16) International Air Pollution Prevention certificate.

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.

Deratting & Deratting exemption certificate :


Deratting & Deratting exemption certificate are required under Article 54
of the International Health Regulations.
Under the regulation every ship must be either permanently kept free of
rodents or periodically deratted and must carry either Deratted certificate or
Deratted exemption certificate.
The certificate issued by a health authority of an approved port, which after
inspection has found no evidence of rats on ship and confirms with the model
contained in the regulations is called Deratting exemption certificate.
The certificate issued by a health authority of a designated approved port
after successful de-rating of the ship confirms with the model contained in the
regulations is called Deratting certificate.
Both certificates remain valid for 06 months, extendable by 01 month to
enable the vessel to proceed to an approved port for either deratting or inspection.

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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.

Designated Approved Port :


A designated approved port is any country which is party to the
International Health Regulations, after successful de-retting of the ship can issue a
Deratting Certificate.

Purpose of Ships Registration :


The Certificate of Registry can be compared with a passport. COR shows the
nationality of the ship. The main purposes of ship registration are ---
1) To establish the ships Nationality, Measurements & Tonnage for the
identification purposes.
2) To provide documentary evidence of Ownership.
3) To allow the ship to operate commercially.
4) To enable the ship to trade internationally.
5) To facilitate easier sale & purchase of the ship.
6) To facilitate ship finance.
7) To enhance the value of the ship.
8) To grant recognition as a vessel of the flag state and to enjoy the normal
privileges accorded to vessels of that state.

Contents of Certificate of Registration:


1) IMO number.
2) Name of ship.
3) Port of Registry ( POR ).
4) Official number.
5) Radio call sign.
6) Type of ship.
7) Year of build.
8) Length.
9) Breadth.
10) Depth.
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11) Gross Tonnage.


12) Net Tonnage.
13) Ownership details of the ship.
14) Date & time of issue of certificate.
15) Date of expiry of certificate.
16) Method of Propulsion.
17) Engine Make / Model.
18) Total power in KWs.
19) Address of RSS ( Registry of Shipping and Seaman ).
20) Instructions if the certificate is lost, stolen, destroyed or defaced.
( If the COR is lost the Master should inform the owner, who
then applies to the RSS for a duplicate COR, enclosing a fee.)

Process of Bangladesh Registration ship :

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.

Bangladesh Registration Abroad :

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A vessel wants Bangladesh Registration at abroad must have to contact with


Registrar General of Bangladesh through Owner or his Agent. A ship owner must
have to show all statutory certificates with fees of registration to Registrar
General. If he satisfied, then RG sends a letter to the consular of that country
where the ship is lying.
Then a certificate is issued by the consular on behalf of the RG of
Bangladesh. The name of that certificate is Temporary Pass Certificate.
The validity of that certificate is until the ship reaches in Bangladesh port. If
the ship is not coming in Bangladesh port, it may be issued for 01 or 02 months
but it is not fixed.

Revalidation of Certificate / Extending a Certificate :


If a certificate of a Bangladesh Registered vessel expires during voyage, can
extend the period until ship returns to Bangladesh port and Department of
Shipping can extend the certificates except ---
i. Ship Construction.
ii. Load Line &
iii. MARPOL
These certificates are revalidated by the classification society of the ship
after survey if necessary.
An application to be submitted to the DG of shipping. After it is processed
by the DG, the CNS grants an extension and advice is sent by fax to Bangladesh
Embassy of the port where the ship is arriving. The consulate then signs on behalf
of the DG of shipping of Bangladesh.

Advantages of Ships Registration :


Foreign Corporation can register a ship without being established in the
territory. The advantages are ---
1) The beneficial ownership of the ship may remain anonymous.
2) Low taxation and other fiscal incentives.
3) No crew nationality or employment requirements.
4) Relaxed ship age limit.
5) No minimum ship tonnage requirement.
6) When the company is required to form in the state, there are low
formation costs.

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The fair practice committee of the International Transport Workers


Federation ( ITF ) decides the flags of convenience.

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.

Procedure for Dismissal :

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.

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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.

