Business and Law Flashcards by lachlan inglis

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.

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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

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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

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Merchant shipping act is translated and interpreted through:

Secondary legislation (statutory instruments)

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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)

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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.

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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)