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Whitehorse Master 3000 Oral Prep > Business & Law > Flashcards

Business & Law Flashcards

1
Q

Introduction to Maritime Law:

What is the IMO?

A

The International Maritime Organization. It is the maritime branch of the UN and is responsible for creating the majority of international maritime law

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2
Q

Introduction to Maritime Law:

What is a flag state?

A

A state in which a vessel is registered and which therefore has the right to fly that states flag.

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3
Q

Introduction to Maritime Law:

What is port state?

A

A state into which vessels registered in another state enter and, by doing so, come under the law of the former state.

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4
Q

Introduction to Maritime Law:

What is the ILO?

A

The International Labour Organization. It creates international law with respect to Labour standards, particularly the Maritime Labour Convention in the maritime context

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5
Q

Introduction to Maritime Law:

What are bylaws?

A

In the UK and some other anglophone states, bylaws are local laws created by local councils or statutory harbor authorities which apply only within their jurisdiction

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6
Q

Introduction to Maritime Law:

What is the UKCA mark?

A

The UK Conformity Assessed (UKCA) mark is the UK post Brexit replacement for the EU’s wheel mark which signified compliance with the EU Marine Equipment Directive (MED)

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7
Q

Introduction to Maritime Law:

From a regulatory perspective, what kind of organization is the EU?

A

The EU is a supernation organization. It is a political and economic union of 27 independent nation states but it produces its own laws which apply to those states

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8
Q

Introduction to Maritime Law:

What is the IMO’s mission?

A

The IMO Develops international conventions to promote safe, secure, environmentally sound, efficient and sustainable shipping through cooperation.

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9
Q

Introduction to Maritime Law:

What was the IMO’s initial focus after the IMO Convention took effect in 1958?

A

Its initial focus was safety and its first task was the adoption of a new version of the Safety of Life at Sea (SOLAS) convention in 1960

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10
Q

Introduction to Maritime Law:

Where is the IMO headquarteres?

A

In London, UK

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11
Q

Introduction to Maritime Law:

In the context of the IMO, what is a member state?

A

A members state is any member of the UN which has accepted the IMO convention. There are currently 175 member states and three associate members.

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12
Q

Introduction to Maritime Law:

What is the structure of the IMO?

A

The IMO has an Assembly and a Council, who are supported by Committees, Sub-Committees and Working Groups.

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13
Q

Introduction to Maritime Law:

Which are the two main committees in the IMO?

A

MSC - Maritime Safety Committee
MEPC - Maritime Environmental Protection Committee

Dealing with safety and environmental matters respectively

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14
Q

Introduction to Maritime Law:

What is the purpose of the Facilitation Committee?

A

The Facilitation Committee (FAL) focuses on simplifying and harmonizing administrative and procedural requirements for international maritime trade.

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15
Q

Introduction to Maritime Law:

How often does the IMO’s assembly sit?

A

Once every two years

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16
Q

Introduction to Maritime Law:

How many IMO member states are there?

A

The IMO currently has 175 member states and 3 associate members

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17
Q

Introduction to Maritime Law:

What is a convention?

A

A convention is an international framework of rules that a group of countries agree to be bound by and to enforce, both on their vessels and on other vessels within their waters.

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18
Q

Introduction to Maritime Law:

What is ratification in an international context?

A

In an international context, ratification is the formal act by which a state confirms its consent to be bound by a treaty or convention. It normally involved signing a convention or depositing an instrument of accession with the IMO

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19
Q

Introduction to Maritime Law:

Can a convention be adopted without being ratified?

A

Yes, adoption by the IMO is not the same thing as a convention being ratified by enough member states for it to come into force. There is a list of unratified conventions that have been adopted by the IMO on their website.

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20
Q

Introduction to Maritime Law:

What is ratification in a national context?

A

Ratification in a national context refers to the formal process by which a country’s legislative body approves and adopts an international treaty or agreement, making it binding and enforceable within the country’s legal system.

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21
Q

Introduction to Maritime Law:

When does a convention which has been adopted by the IMO come into force?

A

Each convention will state the conditions which need to be meet for a convention to come into force. Normally conventions come in to force one year after ratification by a sufficient number of states, which together represent a significant percentage of the worlds tonnage.

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22
Q

Introduction to Maritime Law:

Where do proposals for new IMO conventions come from?

A

A proposal for new conventions can come from a member state, a group of member states or the IMO itself.

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23
Q

Introduction to Maritime Law:

What is tacit acceptance?

A

Tacit acceptance is a procedure where amendments come into force unless objected to by one third of members states.

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24
Q

Introduction to Maritime Law:

How are ver significant amendments made to IMO conventions?

A

Large amendments are passed through protocols. A protocol is effectively a new treaty which is added to the existing convention.

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25
Q

Introduction to Maritime Law:

Why was tacit acceptance adopted as a method of amending IMO instruments?

A

Tacit acceptance was adopted because waiting for explicit acceptance for minor amendments was proving impossible, with many worthwhile amendments simply never being adopted.

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26
Q

Introduction to Maritime Law:

In the context of the IMO, what are amendments?

A

Amendment are the changes made to IMO conventions in order to keep them relevant in the face of technological change and to embrace opportunities to improve safety and reduce the impact on the environment

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27
Q

Introduction to Maritime Law:

What is an IMO resolution?

A

An IMO resolution is used to promulgate important, formal decisions which are made by the various committees. Most resolutions are related to the adoption of amendment or formal guidelines published by the relevant committee.

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28
Q

Introduction to Maritime Law:

What is an IMO Circular?

A

IMO Circular serve as means of disseminating information, sharing best practices and facilitating the implementation of the IMO conventions and guidelines. They are not as formal as resolutions.