Procedure for Dismissal in case of Drunken Seaman :


1) Master should make navigational watchman aware of the circumstances.
2) If possible resolve the problem arising onboard before reaching the formal
dismissal proceeding stage.
3) Ensure the safety of the ship, personnel and the seaman himself.
4) Sober him up until then he has a potential liability to other.
5) Discipline him in accordance with the MN code of conduct, if applicable.
6) Remove him from duty & substitute another.
7) Formal warning by the Head of the department ( Chief Officer in case of
Deck & Saloon crew & 2nd Engineer in case of Engine crew ).
8) 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.
9) Give a D & A test before he starts work again.
10) 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.
11) 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.

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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.
12) After careful & throughout investigation & having considered all evidence,
Master should orally inform watchman whether or not he committed the
alleged breach.
13) If the watchman did commit the breach, he should be dismissed
immediately or at the next port.
14) 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.
15) A copy of OLB entry relating to his case should be given to him & he
should acknowledge receipt by signing.

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.

Hague Visby Rules :

This is an internationally agreed rules, drafted by lawyers, defining the


contractual obligations, rights, liabilities and immunities of sea carries and cargo
shippers apply to all goods shipped under bill of lading terms except for ---
a. Live animals &
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b. Cargo which is stated by the contract of carriage as


being and is actually carried on deck.
With the introduction of new modes of carriage, particularly the advantage
of the container & change in the value of money, Hague rules needed amending
and in 1968, after meeting by interested parties the Hague rules 1920 were
amended by protocol signed at Brussels on 23rd February 1968. The amended
version is called Hague-Visby Rules. It should be noted that for the time being the
provisions of the Hague will continue to apply in states which have not enacted
the Hague-Visby Rules.

Safe Manning Document ( SMD ) :


This is a document stating generally the minimum number of person required
onboard a ship to run the ships operation smoothly & safely. The number of person
required onboard depends on the ships GRT, Type & Route she is trading.

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.

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7) Maintain the precautions & safeguards necessary to protect the


marine environment in accordance with MARPOL 73/78 as
amended.
8) Maintain safety in all ship operations in port and at sea when the ship is
not underway.
9) Operate & maintain effectively LSA & FFA items.
10) Provide medical care onboard ship.
11) Operate & maintain effectively all watertight closing arrangements
including the ability to mount an effective damage control party.

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.

Lay time Statement :


Lay time statement is a signed document on which the agent has made a
calculation of the amount of demurrage or despatch owned to either owner or
charterer respectively, as the case may be, using the facts in the statement of facts.
The lay time statement ( sometimes confusingly called a lay days statement ) is
submitted to both owner & charterer. Several layouts are in use including a
BIMCO recommended format and various charterers styles; each slightly
different but containing the same essentials, this being columns for Day, Date,
Time or Hours worked, Remarks, Lay time used, Time saved or time on
demurrage. Space is left at the foot for despatch or demurrage calculations.

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.

Liabilities between Owner & time Charterer :

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.

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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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3) Robbery & Thefts.


4) Barratry. e.g. wrongful act on the part of the crew delaying the voyage.
5) Fire.
6) Neglect or default of Master, mariner, pilot, fire, unless caused by actual
fault or privities of the carrier etc.
7) An explosion, bursting of boilers, breakage of shaft & latent deflects.
8) Any other cause arising without the actual fault or privities of the carrier
or without the fault or neglect of the agents or servants of the carrier.

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.

Bare boat Charter :


Bare boat charter means the hiring of a ship for a stipulated period of time
on term which gives the charterer possession & control of the ship, including the
right to appoint his own crew.

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.

Bill of Lading ( B/L ) :


A Bill of Lading is a receipt issued on behalf of the carrier for goods either
received into his custody or shipped on board his vessel. It is not a true contract
(since it is signed by only one party) but is good evidence between the shipper
and carrier.
Types :
i) A Long form B/L. viii) A Clean B/L.
ii) A Short form B/L. ix) A Dirty B/L.
iii) A Direct B/L. x) Original B/L.
iv) A combined Transport B/L. xi) Copy of B/L.
v) A Through B/L. xii) Liner B/L.
vi) A Shipped B/L. xiii) Charter party B/L.
vii) An Order B/L. xiv) Tanker B/L.

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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b) The date of the shipment is correct.


c) The B/L is not marked freight paid or freight prepaid if not true.
d) Any clausing of the corresponding M/R is also contained in the B/L.
e) Any C/P ( Charterer party ) terms do not conflict with the B/L terms.
f) Reference is made to the C/P ( Charterer party ) where one exists.
g) The number of original bills in the set is stated.

