Business and Law Flashcards
Who is the IMO
International Maritime Organisation
Governing Body that lays down rules and regulations for international shipping, through the production of Conventions, notices and codes.
What is a convention?
Minimum set of internationally agreed upon standards. These are not Legislation at this stage
Once each country agrees to sign up to the IMO, they agree to take the provisions under these conventions into their own national legislation
Two main laws that govern shipping law in UK, and ratify IMO conventions and regulations
PRIMARY legislation
Merchant Shipping Act 1995 as amended
Merchant seafarer health and safety regulations 2010
Merchant shipping act is translated and interpreted through:
Secondary legislation (statutory instruments)
What is an MSN?
A merchant shipping Notice
Contains technical details of statutory instruments, mandatory information, must be complied with
They are for:
Merchant vessels (M)
Fishing Vessels (F)
Merchant & Fishing (M+F)
What is an MGN?
Marine Guidance Note
Gives significant advice and guidance relating to the improvement of safety of shipping and of life at sea, and to prevent pollution from shipping.
What is an MIN?
Marine Information Note
Gives information for/to:
A short period of time
A specific, relevant small group of people, such as training establishments, or equipment manufacturers
They are for:
M
F
M+F
What is MSN 1858?
Requirements for Deck Officers on large Yachts over 24m
Outlines the regulatory requirements regarding the implementation of training elements applicable under chapter II, article IX of the STCW convention and code
A recent MGN I have been reading
MGN 681
MGN 550
MGN 681
Designed and targeted at yachts
Outlines:
The presence of incidents involved with the storage of lithium batteries
Need for training of crew in dangersof lithium batteries
Need for training of crew in the use of special FFE
Fit battery lockers from build on new yachts, and retro fit on old yachts
READ IN COMBINATION with MGN 550
Deals with the storage requirements and solutions, with regards to lithium batteries
What is COSWP?
To who should it be available on board?
Code of conduct giving guidance on the health and safety of Seafares at sea
Good template for a company creating a template for an SMS
Physical copies for:
Master
Safety Officer
Sufficient copies on board for anyone else who wishes to read it
Who are the MCA and what do they do?
Maritime Coastguard Agency
Ratify, follow up, and created guidance on the legislation laid out by the IMO for seafarers in the UK
Also, UK oil spill response plan, UK SAR plan, Safety campaigns,
Act as port state for foreign flagged vessels, and flag state for UK flagged vessels. Uphold training and certification standards, by inspecting vessels, training centres, issuing license and so forth
What is the MAIB?
Marine Accident Investigation Branch
Works in conjunction with the MCA, investigate marine incidents and produce reports, targeted at a wider audience, to allow them to learn from other peoples mistakes and improve safety at sea
What is the Large Yacht Code?
A Red Ensign Group document, most recent being Jan 2019. 2024 coming in June
Ensures that large yachts over 24m in length, with no cargo and no more than 36 passengers:
Comply with the relevant parts of SOLAS and conventions with regards to:
LSA and FFE, Safe manning, Certification, stability, weathertight integrity
Vessels over 500GT require a certificate of compliance
Examples of Conventions
SOLAS, STCW, MARPOL,
SAR, produces an international framework for SAR at sea, for cross cooperation between nations at sea. (Produces IAMSAR)
ColRegs
Load line convention (commercial, over 150GT, Minimum RB, Freeboards)
What is the STCW
Standards for training and certification of watch-keepers. WHAT IS SAYS ON THE TIN
Outlines requirements for and production of certification, training and watchkeeping.
Includes any specialist training
Chapter 8 is of particular importance to us, Watch-keeping standards
Small Commercial Vessel Code?
Has been put into MGN 280 (M)
Designed for commercial vessels under 24m under Uk flag, foreign vessels operating in UK waters, and PILOT vessels
Consolidates national laws and regulations for smaller vessels
What is the Work boat code?
On 31 of December 2018, the MCA brought out the Work boat Code.
Similar to the SCV code, however vessels under 24m built after 2018 must comply to the work boat code
What is the purpose of a flag state?
To ensure compliance with conventions and national law, and that standards outlined are being met.
They also offer sovereign protection under their flag
What is the purpose of a Port state?
Uphold standards for any vessels operating in their waters.
They can inspect ships, through a memorandum of understanding (MOU) between certain nations, whereby they will share the results of their inspections on a thetas central database
How would a Port state inspection go?
ESSENTIALLY CHECKING everything we check daily, weekly, monthly, whether we realise it or not:
Dock lines:
Means of access
Security measures
Certificates of vessels and officers
Class and survey status
Passage plans
Updating publications
Function of equipment on bridge
Radio log
Round of vessel
watertight integrity
Garbage maintenance and record book
ORB and bilges
LSE and FFE, drills
What is: SOLAS?
Came about after the Titanic:
Deals with design, construction, operation and equipment on vessels, in order to ensure compliance with IMO regulations with regard to the safety of lives at sea
GENERALLY for vessels over 500GT
Difference between a Code and Convention
Convention: gives a broad outline of provisions to be followed
Code: gives a detailed description of the regulations to be followed
I.E SOLAS convention, Each chapter speaks to a corresponding code:
SOLAS chapter II (fire detection, FFE) speaks to the FFS code, which details the technical details of the fire fighting equipment
What is the ISM code?