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29
Q

Classification Societies:

What is IACS?

A

The International Association of Classification Societies. Founded in 1968, it has a membership of eleven leading classification societies

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30
Q

Classification Societies:

What is a classification society?

A

A classification society is a non-governmental organization which establishes and enforces technical standards for the design, construction and operation of ships.

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31
Q

Classification Societies:

Which classification societies are members of IACS?

A
  1. American Bureau of Shipping (ABS)
  2. Bureau Veritas (BV)
    3.Det Norske Veritas (DNV)
  3. Lloyds register (LR)
  4. Nippon Kaiji Kykai (Class NK)
  5. Registro Italiano Navale (RINA)
  6. China Classificaion Society (CCS)
  7. Croatian Register of Shipping (CRS)
  8. Indian Register of Shipping (IRS)
  9. Korean Register (KR)
  10. Polish Register of Shipping (PRS)
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32
Q

Classification Societies:

What is the significance of a certificate of class for a vessel?

A

A certificate of class confirms that a vessel complies with the rules and standards of a classification society

Verifies the structural strength and integrity of essential vessel parts (hull & appendages, propulsion and steering, auxiliary and power plant)

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33
Q

Classification Societies:

Why are Unified Interpretations (UIs) developed by IACS?

A

UIs are developed to provide consistent interpretations of IMO regulations, ensuring uniform application of standards without introducing new requirements.

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34
Q

Classification Societies:

Beside safety and quality, what are some benefits associated with vessel holding a valid certificate of class?

A

A valid certificate of class can lead to favorable terms of insurance and financing , as well as enhancing the standing of the vessel and its owner in the industry. It is also likely to make it easier to trade internationally.

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35
Q

Classification Societies:

What are the primary functions of a classification society during the construction of a vessel?

A

Classification societies review design plans, conduct inspections and approve construction stages to ensure adherence to regulations and their own rules.

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36
Q

Classification Societies:

Is it mandatory for vessels to be classed?

A

No but the vast majority of vessels are.

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37
Q

Classification Societies:

In the context of survey and certification, what does RO stand for?

A

Recognized Organizations

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38
Q

Classification Societies:

What is a recognized organization?

A

An organization, usually a classification society, that has been recognized by a flag state for the purpose of surveying and issuing certificates

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39
Q

Classification Societies:

Which classification societies are recognized organizations in the UK?

A
  1. American bureau of shipping (ABS)
  2. Bureau Veritas (BV)
  3. Nippon Kaiji Kyokai (Class NK)
  4. Det Norske Veritas (DNV)
  5. Lloyds Register (LR)
  6. Registro Italiano Navale (RINA)
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40
Q

Classification Societies:

Which international instrument sets guidelines for the assessment, authorizations, and oversight of ROs?

A

The Recognized Organization Code or the RO Code

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41
Q

Classification Societies:

Who decides which organization can be approved as ROs?

A

Each flag state authorizes its own ROs under the guidelines laid down by the IMO in the RO code.

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42
Q

Classification Societies:

What is the purpose of PSC?

A

It allows local maritime authorities to inspect foreign vessels that enter their ports to verify compliance with international regulations and standards.

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43
Q

Classification Societies:

What is an MOU with regards to port state control?

A

A memorandum of understanding between national authorities in a region who agree to coordinate PSC inspections.

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44
Q

Classification Societies:

What is a PSCO?

A

Port State Control Officer

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45
Q

Classification Societies:

Why would national authorities wish to operate under a regional MOU?

A

National authorities are able to improve the efficiency of their PSC inspections, focusing their limited resources on substandard vessels and reduce the frequency of inspections on high quality vessels which have been inspected recently.

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46
Q

Classification Societies:

How many MOUs are there with regards to PSC?

A

There are 9 regional MOUs with a 10th PSC regime operated independently by the US Coast Guard

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47
Q

Classification Societies:

Why is PSC sometimes referred to as a safety net?

A

PSC is sometimes referred to as a safety net to catch substandard shipping because, although the flag state should be responsible for ensuring compliance onboard its vessels, it permits national authorities to exert influence on vessels which fail to meet those standards. This effectively places a flaw on international compliance below which low quality vessels or flags are not able to fall.

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48
Q

Classification Societies:

If a vessel fails to meet international standards during a PSC inspection, what are the consequences?

A

Depending on the severity of the issue, the PSCO can require that it is rectified in a given time frame or, if the issue is serious, they can detain the vessel, they can detain the vessel until the issue is resolved.

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49
Q

Classification Societies:

Which are the 9 regional PSC MOUs?

A
  1. Paris MOU - Europe and North Atlantic
  2. Tokyo MOU - Asia and Pacific
  3. Acuerdo de Vina Del Mar - Latin America
  4. Caribbean MOU - Caribbean Sea
  5. Abuja MOU - West and Central Africa
  6. Black Sea MOU - Black Sea region
  7. Mediterranean MOU - North African States
  8. Indian Ocean MOU - Indian Ocean
  9. Riyadh MOU - Gulf and the Red Sea
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50
Q

Classification Societies:

How does the Paris MOU inspection regime work?

A

Countries within the Paris MOU work together to harmonize their inspection efforts. They choose which vessel to inspect and how detailed the inspection should be based on a risk profile assigned to each vessel.

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51
Q

Classification Societies:

Which factors are taken into account when determining the risk profile of a vessel under the Paris MOU?

A
  1. Type of vesse
  2. Age of vessel
  3. Flag performance
  4. Class (RO) performance
  5. Company performance
  6. History of deficiencies and detentions
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52
Q

Classification Societies:

Under the Paris MOU, vessels over what age are automatically considered high risk?