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.

Difference between Towage & Salvage:

S/
TOWAGE SALVAGE
N

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01 Fixed contract. Arbitratory contract.


02 Fixed pay. No fixed pay.
Normal circumstances ( No
03 Peril exists.
Peril )
04 Service not voluntary. Voluntary service.
05 Payment irrespective of success. Payment dependent on success.
No cure, No pay in many
06 The work and the price are fixed.
salvage contracts.

Towage becomes Salvage:


Where a vessel is contracted to tow but render services beyond the call of
the towage contract, she may possibly have a claim for salvage ( this being
determined by a court of arbitrators ). However the party claiming salvage
would have to show that the service changed from towage to salvage not
through want of skill on his part but by some accident over which he had no
control.

Marine Loss :

Marine Loss

Total Loss Partial Loss

Actual Loss General Average (GA)


Presumed Loss Particular Average (PA)
Constructive Loss

Actual Total Loss :


When the ships goods completely destroyed then it is said to be Actual
Total Loss. Actual Total Loss can be declared for the following ---
a) When a ship or cargo is destroyed by fire.
b) When a ship or cargo is sunk under water so deep that it would be
technically impossible to recover.
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c) When goods changes their character to such a degree that unable to


express their condition when it was insured.

Total Constructive Loss :


The loss which can not be preserved from actual total loss without an
expenditure which would exceed its value is called Total Constructive Loss.
Total Constructive Loss can be declared for the following ---
a) When a ship is so badly damaged that the cost of repairs would
exceed the value of repaired vessel.
b) When a ship was ashore in a position from which it would be difficult
to refloat her.
c) When a ship & her cargo was trapped in a war situation.

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 ).

GA fulfill 5 points ( Essential elements of GA act ) :


1) The sacrifice or expenditure must be extraordinary.
2) The sacrifice or expenditure must be reasonable.
3) The act must be intentional or voluntary and not inevitable.
4) There must be a peril.
5) The action taken must be for the common safety and not merely for the
safety of part of the property involved.

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.

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c) Fire or Explosion damage.


d) Collision damage.
e) Contact 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.

Selecting Next Port to repair damage / How to choice POR :


A POR ( Port of Refugee ) or Next Port is any port selected when the master
considers it is unsafe for the vessel to continue her voyage. There must be a valid
reasons for deviating to POR which usually include ---
a) Weather.
b) Serious Hull damage ( e.g. from Collision or Grounding damage
effecting seaworthiness of ship ).
c) An inextinguishable Fire.
d) Dangerous Shift of Cargo.
e) Serious Machinery breakdown which is not repairable at sea.
f) Any other Accident causing some serious threat of the vessel & cargo
( i.e. loss of Propeller or Rudder ).
The following considerations taken into account to select POR but not limited to--
1) A port or place ( POR ) where vessel temporarily seeks shelter from
adverse weather.

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2) To the nearest port at which there is a class surveyor, which would


probably be the same as the nearest port with repair facilities.
3) It may be an intermediate port or even an original loading port if returned
to for some reasons related to vessels safety.
4) A port is not POR unless entered for the benefit of all parties to the
adventure.

Legal procedure for POR :

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.

Whom to inform about the Deviation for POR :


At first I have to inform ship owner ( DPA ), then Charterer & Agent at the
original destination port. I would request owner to nominate an agent for me to
contact at the POR and the P & I correspondent. Owner should contact the
Classification society surveyor. In any respect P & I club of the owner will
normally advise him in all respect.
On contacting nominated port agent, request him to notify relevant officials
(i.e. Port state administration, Harbour authority, Customs, Immigration, Port
health etc.)

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.

When to Note of Protest :


i) After the ship has been damaged from any cause.
ii) After every case of General Average.
iii) After encountering wind / sea conditions which may have damaged the
cargo.
iv) After encountering wind / sea conditions which cause failure to make a
canceling date.
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v) After cargo is shipped in a condition likely to deteriorate during the


voyage.
vi) After serious breach of the charter party by the charterer or his agent.
vii) After a consignee fails to discharge or take delivery of the cargo or
fails to pay freight.

