Business & Law Flashcards

1
Q

What is IMO?

A

Maritime branch of the United Nations

Their motto is “Safe, secure and efficient shipping on clean oceans.”

And from those few words comes every regulation and standard that we have to follow in the commercial shipping world.

Their main weapon to do this is through a convention.

The definition of a convention would be an internationally agreed set of minimum standards and regulation. Not law but purely like an agreement between nations for minimum standards

The big conventions they have are SOLAS, STCW & MARPOL. There are some other ones like IRPCS, Load line convention, Search- and rescue convention.

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2
Q

How does the IMO conventions get implemented into British law?

A

The Merchant Shipping Act 1995 as amended. MCA works the executive branch for the Department of Transport that oversee the Merchant Shipping Act.

Health & safety work Act 1974 covers everyone that is working, but the 2010 Merchant Seafarers regulations is specific for us seafarers, it is amendment to the 1997 regulations .

The acts of parliament are primary legislation.

Statutory Instruments allow the Secretary of State to make regulations of Safety of Shipping. Statutory Instruments are law, but they only cover a smaller aspect of the law. They are a quicker way of getting things done rather then getting a whole new act of parliament.
They are sequential every year just like for all laws in the UK.

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3
Q

What is COSWP?

A

Code of safe working practices

Created by the MCA

It is not law, but guidance. It would be foolish not to follow however as it refers to the Health & Safety Work Act.

It is a good template for the company to use for their SMS when it comes to Health & Safety

It outlines regulations, best practices and safety management advice on board ships, as well as it outlines legal duties and gives practical advice of safe work on board.

Some of the contents of COSWP are;
Safety Induction
Living onboard
Noise
Permit to work
Entering enclosed spaces
Work at height
Hot work
Anchoring & Mooring

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4
Q

What is the LYC?

A

Large Yacht Code

Created by the Red Ensign Group

Part A - Yachts over 24m carrying up to 12 passengers

Part B - Carrying more than 12 passengers but no more than 36

Ensuring standards are met on yachts

Implements all relevant conventions and international legislation to yachts.

Some of the contents of the LYC are;
Construction
Stability
Steering gear
Fire safety
Life Saving Appliances
Water freeing arrangements
Radio

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5
Q

MGN 280? (Small Commercial Vessel Code)

A

For commercial vessels in the UK up to 24m carrying no more than 12 passengers that are UK flagged or have UK as a home port

Created by the MCA

To ensure standards are being met as per national regulations instead of conventions.

Content is similar to the LYC

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6
Q

MCA?

A

Executive maritime branch of the Department of Transport.

Act as a flag state for UK vessels

Act as a port state for foreign vessels entering the UK

Overall responsible for everyone in British waters, British seafarers and British vessels.

They got the UK Search- & Rescue plan
They have the UK Oil Spill Response plan
They have spotter planes looking for breaches of MARPOL (pumping out where they shouldn’t)
They do a lot of safety campaigns
They do the shipping forecast for the met office

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7
Q

MAIB?

A

They are not part of the MCA however they work together.

They are fact finders
They want who, what, when, where, why on all accidents and near-misses in British waters or on a British vessel.

They produce a report on what happened with a recommendation and analysis to send out to the general industry for free so that we can learn from others mistake to enhance safety.

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8
Q

What does a flag state do?

A

Ensure standards on a ship are being met during build process and throughout its life.

With class they will conduct regular inspection regarding the human element, such as MLC, ISM, ISPS.

They will issue licenses and examine seafarers to ensure they are up to standard.

Audit training centres

They will give protection from which flag you are flying

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9
Q

What does a port state do?

A

They have the right to board and inspect any vessel that enters their waters up to convention standards.

In order to stop vessels being over-inspected, they have memorandums of understandings that they will share on a central database, the information of all the port state inspections they do.

We belong to the Paris MOU, like rest of Europe & Canada.

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10
Q

How do you get ready for a port state inspection?

A

We should always be ready

We would get things out to help them, log books, certificate files etc but the vessel will be ready for inspection at any time.

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11
Q

Health and Safety acts and SI;s?