A

12 years

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53
Q

Classification Societies:

What are the three risk profiles under the Paris MOU?

A
  1. High risk ship
  2. Standard risk ship
  3. Low risk ship
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54
Q

Classification Societies:

How is flag performance judged under the Paris MOU?

A

Flag performance is assessed based on the flag states ranking in the white, grey and black lists published by the Paris MOU, weighed against the flag states IMO member state audit scheme status.

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55
Q

Classification Societies:

What is THETIS?

A

THETIS is the Paris MOUs port state control information database.

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56
Q

Classification Societies:

Which Paris MOU risk profile are passenger vessels and oil tankers always considered to be?

A

Passenger vessels and oil tankers are always considered high risk ships.

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57
Q

Classification Societies:

Why would a vessel undergo a more detailed inspection under the Paris MOU?

A

If clear grounds were established during the initial inspection by the PSCO

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58
Q

Classification Societies:

How often are high risk ships required to undergo an expanded inspection under the Paris MOU?

A

At least once every 12 months.

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59
Q

Classification Societies:

What is a concentrated inspection campaign?

A

Concentrated inspection campaign focus on specific areas where high levels of deficiencies have been encountered by PSCOs, or where new convention requirements have recently entered into force. Each campaign takes place yearly over a period of three months (sep-nov) and is combined with a regular inspection.

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60
Q

Classification Societies:

Under the Paris MOU, how often are low risk vessels inspected?

A

Between 24-36 months after last inspection in the Paris mou region

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61
Q

Classification Societies:

What is a periodic inspection under the Paris MOU?

A

The normal PSC inspection conducted on an interval based on the risk profile of the vessel.

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62
Q

Classification Societies:

What is the only reason for an additional/more detailed inspection under the Paris MOU?

A

One which is triggered by an overriding or exceptional factor.

Paris MOU “More detailed inspection”

A more detailed inspection will be carried out whenever there are clear grounds for believing, during an inspection, that the condition of the ship or of its equipment or crew does not substantially meet the relevant requirements of a relevant instrument. Clear grounds exist when a Port State Control Officer finds evidence, which in his/her professional judgement warrants a more detailed inspection of the ship, its equipment or its crew. The absence of valid certificates or documents is considered a clear ground. Other examples of clear grounds can be found in Annex 9, paragraph 6 of the MoU text.

A more detailed inspection will also be carried out on ships flying a flag that has not yet ratified all of the Relevant Instruments of the Paris MoU.

A more detailed inspection will include an in-depth examination in:

the area(s) where clear grounds were established
the areas relevant to any overriding or unexpected factors
other areas at random

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63
Q

Classification Societies:

If the PSCO encounters deficiencies, what will they do?

A

They will issue an inspection report to the master which includes “action required” statements against each deficiency. Depending on the severity of the deficiency, the vessel may be permitted to rectify it immediately or, for serous deficiencies, the vessel may be detained until the issue is rectified.

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64
Q

Classification Societies:

What was the focus of the 2023 Concentrated Inspection Campaign?

A

Fire Safety

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65
Q

Seaworthiness:

What is seaworthiness?

A

A vessel is seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured

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66
Q

Seaworthiness:

What are the five C’s of seaworthiness?

A
  1. Certification
  2. Condition
  3. Compliance
  4. Crew
  5. Conduct
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67
Q

Seaworthiness:

How does crew relate to seaworthiness?

A

In order for a vessel to be seaworthy, it must be crewed, be an adequate number of qualified, medically-fit and familiarized seafarers, as per the vessels Safe Manning Document and the requirements of the ISM Code.

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68
Q

Seaworthiness:

How does compliance relate to seaworthiness?

A

Although a vessel may have the required certificate, it will not be considered seaworthy unless the vessel is also in compliance with the requirements of the conventions, codes and regulations which apply to it.

These will include everything from drills and inspections of LSA to chart corrections and compliance with cargo-or passenger-related requirements.

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69
Q

Crew Welfare and Mgmt (MLC & UK Law):

Who should a complaint be made to under MLC?

A

The onboard complaint procedure requires that complaints are raised at the lowest level possible (ie. line manager rather than the Captain), although seafarers have the right to raise a complaint direct with their head of dept., the Captain, the DPA, or their flag state, etc. They may also complain to the port state of necessary.

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70
Q

Crew Welfare and Mgmt (MLC & UK Law):

MLC certification is made up of which 3 documents?

A
  1. Maritime Labour Certificate
  2. Declaration of Maritime Labour Compliance Part I
  3. Declaration of Maritime Labour Compliance Part II
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71
Q

Crew Welfare and Mgmt (MLC & UK Law):

The onboard complaints procedure must contain contact details for who?

A
  1. The MCA or the vessels flag state
  2. The national authorities for the seafarers country of residence
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72
Q

Crew Welfare and Mgmt (MLC & UK Law):

What additional hours of rest related requirement apply to those below age 18?

A
  1. No work at night
  2. A rest period of at least 12 hours in every 24 hour period
  3. A further rest period of at least 2 days per week (ideally consecutively)
  4. If the work day exceeds 4.5 hours, a 30 min break should be provided
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73
Q

Crew Welfare and Mgmt (MLC & UK Law):

How is night defined with regard to young persons hours of rest?

A

Night is defined as a period of at least 9 hours starting no later than midnight and ending no earlier than 0500.

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74
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is an SEA?

A

A Seafarers Employment Agreement is a contract between an employer and the seafarer, in a format approved by the flag state.

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75
Q

Crew Welfare and Mgmt (MLC & UK Law):

What are the minimum hours of rest?