Note of Protest procedure:


i) Go to notary with one or more witness.
ii) Take OLB, Deck log book & other relevant information surrounding
the event being protested.
iii) Make sworn statement before notary.
iv) Obtain at least 03 certified copies of protest.
v) Pay fee ( Master, disbursement ) and obtain receipt.

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.

Maritime Declaration of Health :


It is the basic document containing the data required by the port health
authorities relating to the state of health on board a ship during the voyage on
arrival at a port.
It is required to obtain free pratique where Master shows the state of health
of all persons on board as certain.
It is made under the World Health Organization, International Health
Regulations 1969, Articles 81.

Information required in a Maritime Declaration of Health :


Maritime Declaration of Health forms varies from port to port but usually
requires the following informations ---
i) Port of arrival.
ii) Date.
iii) Name of ship.
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iv) Ports from / to.


v) Masters name.
vi) Nationality of ship.
vii) NRT.
viii) Deratting or Deratting Exemption certificate issued (Date & Place)
ix) Number of Passengers.
x) Number of Crew.
xi) List of ports of call from commencement of voyage with dates of
departure.

Six ( 06 ) questions on the Maritime Declaration of Health require Yes or No


answer from the master are given below ---

a) Has there been any case or suspected case of Plague, Cholera or


Yellow fever on board during the voyage ?
b) Has plague occurred or been suspected amongst the rats or mice on
board during the voyage or has there been an unusual mortality
among them ?
c) Has any person died onboard during the voyage otherwise than as
a result of accident ?
d) During the voyage is there or has there being any case of illness on
board which you suspect to be an infectious nature ?
e) Is there any sick person onboard now ?
f) Are you aware of any other condition on board which may lead to
infection or spread of infectious disease ?

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.

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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.

Bangladesh Merchant Shipping Ordinance 1983 ( BMSO83 ) :

Ordinance no. XXVI of 1983 is known as Bangladesh Merchant Shipping


Ordinance 1983 in short BMSO83. Our shipping is presently guided by the
BMSO83 and its amendments. Our present ordinance has been passed in 1991 to
an Act but unfortunately it has not yet been printed and circulated by gazette
publication. So the ordinance is still in effect.
The Ordinance has 45 chapters and 513 sections or rules. As in all ordinance
most chapters has a section stating power to make rules and many chapters has a
section stating penalty for violation of the rules of the respective chapters.

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Tanker Category :

MARPOL Tanker :
Category 3 tankers, i.e. ships delivered after 05th April 1977 but
before 01st January 1978.

Non MARPOL Tanker :


Tankers not complying 13 G, i.e. Prevention of Oil pollution in the
event of Collision or Stranding measures for existing tankers.

Pre MARPOL Tanker :


Category 1 tankers, i.e. ships delivered on 05th April 1982 or earlier.

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.

Hull & Machinery Insurance :


Hull & Machinery cover is usually obtained for ship owners & managers
from underwriters by brokers who act as agents of assureds.
On instructions from the assured, the broker prepares a slip for presentation
of the subject matter details to underwriters.
The broker contracts with one or more underwriters to pay an agreed
premium for a policy covering loss or damage etc.

Coverage :
1) Actual total loss or constructive total loss of ships Equipments,
Hull & Machinery.
2) Accident damage (PA) to ships Hull, Machinery & Equipments.

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3) th of his liability to owners of other vessel ( or these cargoes )


with which his ship collides.
4) Liabilities for General Average charges.
5) Liabilities for Salvage charges.

P & I Club Coverage :


Following Risk, Liabilities & Expenses are covered by P & I Club ---
1) Collision liabilities.
2) Cargo loss, shortage & damage.
3) Injury, illness & death of crew / passenger / stevedore.
4) Repatriation of cargo & Replacement.
5) Diversion expenses in Landing, Refuse, Sick persons & Stowages.
6) Pollution damage.
7) Contractual liabilities including Towage.
8) Unrecoverable GA.
9) Salvors expenses under LOF.
10) Wreck removal.
11) Fines on Innocent Breach of Regulations.
12) Legal cost of cases.

Coverage of Collision :

Following a collision the underwriters agree to pay of the of the


amount of damages and remains uninsured. But in proactive it is casually
covered by mutual insurance through a protecting & indemnity association. But
P & I only covers the claims in cargo and loss of life or personal injury.
But if a ship sinks after a collision, underwriter will have to pay the total
loss indemnity & claims arising under the running down clause.