A

Health & Safety at Work Act 1974 - For everyone

SI Health & Safety at Work 1997 - (M+F)

SI Health & Safety at Work 2010 - (M+F)

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12
Q

Search and Rescue Convention?

A

Aims to provide an international framework for SAR at sea so that any vessel or aircraft that gets in distress, it will get picked up and there will be plans in place to then formulate a rescue plan.

It is where are our IAMSAR Manuals comes from.

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13
Q

IRPCS?

A

International Regulations for the Prevention of Collision at Sea

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14
Q

Load line convention?

A

Applies to commercial vessels over 150GT

It aims to stop overloading so that we always have enough freeboard therefore enough reserve buoyancy.

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15
Q

STCW?

A

International Convention on Standards of Training, Certification and Watchkeeping for Seafarers

Gives us the standards of all ranks at sea of all vessels, including what need to be done for their licences and classes of licences they can have.

Chapter 8 Watchkeeping is particularly of interest because that is where the minimum standards of watchkeeping begins. It is also where our resting hours are covered.

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16
Q

SOLAS?

A

Safety Of Life At Sea

Came from Titanic

It deals with the design, construction, material, equipment, safety, management and operation of all commercial vessels.

Most of the chapters have a corresponding code that goes along with the chapter.

Chapter 2 - FSS Code
Chapter 3 - LSA Code
Chapter 9 - ISM Code
Chapter 11 - ISPS Code

17
Q

What is the difference between a convention and code?

A

A convention gives you broad terms that everybody has to follow, but the code gives you the more technical details of how to follow the convention.

18
Q

ISM?

A

International Safety Management Code

Created by IMO

Extension of SOLAS chapter 9

Came to life after the Herald of free enterprise door disaster as well as the Scandinavian Stars big fire.

There was a complete lack of Safety culture onboard and in the company.

The ISM aims to put the owners and the company to provide a standard set of operating procedures that ensures the vessel, people, environment are kept safe.
All suitable conventions and legislation has been analysed and put in to be followed.

A company has to nominate a DPA, this has to be a suitably experienced and knowledgeable person for the types of vessels they are going to be looking after. The DPA acts as a middleman between the vessel and all levels of the company including the higher levels. They will produce a safety management system, and when flag state has inspected it and approved they will issue a Document of Compliance. When the SMS comes onboard, flag state will issue the vessel with a safety management certificate that is valid for five years and subject to survey between 2nd and 3rd year.

The three documents of ISM are the Document of Compliance, Safety management certificate and the SMS itself.

The SMS needs at least a physical copy onboard for the master, the rest can be electronic.

The SMS is often comprised by several volumes to then come together as a system;
Deck manual
Cargo Manual
Bridge Manual
Emergency Manual
Engine Manual
Radio Manual

The function of an SMS is;
(SOCREM)

Safety and Environmental Policy

Operations and protection of environment, in line with flag state & international legislation

Communication between ship and shore, levels of authority

Reporting Procedures, accidents and non-conformities

Emergency Preparedness

Management review, internal audit procedures

It also contains the Planned Maintenance System which will aid the ship in everyday operations

19
Q

ISPS?

A

International Ship and Port Facility Security Code

Created by IMO

Extension of SOLAS chapter 11

Aims to establish an international framework to enhance and ensure maritime security.

This goes all the way from the Government down to the deckhand and everybody in between.

Governments provide companies and ports information within jurisdiction.

You will have a Company Security officer who will liaise with ports and governments as well as the vessel making sure they got everything they need to be compliant.

Port Facilities Security officer will make sure the port is following the code and limiting access to and from ports

Ships Security officer making sure the ship is following the ships security plan and making sure precautions are taken accordingly, doing reports, doing drills and training as well as inspection of equipment.

You will need an International Ships Security certificate from flag, a Ships Security Plan half of which is a sensitive document. You will need a Continuous Synopsis Record, a logbook that will stay with a vessel throughout its lifetime.

A Declaration of Security is an agreement between a ship and a port or a ship and a ship. It outlines shared security responsibilities. We will typically fill this in if we going into a non-ISPS Port, if the ship is going into a higher MARSEC level than the port or any other time the SSO deems it necessary.