A

10hrs in any 24hr period.
77hrs in any 7 day period.

10 hours can be split into no more than 2 periods, 1 of which must be at least 6 hours.

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76
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is the maximum period that an SEA can remain in force?

A

11 months.

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77
Q

Crew Welfare and Mgmt (MLC & UK Law):

How are drills considered for the purpose of hours of rest?

A

Drills do not count as working hours but they should be arranged so as to minimize the impact of the crews hours of rest.

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78
Q

Crew Welfare and Mgmt (MLC & UK Law):

What must the seafarer have in their possession regarding the SEA?

A

The seafarer must have a physical copy of the SEA signed by both the seafarer and the ship owner.

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79
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which two documents relate to the hours of rest onboard?

A

Each seafarer just maintain a copy of their records of their hours of rest and there must also be a table of shipboard working arrangements published in a public place onboard.

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80
Q

Crew Welfare and Mgmt (MLC & UK Law):

What does MLC stand for?

A

Maritime Labour Convention

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81
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which organization created the MLC?

A

The International Labour Organization (ILO)

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82
Q

Crew Welfare and Mgmt (MLC & UK Law):

What are the 5 titles of the MLC?

A
  1. Title 1 - Minimum requirements for seafarers to work on a ship
  2. Title 2 - Conditions of employment
  3. Title 3 - Accommodation, recreation facilities, food and catering
  4. Title 4 - Health protection, medical care, welfare and social security protection
  5. Title 5 - Compliance and enforcement
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83
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which convention is considered the 4th pillar of international maritime law?

A

The Maritime Labour Convention

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84
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is the MLC?

A

The Maritime Labour Convention is an international treaty that sets out rights and principles for seafarers, insuring decent working conditions, fair treatment and social protection.

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85
Q

Crew Welfare and Mgmt (MLC & UK Law):

How many titles are there in the MLC?

A

5

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86
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is the minimum age to work onboard a vessel?

A

16, however those employing those 16-18 have some extra control measures to abide by.

87
Q

Crew Welfare and Mgmt (MLC & UK Law):

What medical certificate is required to work onboard a vessel?

A

Eng-1 or equivalent

88
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which conventions and codes include requirements relating to training and familiarization which apply to all seafarers?

A

STCW convention lays down the core requirements for qualification and training of seafarers.

SOLAS requires a safe manning doc which must be complied with regarding the number of qualified persons onboard.

ISM code also requires that seafarers are qualified but incorporates additional requirements relating to familiarization.

89
Q

Crew Welfare and Mgmt (MLC & UK Law):

What are Manila Amendments?

A

The term refers to the 2010 amendments to the STCW convention.

90
Q

Crew Welfare and Mgmt (MLC & UK Law):

How long does a seafarers medical certificate last?

A

2 years. 1 year for young persons (under 18). However they can also be issued for shorter periods with restrictions if the doctor deems it necessary.

91
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which title of the MLC contains requirements relating to medical certificates?

A

Title 1 - Minimum requirements for seafarers

92
Q

Crew Welfare and Mgmt (MLC & UK Law):

Under the MLC, who must not be charged for recruitment services?

A

Seafarers

93
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is the minimum amount of leave that must be accrued by a seafarer under the MLC?

A

2.5 days per month (totaling 30 days per year) plus public holidays which apply in the flag state.

94
Q

Crew Welfare and Mgmt (MLC & UK Law):

What are a seafarers rights when it comes to repatriation?

A

Seafarer must be repatriated at no cost to themselves when their SEA expires/terminated by either side or cannot carry out there duties.

However the ship owner maybe permitted to recover the cost of the seafarer is found to have committed gross miss conduct.

95
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which financial securities are ship owners required to maintain relating to seafarers under the MLC?

A
  1. Unpaid wages, maintenance and repatriation of seafarers that they have abandoned are paid for (Regulation 2.5)
  2. Seafarers are compensated for injury, loss and unemployment when a vessel is lost, as well as wages following sickness or injury sustained whilst onboard (Regulation 2.6)
96
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which weekly inspections relate to MLC Title 3?

A

The Master is required to ensure that weekly inspections are carried out of the crew accommodation and food/water, including food preparation and service areas

97
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which vessels are required to carry a Ship’s Cook?

A

Vessels with ten or more seafarers onboard, on international voyages or on domestic voyages in excess of 60nm from a safe haven must carry a Ship’s Cook.

98
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which document carried onboard states weather or not a vessel is required to carry a Ship’s Cook?

A

The Safe Manning Document

99
Q

Crew Welfare and Mgmt (MLC & UK Law):

How often should fresh water tanks be inspected and hyper-chlorinated?

A

Annually

100
Q

Crew Welfare and Mgmt (MLC & UK Law):

What are the chlorine ppm values required for hyper-chlorination and routine chlorination of the vessels fresh water system?

A

The vessels fresh water system should routinely be chlorinated to 0.2ppm and water with a chlorine concentration of 50ppm should be used for disinfection of fresh water tanks, hoses and shower heads.

101
Q

Crew Welfare and Mgmt (MLC & UK Law):

What are the requirements which relate to the marking and stowage of fresh water bunkering hoses?

A
  1. Clearly marked and generally blue in color
  2. Stowed in a locker clear of the deck
  3. Drained and capped at both ends when not in use
  4. Flushed through and discharged to waste before bunking commences
102
Q

Crew Welfare and Mgmt (MLC & UK Law):

How are the weekly inspections of crew accommodation recorded?

A

In the OLB and signed by the Master as well as another member of the crew

103
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is TMAS and where can contact details be found?