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

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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.

Six standard form to declare in port as per IMO :


Following six standard forms has to be declared in port as per IMO ---
1) IMO Crew list.
2) Crew Personal effect declaration.
3) Ships Stores declaration.
4) Cargo declaration including IMDG cargo ( goods ) with class.
5) Maritime declaration of Health.
6) Passenger list.

Sister ship Clause :


It allows vessels owned wholly or partially the same owners or under the
same management to be treated in the event of collision or salvages as if they
were owned by different companies.
In such cases the liabilities are to be referred to a mutually agreed sole
arbitrator.

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.

Masters Obligation after Collision :


In every case of collision between two ships it shall be the duty of the
Master of each ship if and so far as he can do so without damage to his own ship,
crew & passenger ( if any ) take following actions ---

Instant Action :
i) Stop the engine.
ii) Plot the Position of the vessel.
iii) Raise the General alarm.
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iv) The compass Heading should be noted.


v) Send Urgency message of collision.
vi) Close watertight Doors.

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.

Protest for the interest of owner :

1) Generally, liability should never be admitted.


2) To send Note of Protest to other vessel.
3) If Master receives Note of Protest from other vessel, he should reply
denying any liability but accepting any invitation to attend a survey on the
other vessel without prejudice.
4) All evidence gathered should be stored securely until it could be passed to
the companys P & I club or solicitors.
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5) Crew members should be warned of the importance of not giving statements


to any persons other than lawyers and investigators acting for the owner.

Records should be preserved :


The following records should be preserved ---
1) Deck & Engine room Log books.
2) Movement books & contemporaneous notes.
3) Exact location of collision.
4) Exact time of collision, stating whether UTC or Local time.
5) Difference between Deck & Engine room clock.
6) List of all navigation equipment in use at the time of collision.
7) Full details of both ships, including Name ( correctly spelt ), Port of
Registry, Call signs & Gross tonnage.
8) Statements from all witness to the collision, if possible from pilots, tug
masters etc.
9) In the case of a collision involving a moored vessel, details of mooring
deployed.
10) Names & Positions of other ships in the vicinity at the time of collision.
11) Weather & Tide condition at the time of collision.
12) Graphs & print outs from the bridge equipments in use such as Course
recorder, Echo sounder & Sat nav etc.
13) Details of any pilotage or vessel traffic control in operation at the time
of the collision.
14) Charts in use before & up to the time of the collision ( unaltered &
unerased ).
15) Record of all signals & communications made between the colliding
ships prior to the collision.
16) Estimates of angle impact ( this may have to estimated by expert
surveyor ).
17) Estimates of courses & speeds of both vessels at the time of impact.

Action when Oil Pollution in Deep Sea :


If oil pollution occurs in deep sea, the matter should be informed to the
appropriate authority, which will be found out from ALRS Vol 1 & SOPEP or
SMPEM ( Emergency contact list where the contact number & address of
appropriate authorities throughout the world is given.
Action :
1) Inform nearest Coast radio station.
2) Inform DPA.
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3) Do not use OSD without appropriate authoritys concern.


4) Sample of the oily water should be taken.
5) Entry details in Log Book.
6) Keep record of spillage Position, GMT & approximate quantity
of spill.

Technical action taken by Master to implement new policy to crew :


As per the implementation of ISM, every ship must have their own company
policy. But Master has the overriding authority to implement new policy for the
society, security & maritime environmental protection in case of any emergency.
Master shall issue an appropriate order and instruction in a clean simple
manner & verify that specified orders are observed.
If the Master decides that the attitudes of the ships crews are not
satisfactory or any other emergency, he has the overriding authority to implement
new policy for that period of the voyage. But Master must have to ---
i. Inform the Company.
ii. Record in Official Log Book.

Action to be taken by Master in Malaria effected area :


1) All doors, portholes & other access through where mosquito can come
inside accommodation should be closed at all times.
2) Use mosquito net where necessary.
3) Every person onboard must use full sleeve dress at work & go to shore if
necessary use extra cloth to cover head neck shoulder.
4) Use lotion & spray to protect from mosquito.
5) Control shore leave & make lists who are getting shore leave at night time.
6) Inform all crew that there should not be any accumulation of water inside &
outside of the accommodation. If found clean it at once.
7) Take all other extra precaution which are appropriate for the Malaria
effected port.