International Safety Management code
Aims to ensure safe operation on board ships by ensuring companies and vessels create and adhere to SOP’s
It is a company’s obligation to produce these SOP’s, to ensure the safety of crew, the vessel and the environment, and compliance with regulations and conventions
Company nominates a DPA that has sufficient experience in the type of vessel
Invite flag state down to look at the SMS
will issue company with a Document of compliance
Ship will be issued with a safety management Certificate
Contents of an SMS
Signature page
Ship particulars
Safety policy
Environmental policy
Lines of communication within company
Navigation policy
Times to call the master
Standing orders
LSA, FFE
Risk assessment library
Updates and audits process
Drills and training
Emergency Procedures
In relation to ISM, duty of: The company
Ensure adequate resources and shore based staff to allow the DPA to perform their duties
In relation to ISM, duty of: The DPA
Link between the company and the ship
Has highest level of access to management on board the vessel
Monitors the safety and pollution prevention measures on board the ship in day to day operations
What is the ISPS code?
International Ship and Port Security Code
Catalyst was 911
Aims to provide an international framework for the protection of security, both ashore and at sea
Governments complying with IMO work together to establish a database of security risks around the world. ranging from:
Piracy
cyber security
terrorism
smuggling
Ships Security Officer
A ship will have a ships security officer, who maintains training and documentation under the ISPS code and Ships SMS
Documentation to be carried on board under ISPS code
International ships security certificate
Ships security plan (half of which is sensitive)
Ships security Log book
Continuous Synopsis record
Declaration of security, potentially (between ship and port)
What is a declaration of security?
A declaration between a Port facility and a vessel, whereby they agree on specific security measures
This may be, if the ship is on a higher level of security to the port
If there is an agreement between contracting governments regarding vessels used for that purpose
If there has been a security threat involving the ship or the port facility
If the ship is in a port that is not required to hold and maintain a PFSP
MARSEC level: 1
Every day security:
Monitoring access to vessel
Checking all ID’s
Escorting visitors
Checking x amount of bags
Establishing restricted areas
Checking all stores and provisions
MARSEC LEVEL: 3
Verified threat to vessel and port
Only crew on board
Proceed to sea
MARSEC level: 2
Heightened security
One means of access on board ship
Check everyones bags
Continuous security patrols
Further restricted areas
What is Salvage?
The legal reward of saving a vessel and/or cargo which would otherwise be lost
Three things that must be in place for salvage to take place
Must be voluntary and there must be no pre existing contract (such as a tug contract)
Vessel must be IN PERIL, otherwise it is just stealing
Must be wholly or partly successful before salvage rights take place
Reward itself can never be more than the value of the ship or cargo
Most common form of salvage agreement and benefits of:
Lloyds open form
Almost universally accepted worldwide
Can be agreed upon by voice
Benefits:
Allows salvaging vessel to get on with the job
Retains your master responsibility and authority on board your vessel
Holds the need for the salvaging company to save something
What is MLC?
And it is sometimes known as?
What body does it fall under?
Maritime Labour Convention
Seafarers Bill of Rights
International labour Organisation
ILO
What is the function of MLC?
Ensure rights of seafarers
Ensures standards and regulations for working on board
Outlines Minimum Hours of Rest
Minimum conditions of employment
Age, medical fitness
Certificates, contracts
Pay and Annual leave
Food, accomodation
Repatriation
Pension, benifits, healthcare and insurance
Compliance and enforcement
Certificates required for vessels and company under MLC:
Company will have a declaration of compliance
Vessel will have a MLC certificate
How does a declaration of compliance work for MLC
Company must prove they are following, via a page in the declaration stating how they uphold their compliance, via procedures
What is a seafarers employment agreement and what does it entail
Contract between employer and seafarer, pertains to:
Rights and responsibilities under employment
Pay and annual leave
Hours of rest
Repatriation
Insurance and medical care
Codes of conduct
Drug and alcohol policy
Safety policy
Lines of communication within company and complaint procedures
Essentially anything outlined in MLC
Must be signed before joining and not under duress
Who does not have to have a SEA
Master, who must still have some form of employment agreement
Any supernumeraries, not part of the crew
Minimum HOR
77 per week
10 hours per day
Broken up in no more than 2 periods
One period no less than 8 hours
What HOR are young persons between 16y and 18y entitled to?
Not allowed to work at night
2 days off a week
break every 4 hours
Complaints procedure
Speak to:
Crew rep
Head of department
Master
DPA
What is the Red Ensign Group?
A collaboration of UK shipping registries who’s purpose is to combine resources and maintain safety/standards across the British Fleet
What are the declaration forms on Arrival?
Fal Forms:
1. General declaration
2. Cargo
3. Ships stores
4. Crew effects
5. Crew list
Where do we find any information on our lifting equipment kept on board?
In our LOLER documentation in the bridge
What does LOLER stand for?
Lifting operations and Lifting Equipment Regulations (1998)
What Log books may carried on board?
Deck lock
Radio Log
Engine Room Log
Accidents and Incidents Log
LSA log
Security Log
Oil Record Book
Garbage Record Book
Tender Log book (for yachts)