A

Tele Medical Advice Services and an up-to-date list of contacts can be found in ALRS Vol I.

104
Q

Crew Welfare and Mgmt (MLC & UK Law):

Which vessels are required to carry a certified Doctor onboard?

A

Vessels carrying 100 or more passengers onboard

105
Q

Crew Welfare and Mgmt (MLC & UK Law):

What rights do seafarers have regarding medical care?

A

Vessels are required to carry medical equipment and supplies in order to provide medical care promptly and at no cost. If necessary, seafarers also have the right to visit a shoreside doctor or dentist when the vessel is along side, without charge.

106
Q

Crew Welfare and Mgmt (MLC & UK Law):

Ship owners are required to maintain a financial security to cover seafarers for what?

A
  1. Medical care, wages during periods of illness and burial/cremation costs (Regulation 4.2)
  2. Compensation for injury, loss and unemployment when a vessel is lost (Regulation 2.6)
  3. Repatriation (Regulation 2.5)

The vessel must publish certificates in a conspicuous place proving that these financial securities are in place

107
Q

Crew Welfare and Mgmt (MLC & UK Law):

In the UK , which body fulfills the requirement under MLC for major accidents to be investigated?

A

The Maritime Accident Investigation Branch (MAIB)

108
Q

Crew Welfare and Mgmt (MLC & UK Law):

What does DMLC Part II contain?

A

Drawn up by the shipping company, DMLC Part II outlines the measures it has taken in order to comply with the requirements set out in DMLC Part I.

109
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is the onshore complaint procedure?

A

This procedure compliments the onboard complaints procedure by positioning port state authorities as an alternative route for raising a complaint when a seafarer is unsatisfied with the resolution onboard or fears reprisals.

110
Q

Crew Welfare and Mgmt (MLC & UK Law):

What is DMLC Part 1?

A

Each flag state creates its own DMLC Part 1, which sets out that flags minimum standards which a vessel must meet in order to be issued an MLC certificate. The contents of part 1 issued to a particular vessel will vary slightly depending on the requirements applicable to the vessel.

111
Q

I’m Crew Welfare and Mgmt (MLC & UK Law):

What procedure is followed when a vessel with an MLC certificate changes flag?

A

The vessel may be issued with an interim MLC certificate valid for no longer than 6 months.

112
Q

ISPS Code:

Which vessels does the ISPS code apply to?

A

Cargo vessels over 500gt and all passenger vessels on international voyages.

113
Q

ISPS Code:

Which international convention does the ISPS Code fall under?

A

SOLAS. THE ISPS code is empowered by Chapter XI-2 ‘Special measures to enhance maritime security’

114
Q

ISPS Code:

In general, what is found in Part A and Part B of the ISPS code?

A

Part A - lays down the mandatory requirements relating to port and vessel security

Part B - offers a set of guidelines and recommendations on how to fulfill requirements in part A

115
Q

ISPS Code:

Why can it be said that there are similarities between the ISM code and the ISPS code?

A

Unlike many other international conventions and codes, such as SOLAS and MARPOL, both the ISM and ISPS code take a risk based approach and contain very few perspective requirements. This is because every vessel is different and faces different security threats.

As such, they both require that vessels and companies assess risk and put in place measures to control the risks that are identified. The process of conducting a ship security assessment and creating a ship security plan is similar to that of any other risk assessment.

116
Q

ISPS Code:

Which certificate is issued under the ISPS code?

A

The International Ship Security Certificate

117
Q

ISPS Code:

Which certificate may be issued when a vessel changes flag?

A

An interim International Ship Security Certificate

118
Q

ISPS Code:

How often are ISPS audits conducted?

A

The exact frequency will be laid down in the MCA approved ship security plan (for UK flagged vessels) but they are normally conducted annually.

119
Q

ISPS Code:

What are the three roles established by the ISPS Code?

A
  1. The Ship Security Officer
  2. The Company Security Officer
  3. The Port Facility Security Officer
120
Q

ISPS Code:

What is the role of the Ship Security Officer?

A

The SSO is responsible for the security of the vessel and for the implementation of the Ship Security Plan Onboard

121
Q

ISPS Code:

If the Captain determines that there is conflict between the safety of the vessel and its security, what should they do?

A

The Captain has the right to prioritize safety. However, the Captain should then review the security procedures and ensure that they are altered to make them compatible with safety, while also ensuring that the vessel is secure.

122
Q

ISPS Code:

What is the role of the Company Security Officer?

A

The CSO is responsible for the security of the fleet of vessels and for verifying that the ship’s security plan is being implemented successfully onboard each vessel.

123
Q

ISPS Code:

Who is responsible for developing the ship security plan?

A

The Company Security Officer

124
Q

ISPS Code:

What is the roll of the Port Facility Security Officer?

A

The PFSO is responsible for the security of a port facility and for the implementation of the port facility security plan.

125
Q

ISPS Code:

Who is responsible for following the ship security plan?

A

The ship security officer

126
Q

ISPS Code:

Which crew members are required to hold a valid PSA certificate?

A

All seafarers are required to hold a valid proficiency in security awareness certificate.

127
Q

ISPS Code:

What does SSA stand for in the context of the ISPS code?

A

Ship Security Assessment

128
Q

ISPS Code:

How is the ship security plan approved and by whom?

A

Once the ship security plan has been drawn up, it must be approved flag state before the international ship security certificate can be issued. In the UK the SSP is approved by the MCA.

129
Q

ISPS Code:

Which part of the SSP must not be shown to a port state control officer without approval from the vessels flag state?

A

Part 2 of the SSP which contains the sensitive procedures relating to the vessels security.