Masters Obligation after receiving a Distress Message :


After receiving of Distress message the Masters obligation is to set up
communication with the persons or ship in distress and / or nearest CRS along
with appropriate SAR services. As per their instructions, if required to proceed
with all speed to the assistance to the persons or ship in distress.

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Action to be taken if a Seaman Dies onboard:


1) Obtain witness statement at the time of death.
2) Cause of death established and certified, if possible by a doctor.
3) Inform Manager or Owner.
4) Inform the next of kin of dead seaman by any means within 3 days. This
will probably be done by owner through agent, but Master have to check.
5) Inform the agent at the next port. He will probably have to inform various
local officials, e.g. Port Health, Customs & Police.
6) Inform P & I clubs correspondent at the next port.
7) Have the Safety officer investigate report & make an entry in the accident
book.
8) On receipt of Safety officer report, inform MAIB (by fax, telex, sat com
etc) following up with a completed IRF form, narrative report and inserting
one copy of this in the Official Log Book.
9) Make a return of death on form RBD/1 ( Return of Birth & Deaths ) and
send as soon as possible to a Marine office Superintendent in the UK or a
proper officer abroad.
10) Preserve the body, if possible for landing ashore.
11) Check the safe manning document & ascertain whether a replacement is
required.
12) Master would give order to two officers to tally and pack his gears ready
for returning to the next of kin via the agent at the next suitable port.
13) 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.
14) Master to make up his final account of wages.
15) Master would send the account of wages to the superintendent and wages to
the next of kin of dead seaman.
( MAIB = Marine Accident & Investigation
Branch.)

Action to be taken with a Dead Seamans property & wages :

Dead Seamans Property :


Master would give order to two officers to tally and pack his gears
ready for returning to the next of kin via the agent at the next suitable port.

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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.

Dead Seamans Wages :


Master has to make up a final account of wages ( ASW/2 ) for the
Dead seaman including his overtime etc. in accordance with the Seamans
accounts & wages regulations. He would send the account of wages to the
superintendent or proper officer and wages to the next of kin of dead seaman.

Taking over Command as a Master :


The prudent Master on arriving at his ship should ---
1) Have ready a Checklist of things to do on joining.
2) Inspect the visible exterior of the vessels Draught marks, load line etc.
3) Inspect the rigging of the accommodation ladder or Gangway and access
point.
4) Inspect decks & visible LSA & FFA on the way to the Master quarters.
5) Obtain from the off-going Master the combination of ships Safe and all
Keys.
6) Sight all official Documents.
7) Sight all Monies and accounts in the Masters custody.
8) Sight all owners, managers, classification and P & I documentations in the
Masters custody.
9) Read the relevant Clauses of the Charter party or Bill of Lading.
10) Note any side letters, agendum to C/P, owners or charterers voyage
instruction.
11) Enter his particular to ALC 1(b) { ALC : Agreement and List of Crew }.
12) Sign on entry made in the narrative section of the OLB by the off-going
Master.

Action by new Master before Sailing:

The prudent Master before sailing his ship should ---


1) Inspect the Muster list & ensure that it is updated.

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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.

Masters Responsibility & Authority as per ISM code :

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.

Action by Master if a Bangladesh ship losses Seaworthiness :

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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2) Construction not satisfactory.


3) Qualification of officers & ratings are not standard as per STCW95.
4) Condition of Hull & Equipments is not good.
5) Boilers & Machinery is not in satisfactory condition.
6) Stowage of Cargo & Ballast is not satisfactory.
7) All statutory Certificates and the validation not completely satisfactory.
8) Death or Missing. ( Not fulfilling the minimum safe manning certificate ).
9) Mutiny.

As a Master the above mentioned matters are to be maintained in satisfactory


condition. Master shall take all necessary action as he is responsible to ensure that
the vessel is fully capable of sailing out without any delay & danger. If anything
goes wrong the Master should immediately inform the matter to the Owner ( DPA )
and take action as per his instruction complying SOLAS & ISM.

Masters Responsibility regarding Muster list & Emergency


instructions :

1) To prepare a Muster list before the ship proceed to sea.


