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Shipmasters law and business > L01/2 > Flashcards

L01/2 Flashcards

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1
Q

What is tacit acceptance?

A

-Members are informed on the amendment and the date set for it to come into force.
-Members should only contact the IMO if they wish to object to the amendments.
-Does not require member states to formally accept the amendments.

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2
Q

What is explicit acceptance?

A

Combination of:
-Certain number of member states must explicitly accept the amendments.
-Certain percentage of the members gross tonnage must explicitly accept the amendments.

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3
Q

What is a statutory instrument?

A

-Secondary legislation made by the government under the powers of an act of parliament.
-over 3000 are published each year.

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4
Q

What is an MSN?

A

-Contain mandatory information, in some cases related to an SI
-(White)

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5
Q

What is an MGN?

A

-Provides advice and guidance information.
-(blue)

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6
Q

Where can the statutory requirements for the carriage of ‘M’ notices?

A

-SOLAS chapters II-2 and 5.
-Annex 3.

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7
Q

What is the territorial sea of state?

A

-A band of sea, bordering a coastal state’s baseline.
-12 nautical miles from the baseline.

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8
Q

What is a contiguous zone?

A

A zone bounding a coastal states territorial sea, giving them control over:
-Prevent infringement of customs, fiscal, immigration.
-Punish infringement.

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9
Q

What is an archipelagic state?

A

-A state made from a group of islands including interconnecting waters and other natural features

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10
Q

What is archipelagic waters?

A

-Waters that are established for mid-ocean archipelagic states.
-Similar to territorial seas.
-Includes traditional fishing grounds and for other legitimate activities.

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11
Q

What are archipelagic sea lanes?

A

Sea lanes designated in accordance with UNCLOS article 51.

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12
Q

what is a continental shelf?

A

The underwater land extending from the coastline of a coastal State to the margin.

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13
Q

What are the benefits to a coastal sate of establishment?

A

-The wright to the minerals and non-living resources within the sea bed.
-Wrights to oil and gas production.
-Control over mining and resource extraction and can impose licences and receive loyalties.

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14
Q

What boundary limits does UNCLOS set for the continental shelf?

A

-350 nautical miles from the coastline.
-100 nautical miles form the continental areas shallower than 2500 meters below sea level.

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15
Q

what is an exclusive economic zone (EEZ)?

A

-Zone beyond and adjacent of the States territorial sea.
-State has duties of the zones natural resources such as fishing, oil, windfarms, gas and minerals. also have the capacity to lease out the resources.

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16
Q

What are the duties of a flag state under UNCLOS?

A

-Effectively exercise jurisdiction and control in admin, technical and social matters over ships flying its flag?
-Maintain a register of its ships wherever they are.
-Make sure ships flying its flag comply with Inter Alia: construction and seaworthiness, safe manning and labour conditions, training and accounting for any international agreements (STCW, ILO).

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17
Q

What is flag state control?

A

-Enforcement of national and international regulations and codes on board the nations ships.
-Is enforced wherever the vessel may be.
-If a flag state control is unable to enforce it or are unwilling to, this legislation can also be enforced by the port state.

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18
Q

What is port state?

A

The nation state in whose port a vessel is present.

19
Q

What is port state administration?

A

-Department or agency of a port state’s government with the responsibility for control of vessels in port.
-MCA, AMSA, US coastguard.

20
Q

What is the port state control regime operating in Europe?

A

The Paris Memorandum of Understanding (Paris MoU).

21
Q

What is the new inspection regime under the Paris MoU?

A

Inspections are conducted under risk based targeting mechanism that rewards quality shipping with a smaller inspections and focus on the high-risk ships.

22
Q

How are ships selected for inspection in the new inspection regime?

A

-Every vessel visiting the Paris MoU region port will have a risk profile determining the ships eligibility for an inspection.
-All ships will at some point be inspected.

23
Q

What is considered when determining the risk profile for a vessel?

A

-Ship type.
-Ship age.
-performance of the flag state.
-Performance of the recognized organisation.
-Performance of the company and ISM management.
-Number of deficiencies and detentions.

24
Q

What are the categories of inspection in the Paris MoU inspection regime?

A

-Periodic inspection (will be expanded if a high risk vessel or a ship over 12 years old)
-Additional inspection triggered by overriding or unexpected factors depending of the severity.