130
Q

ISPS Code:

What is contained in the appendix to the SSP?

A

The report of the ships security assessment on which the plan is based.

131
Q

ISPS Code:

Why can the development of the SSP be compared to a risk assessment?

A

Because the SSP is based on a SSA. The SSA identifies security risks and the SSP puts in place control measures to mitigate those risks.

132
Q

ISPS Code:

What are the 6 key areas of vessel security?

A
  1. Access to the vessel by personelle, passengers, visitors, etc.
  2. Restricted areas of the vessel
  3. Handling of cargo
  4. Delivery of vessel stores
  5. Handling of unaccompanied baggage
  6. Monitoring the security of the vessel
133
Q

ISPS Code:

When may port state control officers inspect the contents of part 1 of the SSP?

A

When they have clear grounds to believe that the vessel is not in compliance with the ISPS code.

134
Q

ISPS Code:

Regarding security levels, what must the SSP contain?

A

The security measures for each security level, both operational and physical. Including the procedures for changing security level.

135
Q

ISPS Code:

What does the SSA entail?

A

The SSA reviews existing security measures and identifies key shipboard operations, possible threats to those operations, and the weakness which exists in the existing security measures to counter those threats.

136
Q

ISPS Code:

What is the term used to describe Security Level 2?

A

Heightened

137
Q

ISPS Code:

What is the definition of Security Level 3?

A

Further specific protective security measures maintained for a limited period of time, when a security incident is probable or imminent, although it may not be possible to identify the specific target

138
Q

ISPS Code:

Which body sets the security level for UK-Flagged vessels?

A

The Maritime Security Division of the Department for Transport

139
Q

ISPS Code:

How do security measures in the Ship Security Plan change as the Security Level increases?

A

In general, as the security level increases, the ship security plan requires increasingly strong security measures to counter the increase threat. This may involve additional security rounds, further checks on personnel, cargo or stores or particularly at security level 3, the cessation of operations entirely.

140
Q

ISPS Code:

Can the Master change the security level of the vessel?

A

No, the Master cannot change the security level of the vessel. However, they may implement additional protective security measures in accordance with the Ship Security Plan whenever they believe that it is necessary to do so

141
Q

ISPS Code:

What frequency of personnel searches are required at Security Level 2?

A

It’s important to note that the ISPS code tends not to state values when it comes to how many visitors are required to be searched, etc.. The requirement for each cease will be established during the SSA and laid down in the SSP which means that they may differ from vessel to vessel and especially between vessel types.

142
Q

ISPS Code:

Which party can have a higher security level than the other, the port or the vessel?

A

The vessel can have a higher security level than the port but the port can never have a higher security level than the vessel.

143
Q

ISPS Code:

What must a vessel do when it is notified by the port that the security level has increased?

A

The vessel shall confirm receipt of the information and further confirm that measures are being taken to implement the higher security level’s measures, as per the SSP. The vessel must notify the PFSO if there are any difficulties encountered during implementation. The vessel will also notify the CSO.

144
Q

ISPS Code:

What must a vessel do when it is notified by the port that the security level has increased?

A

The vessel shall confirm receipt of the information and further confirm that measures are being taken to implement the higher security level’s measures, as per the SSP. The vessel must notify the PFSO if there are any difficulties encountered during implementation. The vessel will also notify the CSO.

145
Q

ISPS Code:

What is the definition of security level 1?

Level 2

Level 3

A

Minimum appropriate protective security measures which shall be maintained at all times.

Heightened

Imminent

146
Q

ISPS Code:

What happens when the vessel is at a higher security level than the port?

A

When a vessel is at a higher security level than the port that it seeks to enter (or is already alongside in), the SSO or CSO shall advise the PFSO without delay. The PFSO will consult with the SSO and CSO to agree on appropriate security measures which may include the signing of a declaration of security.

The port is not required to raise its security level.

147
Q

ISPS Code:

How are changes to the security level promulgated to the vessel?

A

Any changes to the security level will be sent by the fervent flag state authority to the CSO, who will then forward the notification to the vessel.

148
Q

ISPS Code:

How often should a security drill
Be carried out onboard?

A

Once every 3 months or within 1 week when more than 25% of the crew have changed.

149
Q

ISPS Code:

How often should a security exercise be carried out?

A

At least each calendar year, with no more than 18 months between exercises

150
Q

ISPS Code:

What’s the difference between a security drill and exercise?

A

Security drill is carried out onboard and tests the crews proficiency in their duties under the SSP.

Security exercise is wider in scope and is typically run from ashore by the CSO and includes the vessel and perhaps PFSO or port/flag state representatives.

151
Q

ISPS Code:

What is an SSAS?

A

Ship Security Alert System

152
Q

ISPS Code:

How much security equipment is a vessel required to carry?

A

The ISPS code does not define what security equipment should be carried onboard aside from the SSAS. Instead, the SSP defines the required equipment, in response to the threats identified in the SSA. The SSP is then approved by flag state, so the equipment specified becomes in effect the min carriage requirement for that vessel

153
Q

ISPS Code:

In the UK which authority receives SSAS alerts?

A

The UK coastguards national maritime operation center (NMOC) in Fareham, Hampshire. They are no longer handled by the MRCC Falmouth.

154
Q

ISPS Code:

How many activation points are required for the SSAS?

A

Min 2, one must be on the bridge.

155
Q

ISPS Code:

What happens when the SSAS is pressed?

A

An alert with the vessels identity, location, and date/time of the alert is immediately sent to the CSO and the flag state authorities. The CSO will typically follow a procedure in the SSP to confirm that the alert is real and, if so, will inform flag. They will then inform the coastal or port state in whose waters the vessel is operating and they will respond.