2) To maintain the muster list for the duration of the voyage for which it was
prepared.
3) To revise the muster list or prepare a new list, if there is any change in the
crew.
4) To ensure that copies of muster list are exhibited in conspicuous places
throughout the ship including the bridge, engine room & crew
accommodation places.
5) To ensure that clear instructions to be followed in the event of an
emergency that are provided for every person onboard.
6) To ensure that illustrations & instructions in English and in any other
appropriate languages are posted in passenger cabins and conspicuously
displayed at assembly or muster stations and other passenger spaces to
inform passengers of their assembly or muster station, the essential actions
they must take in an emergency and the method of donning Life jackets.

EARLIER QUESTIONS

Flag State

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Page 84 of 86

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 ?

Ship Certification & Certificate of Registry


4) Registration of ship are required under UNCLOS ---
a) What is the purpose of ships registration ?
b) What are the contents of certificate of registration ?
c) What are the process of Bangladesh registration ship ?
5) Write short note on Classification society. What is Lloyds open form ?
6) A vessel wants Bangladesh registration abroad. Who will issue the certificate ?
7) What are the SOLAS & MARPOL certificates to carry onboard ?
8) What are the statutory requirements to employ a lien in Bangladesh flagged
vessel?
9) Write short notes on ---
a) De-ratting Exemption Certificate.
b) Approved port.
c) Designated approved port.
d) OLB
10) What are the certificates to carry onboard by a Bangladesh flagged vessel ?
11) What are the documents & certificates to be carried onboard by a Chemical
Tanker ?
12) What is the SOLAS Certificates Revalidation System ?

Marine Insurance & General Average


13) Define ---
a) GA d) PA
b) GA Act e) Average bond
c) GA fulfill 5 points.
14) What is Salvage ? What is the difference between Towage & Salvage ? What
Towage becomes Salvage ?
15) Write short notes on ---
a) Coverage of Grounding.
b) Hull & Machinery Insurance.
c) Total constructive loss.
d) Partial loss.
The Port
16) What is Safe port ?
17) What is Note of Protest ? State procedure of Note of Protest.
18) What is Stowaway search ?
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19) WHO is the organization concerned with what ?


a) What is maritime declaration of health ? Under which rule
declaration is made ?
b) What information is required in maritime declaration of health ?
c) What is approved port & designated approach port ?
20) Sate the procedure as a Master to take over command from a foreign port.
21) Define ---
a) Gross Tonnage.
b) Net Tonnage.
c) Sister Clause.
d) Towing Clause.
22) What is ISPS ? What records to be maintained under ISPS ? What are the
responsibilities of a ship in security system ?

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.

IMO Treaty Documents


29) Write short notes on IMO.
30) Define ---
a) Conventions. d) Recommendations.
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b) Protocols. e) Codes & Guidelines.


c) Amendments. f) Resolutions.
31) State the chapters of SOLAS.
32) What is the amendments about code of SOLAS chapter ?
33) Give the list of SOLAS codes with date.
34) Name the conventions that Bangladesh has already signed.
35) State the amendments of MARPOL.
36) Outline the contents of STCW95 as per Maritime Labour Convention 2006.
37) List the name of conventions of ILM till date with date.
38) What is UNCLOS ? Why it is important for the Master & Duty Officer ?
39) State UNCLOS relates to Flag state & Country.
40) According to UNCLOS what is innocent passage and in which areas ?

The ships Employment


41) Write short notes on Hague Visby Rules.
42) Define ---
a) Mate Receipt e) Boat note
b) Demurrage f) Lay time
c) Despatch g) Lien
d) Bare boat Charterer h) Maritime Lien
43) What is Charterer party ? What is value of time in Charterer parties ? What is
the relation & liabilities between the Owner & Charterer party ?
44) What is Bill of Lading ? What are the types & signing systems of it ?
45) What are the three things do the carrier liability ? Describe exception to
Liability ?
46) Describe statement of time sheet facts & lay time statements.

Master & Crew


47) Your navigational watchman drinking repeatedly many times. State proper
procedure to follow for dismissal.
48) What is unfair dismissal ?
49) What is Safe manning document & it is under which regulation principle ?
50) State the technical action by the Master, if he wants to implement new policies
to crew.
51) What are the principle of SMD ( Safe manning document )
52) What should be done with a dead seaman property & wages ?
53) As a Master what action you will take in a Malaria affected area ?

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