25
Q

What is ship classification?

A

The development, setting and application of technical standards/rules for ship design, construction and maintenance.

26
Q

what is the purpose of a classification society?

A

-Requirement hull and machinery insurers, P&I clubs, ship financers and cargo insurers.
-Class linked with statutory certification.
-Act on behalf of a flat state.
-Important in ship sale.

27
Q

What types of surveys are carried out by a classification society?

A

-Annual
-Intermediate
-Docking
-Special

28
Q

What is examined in a docking survey?

A

-Shell, bottom and bow plating.
-Keel
-Stern, stern frame and rudder.
-Rudder and rudder bearings.
-Propulsion
-Anodes
-Sufficiency on oil glands.

29
Q

What certificates do the classification society issue ships that are classed by them?

A

-Certificate of class covering hull and machinery.
-Interim certificates of class.

30
Q

Which classification societies are members of the international association?

A

-Lloyds Register (LR)
-Bureau Veritas (BV)
-China classification Society (CCS)
-American Bureau of Shipping (ABS)

31
Q

What are the secondary marine functions of major classification societies?

A

-Statutory surveys on behalf of the flag state administration.
-ISM audits.
-ISPS.

32
Q

What it is included in the Seafarer Employment Agreement (SEA)?

A

-Full name and address of the ship owner.
-The place where the agreement is entered into.
-The date on which the agreement is entered into.
-The capacity in which the seafarer is to work.
-If the agreement has been made for a definite period and termination date.
-The health and social security protection benefits to be provided to the seafarer by the shipowner.

33
Q

What happens when a seafarer signs onto a new vessel?

A

-Seafarers certificates and documents must be checked.
-Seafarers details must be entered into the crew list.
-Seafarer between 16-18 should be put on the ‘list of young persons’.
-An entry made in narrative pages of the OLB.

34
Q

What happens when a seafarer is leaving the vessel?

A

-Voyage description.
-Date and place of the seafarers discharge.
-Capacity in which the seafarer has been employed on the ship.
-Ships name, port of registry, gross or registered tonnage and official number.
-Information entered into the discharge book and returned to seafarer.
-All documents returned to seafarer.

35
Q

How is an ISM internal audits carried out?

A

-Carried out by company qualified auditors.
-As per the procedure and at the periods highlighted in the company’s SMS (once every 12 months).

36
Q

How is an ISM external audit carried out?

A

Company - Annually by the same organisation who issued the DOC.
Ships - Twice every 5 years during the validity of SMC.
Additional (interim) audits/verifications may be carried out as deemed necessary.

37
Q

What is a non conformity?

A

An activity onboard which is not in accordance with the procedures stipulated in the SMS.

38
Q

What is a special area?

A

An area which adopts mandatory methods for prevention of sea pollution due to technical reasons such as oceanographical and ecological condition.

39
Q

What are the discharge regulations for within 50 miles form land?

A

No discharge except clean or segregated ballast.

40
Q

What are the discharge regulations for more than 50 miles form land and outside special area?

A

-Clean segregated ballast.
-Discharge less than 1/30,000 of cargo carried.
-If an ODME in slop tanks are available.

41
Q

What are the discharge regulations for within a special area?

A

No discharge except clean or segregated ballast.

42
Q

What conditions may a 400GT + ship discharge machinery space bilge water outside Special Areas?

A

-Proceed on route.
-Oil not diluted less than 15ppm.
-(Tankers) Bilge water does not come from pump room bilges or mixed with residue.
-Ship and ODME or oil filtering equipment.

43
Q

What conditions may a ship less than 400GT discharge machinery space bilge water outside Special Areas?

A

-Proceed on route.
-Oil not diluted less than 15ppm.
-(Tankers) Bilge water does not come from pump room bilges or mixed with residue.
-Ship and ODME or oil filtering equipment.
-Have means to store oily water.

44
Q

What conditions may a 400GT + ship discharge machinery space bilge water inside a special area except Antarctica?

A

-Proceed on route.
-Oil not diluted less than 15ppm.
-(Tankers) Bilge water does not come from pump room bilges or mixed with residue.
-Ship and ODME or oil filtering equipment (with alarm and auto stop).
-Have means to store oily water.

Shipmasters law and business (3 decks)

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