156
Q

ISPS Code:

Where must the SSAS not raise an alarm?

A

The SSAS must not raise an alarm onboard or any other vessel

157
Q

ISPS Code:

How long must security records be kept?

A

At least 3 years

158
Q

ISPS Code:

How often should the SSAS be tested?

A

It can vary from flag to flag, but the UK refers to periodic testing once per year minimum.

159
Q

ISPS Code:

How long are declarations of security records required to be kept onboard?

A

Vessels just retain completed DoS for the past three years. If he vessel has completed less than 10 port calls in the past 3 years, any DOS which relates to those last 10 ports calls shall be kept for as long as necessary

160
Q

ISPS Code:

What is a declaration of security?

A

A DoS is an agreement between a vessel (master or SSO) and a port facility (or another ship) with which it interfaces, specifying the security measures each will implement.

161
Q

ISPS Code:

Why are DoS’s necessary?

A

They require the vessel and the port (or another vessel) to agree which element of the vessels security is being implemented by which party and, by doing so, ensures that nothing is missed.

162
Q

ISPS Code:

Who will the DoS be signed by?

A

The PFSO and the Master and/or the SSO

163
Q

ISPS Code:

Is the completion of the DOS mandatory?

A

No, although either party may request that one is completed and there are circumstances in which it is more likely that one would be requested. There may also be vessels or ports where their SSP or PFSP requires that a DoS is completed every port call or in certain circumstances and if so, stated it must be followed.

164
Q

ISPS Code:

When is a DoS more likely to be requested?

A
  1. When the vessel is operating at a higher security level than the port or other vessels
  2. When interfacing with a non ISPS port or vessel
  3. When there has been a security threat or incident
  4. At higher security levels or when the security level increases while the vessel is alongside.
165
Q

Contracts, Remedies & Liens:

What makes a contract enforceable?

A

Must have five key points

  1. Clear offer
  2. Acceptance
  3. Consideration
  4. Intent
  5. Capacity
166
Q

Contracts, Remedies & Liens:

What are damages?

A

Damaged are a remedy awarded by a court when a contract has been breached. They are often financial and seek to make the injured party whole again

167
Q

Contracts, Remedies & Liens:

What is a condition of a contract?

A

Terms which are vitally important to the contract. If one party breaches a condition then the contract can be voided and the relevant party can be sued for damages.

168
Q

Contracts, Remedies & Liens:

What is an injunction?

A

A legal remedy where the court forces a party to do something or prohibits them from doing something.

169
Q

Contracts, Remedies & Liens:

What are punitive damages?

A

Damages are awarded when the wrongdoing has been especially serious in order to punish the errant party and serve as a deterrent to others

170
Q

Contracts, Remedies & Liens:

What is a Lien?

A

A maritime Lien is a privileged legal claim against a vessel allowing creditors to seek payment by selling the vessel itself

171
Q

Contracts, Remedies & Liens:

How can a lien apply to cargo?

A

A lien may be sought by the shipowner against the cargo in order to recoup unpaid freight costs. The shipowner would then be able to force the cargo owner to settle their debts or they could sell the cargo in order to do so.

172
Q

Contracts, Remedies & Liens:

How is a lien obtained?

A

If a judge is satisfies that the claimant has a legitimate claim, they would grant a lien in the form of a wright (pronounced rit)

173
Q

Contracts, Remedies & Liens:

To whom or what is a maritime lien attached?

A

The vessel, rather than to the shipowner. This means that the wright remains enforceable even if the shipowner tries to get out of it by placing the vessel into different ownership or otherwise attempting to dispose of their assets.

174
Q

Torts and Duty of Care:

What is a tort?

A

A civil wrong or harm that one part commits against another, leading to potential legal liability and the right to seek compensation for the injured party.

175
Q

Torts and Duty of Care:

What is a tort of negligence?

A

A tort of negligence is where a party is held liable for causing harm or loss to another due to a failure to exercise reasonable care and the precautions which would be expected by a reasonable person in a given situation.

176
Q

Torts and Duty of Care:

How can the tort of negligence effect how guidance is implemented?

A

By establishing legal standards for duty of care and risk management, organizations and individuals may adopt guidance even if it isn’t mandatory to minimize the risk of causing harm and mitigate potential legal liability.

177
Q

Torts and Duty of Care:

What is a duty of care?

A

A legal obligation to act with reasonable care and attention to prevent foreseeable harm to others.

178
Q

Torts and Duty of Care:

What is the role of the reasonable person in tort law?

A

A hypothetical standard used to assess whether a persons actions or omissions meet the expected level of care and caution in a given situation. It helps to determine liability for negligence.

179
Q

Torts and Duty of Care:

Why is causation important in determining liability in a tort of negligence case?

A

The breach of duty must have directly caused the harm suffered, either because the defendants actions caused the harm or because the harm was a reasonably foreseeable consequence of the breach.

180
Q

Agency:

What type of agent is the master of a vessel?

A

Special agent

181
Q

Agency:

Why are agency relationships useful?

A

They enable individuals or entities to delegate authority, make legal arrangements and conduct business transactions through a trust representative without losing ownership of the asset about which the decisions are being made.

182
Q

Agency:

Is the principal bound by the decisions of their agent?

A

Yes. An agreement entered into by an agent is binding on the principal provided that it was made within the bounds of the authority that they had been granted.

183
Q

Agency:

When may the master of a vessel become an agent of necessity?

A

When they need to make decisions to preserve the property with which they have been entrusted and it is not possible to gain instructions from the principal.

184
Q

Agency:

How does the master become the special agent for the vessels owner?