MARSEC Level 1 is normal.
Checking everyones ID, checking X amount of bags as per Ships Security Plan, escorting visitors around,
regular security patrols,

MARSEC Level 2 is heightened
Limit entry to one point,
checking everyones bags,
pre-approved visitors,
continuous security patrols

MARSEC Level 3 is imminent
Can only be Issued by Flag due to an active threat towards the vessel.
Normally leave port and proceed to sea.

We would also have a SSAS (Ships security alert system) button that would be at least on the bridge, masters cabin and one other place that is a secret. We have to test that once a month.

20
Q

MARPOL Annex 1?

A

International Convention for the Prevention of Pollution from Ships

Annex 1 - Prevention of Pollution by Oil

All Vessels over 400GT over or Tankers over 150GT

You need an International Oil Pollution Prevention Certificate ,this is a class certificate, 5 year renewal with an annual survey

Oil Record Book, coded book that logs all transfer and discharge of oil, needs to be maintained onboard for 3 years for inspection, each completed page signed by the master

SOPEP Manual (Shipboard Oil Pollution Emergency Plan), gives guidance for the master and the officer in the event of an oil spill or where an oil spill is likely to occur. Contains list of shore based contacts, standard incident report form, flowcharts, onboard procedures, SOPEP Kit content and quantity
List of shore contacts gets updated every quarter

Special areas: Med, Baltic, Black, Red, Gulf, Antarctic, South Africa

We can only discharge oil if it is an accident (collision), or to save the vessel or a life.

We can discharge oily water if it passes through an oily water separator with a quick closing valve with no more than 15 ppm (parts per million), en route as far as practicable from land

21
Q

MARPOL Annex 2 & 3?

A

Noxious Liquid Substances in Bulk
Harmful Substances in packaged form

22
Q

MARPOL Annex 4?

A

International Convention for the Prevention of Pollution from Ships

Annex 4 - Prevention of Pollution by Sewage

For vessels over 400GT or certified to carry 15 or more people

Documentation:
You need an International Sewage Pollution Certificate and a type approved certificate for a type approved sewage plant with an agreed discharge rate

3-12nm comminuted and disinfected
12+ not treated
En route doing at least 4 knots
No visible signs of discharge

Special area: Baltic Sea

23
Q

MARPOL ANNEX 5?

A

International Convention for the Prevention of Pollution from Ships

Annex 5 - Prevention of Pollution by Garbage

Documentation:
12m+ you need Garbage placards that notifies the crew of garbage segregation and discharge.

Over 100GT or certified to carry 15 or more people need a garbage management plan and a garbage record book

Garbage management plan: is written set of instructions for everyone onboard to follow for the handling, stowage, segregation and disposal of all categories of garbage including any special categories such as cooking oil.

Garbage record book: should contain all disposal of garbage and receipts

Special areas: Med, Baltic, Black, Red, North Sea, Antarctic

Discharge within special area:
Food waste comminuted or ground if +12nm from land, en route

Discharge outside special area:
Food waste comminuted or ground if +3nm from land, en route
Food waste raw if +12nm from land, en route

24
Q

MARPOL Annex 6?

A

International Convention for the Prevention of Pollution from Ships

Annex 6 - Prevention of Pollution by Air pollution

All ships over 400GT

Documentation:
International Air Pollution Certificate
International Energy Efficiency Certificate
International Energy Efficiency Management Plan
Ozone Depleting Substances Record Book
Statement of Compliance for the Carbon Efficiency Index Rating

Maximum sulphur content within an ECA is 0.1% and 0.5% outside an ECA unless you got an approved scrubber system that is treating the gases

ECAs: North Sea, Baltic Sea, North America & American Caribbean

Mediterranean is a voluntarily compliant zone however May 2025 it will have full status

25
Q

PSSA?

A

Particularly Sensitive Sea Area

Need further protection than a special area cause if we fuck it up its gone

Great Barrier Reef
Galapagos
Florida Keys
Straight of Bonifacio

On the chart there will be a box saying PSSA see chart note and certain vessels will not even be allowed in there

Each PSSA will be different and unique and therefore you will have to read the chart for each

26
Q

September CIC

A

Concentrated Inspection campaign

Paris MOU

MLC