A

They are issued with a letter of authority aka letter of appointment which defines the scope and timeframe of their appointment as an agent.

185
Q

Chartering:

What is a charter party?

A

An agreement between the owner of a vessel and the party chartering the vessel (the charterer). The charter party defines the terms and conditions of the vessels use, including the agreed upon charter rate, duration and other relevant terms.

186
Q

Chartering:

How many types of charter parties are there?

A
  1. Bareboat
  2. Time
  3. Voyage
  4. Contract of Afreightment
187
Q

Chartering:

Which type of charter exists when the charterer pays for the crew and assumes all operational and financial responsibilities for the vessel?

A

Bareboat

188
Q

Chartering:

What is a notice of readiness?

A

A document issued to the charterer by the master or owner stating that the vessel is ready to receive the cargo.

189
Q

Chartering:

Who is responsible for the maintenance of the vessel during a time charter?

A

The owner. During a time charter, the charterer only controls the commercial aspect of the vessel such as its itinerary and schedule.

190
Q

Insurance:

What are the two main types of marine insurance?

A
  1. Hull and Machinery (H&M)
  2. Protection and Indemnity (P&I)
191
Q

Insurance:

Is P&I insurance mandatory?

A

Yes. The enter a port the master will
Be required to provide a certificate of entry form by the shipowners P&I club, demonstrating to the port authorities that the vessel is insured.

192
Q

Insurance:

In marine insurance, what is a call?

A

The payment made by members of a P&I club into the clubs pool from which claims are drawn once approved.

193
Q

Insurance:

Which type of insurance covers third party liability which a shipowner May face?

A

P&I insurance

194
Q

Insurance:

Is h&m insurance mandatory?

A

Not technically, but it is exceedingly likely that a vessel will be insured. It may be a legal requirement in some jurisdictions and is likely to be a requirement of vessels with a mortgage.

195
Q

Insurance:

What is the rundown clause in marine insurance?

A

Relates to the partial liability for damage caused to the other vessel in a collision, because traditionally, h&m insurance would only cover up to 75% of the damage to the other vessel and its cargo.

So, the h&m insurance would cover 100% of the damage to our vessel and 75% of the damage to the other vessel with the remaining 25% being covered by P&I insurance.

196
Q

Insurance:

What is a P&I club?

A

An association of shipowners that have grouped together to insure each other for their third party liabilities on a mutual nonprofit making basis.

197
Q

Salvage:

What does SCOPIC stand for?

A

Special compensation P&I club

198
Q

Salvage:

What is Lloyd’s open form?

A

Lloyds standard for of salvage agreement commonly known as LOF is a widely recognized form of salvage agreement.

199
Q

Salvage:

Which convention relates to maritime salvage?

A

International salvage convention 1989

200
Q

Salvage:

How is the salvage convention incorporated into UK law?

A

By part IX (salvage and wreck) of the merchant shipping act 1995

201
Q

Salvage:

What is a salvor?

A

The person or part that is attempting to salvage a piece of maritime property.

202
Q

Salvage:

What are the 2 types of salvage?

A
  1. Contractural
  2. Common law
203
Q

Salvage:

Which 4 conditions must be met for a successful salvage claim to be made?

A
  1. Voluntary
  2. Peril
  3. Successful
  4. Maritime property
204
Q

Salvage:

What is the core principle of salvage awards under Lloyds open form?

A

No cure, no pay

205
Q

Salvage:

Why does the SCOPIC clause exist?

A

To encourage salvors to make efforts to prevent maritime pollution even if the likelihood of salvaging the vessel is low

206
Q

Salvage:

How does a salvage contract under Lloyd’s open form end?

A

When the maritime property has been taken to an agreed place of safety as stated on the LOF. Failing that, it will also end of the property is lost or if there is no useful result foreseeable.

207
Q

Salvage:

How is the salvor remuneration effected under SCOPIC?

A

If they fail to salvage the vessel, they are still awarded their time and material expenses, plus a 25% uplift. If they manage to salvage the vessel, they face a 25% reduction of the salvage award, due to the reduced financial risk once they invoke SCOPIC.

208
Q

Salvage:

When is SCOPIC invoked?

A

SCOPIC can be invoked either at the commencement of the salvage contract or at any point during the operation by the salvor. The assessment of SCOPIC remuneration only includes costs incurred after it is invoked.

209
Q

Letter of Protest vs Note of Protest:

What is a letter of protest?

A

A letter issued by the Master to another party to express dissatisfaction with the actions of that party. The Master may also receive one from another party.

210
Q

Letter of Protest vs Note of Protest:

What is a Note of Protest?

A

A sworn statement of fact made in front of a notary public, whenever the Master wishes to formally document that, despite there best efforts, something adverse occurred which was beyond their control.

211
Q

Letter of Protest vs Note of Protest:

What is the difference between a letter of protest and a note of protest?

A

A letter of protest is issued by the Master to express dissatisfaction with another party, whereas a Note of protest is issued by a notary public to formally record the facts in a situation where, despite the best efforts of the Master, an adverse event occurred.

212
Q

Letter of Protest vs Note of Protest:

Which type of protest would be issued when there is a dispute about the quantity of bunkers revived?

A

A letter of protest because this is an example of the Master being dissatisfied with the conduct of another party

213
Q

Letter of Protest vs Note of Protest:

Which type of protest would be issued when severe weather forced the Master to divert to a port of refuge?

A

A Note of Protest because this is an example of the Master forced by circumstance outside of their control to take an action for the safety of the vessel which may have an adverse impact on the charterer or cargo interests.

Whitehorse Master 3000 Oral Prep (12 decks)

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