LEGAL & SALVAGE Flashcards
Who does the master represent?
- The employer. Duty of care over the employees. Health and safety, Risk assessment, MLC compliance, Hours of work, Medical provision, Welfare.
- The owner. Agent of the owner. Seaworthiness, cargo legalities, repatriation, bills of lading, Seafarers employment, salvage
- The flag state. Implementation of flag state law, ISM code, Pollution prevention, certification, Flies flag, makes returns.
In what sense do the officers represent the master?
Ship commander - Master
Senior officers - Heads of department (Chief mate, Chief engineer, Chief stewardess, Purser)
Responsible officers (OOW, Engineering officers)
Senior ratings – (Bosun, Chef)
Ratings – Deckhand, engineers, stewards
The representations are authorised in the Master´s standing orders and required in the seafarer employment agreement of each individual officer.
Deck officers are responsible for the safe navigation of the ship, cargo handling and stowage, communications, readiness of LSA/FFE
All officers have a responsibility to comply with lawful orders, to work safely onboard the ship, to raise health and safety concerns, to stop pollution of the marine environment
What are your responsibilities under the Health and safety regulations?
- Provide a safe working environment
- Provide training (Including safety induction)
- Provide safety equipment (LSA, FFE, PPE)
- Ensure crew are aware of all risks involved
- Appoint safety officers and safety representatives
- Listen to, accept and act upon any concerns
What does it mean to have duty of care? What does the master have duty of care over?
To be liable for actions or omissions which may cause harm to people or property
• Under the ISM code, People, Pollution
• As representative of the owner, Property, Employees, Cargo
What are the obligations under SOLAS Chapter V?
- Mandatory reporting.
- Proceed to assistance
- Passage planning
- Danger messages is bound to communicate the information by all means at his disposal to ships in the vicinity, and also to the competent authorities.
What are the requirements to report navigational dangers?
The master of every ship which meets with dangerous ice, a dangerous derelict, or any other direct danger to navigation, or a tropical storm, or encounters sub-freezing air temperatures associated with gale force winds causing severe ice accretion on superstructures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received, is bound to communicate the information by all means at his disposal to ships in the vicinity, and also to the competent authorities.
What is Mandatory reporting? What are the different types of VTS?
IMO adopted ship reporting schemes. Statutory harbour authorities and competent harbour authorities.
Mandatory and non-mandatory. Active and passive.
What are the requirements to proceed to a vessel in distress?
The master of a ship at sea which is in a position to be able to provide assistance on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found.
When is it not necessary to proceed to a distress?
- He is unable to
- In special circumstances he considers it unreasonable or unnecessary
- He is released from the obligation by being informed of the requisitioning of other ship or ships than his own and that this is being complied with
- If the vessel in distress or the rescue co-ordinator informs him that his assistance is no longer needed
What are the requirements after being involved in a collision with another ship?
Render all assistance possible to the other vessel (as if it were in distress) so far as he can do so without endangering his own vessel, crew or passengers
Exchange Details of his vessel such as name and port of registry
Inform the other vessel of his last and next expected port of call.
Would raise a note of protest against the other vessel
Report to MAIB
What is a prohibition notice?
Issued under section 262 of the merchant shipping act 1995. Prohibition notice can be issued against any form of activity that an inspector considers to be a direct threat to a person´s safety or a direct threat to the environment. Work must stop until conditions are met.
Ignorance of a prohibition notice could lead to a fine of up to 50,000 GBP.
What are the major offences under the merchant shipping act?
These are considered as major and can attract a fine over the statutory maximum.
• Ignorance of a prohibition notice
• Sailing when under detention
• Causing ship to become unseaworthy
• Carrying more passengers than certified
• Proceeding the wrong way in a TSS
• Not rendering assistance after a collision
There is no limit on the fine and up to 2 years in jail.
What is an improvement notice?
Notice issued by a flag state inspector. Issued if there is no direct threat to a person´s safety or a direct threat to the marine environment. Improvements must be made withing a given timescale, otherwise there could be a fine up to the statutory maximum of 5000 GBP
What is a Note of protest? When may it be raised? Give examples
It can be used by the master of any vessel to identify a situation which may subsequently lead to a future legal claim. Anything that needs to be highlighted at an early stage. It is a statement of facts
It may be raised in the event of the following:
• Unhappy with the situation
• Express disapproval
• Express objection
• Highlight a discrepancy
• Anything which may give rise to a future claim
Examples
• Bunkers off specification
• Charterers sending vessels to an unsafe port
• Delays to a vessel caused by a third party
• Cargo has been damaged by bad weather
• Dispute of the bill of lading
The master should get his note of protest notarised by a notary public
It is a statement of fact and not opinion.
What is detention? When can a ship be detained?
Can be effected by the Flag state or port state if it is deemed that a vessel is dangerously unsafe. A vessel which if it were to proceed to sea, would be a direct threat to persons or the marine environment.
Notice of detention must be served
When can a vessel be arrested or seized
In the event of a judicial process which secures a maritime claim against the vessel, a vessel may be detained for financial reasons. This is known as arrest or seizure, depending on the stage of the judicial procedure.
• Arrest is detainment of the vessel for the duration of a judicial procedure
• Seizure is detainment of the vessel following the conclusion of the judicial procedure
What is a maritime lien? Under what circumstances?
A maritime legal procedure where the vessel has been seized against court order. Where the claimant has a claim over the value of the vessel.
The payment is prioritized as follows:
1. No payment of crew wages
2. Loss of life resulting from direct operation
3. Salvage
4. Port and pilotage dues
5. Claims on physical loss resulting from operation
6. Loans on hull or cargo
International convention on Maritime liens and mortgages 1993
What are the requirements for accident reporting and accident investigation?
UNCLOS Article 94 paragraph 7 – Each state shall cause an enquiry to be held into every marine casualty
Requirements for accident reporting MGN458
MAIB are seen as the mature organisation.
What is considered to be a serious marine casualty for the purpose of accident reporting? And an incident?
Serious marine casualty
• The death of, or serious injury to a person. renders the person unable to perform their usual duties for >72 hours, or requires their admittance to a hospital / medical facility for >24 hours.
• The loss of a person from a ship.
• The loss, presumed loss or abandonment of a ship.
• Material damage to a ship or to marine infrastructure
• The ship being unfit to proceed, or requires flag state approval or a condition of class before it may proceed.
• At sea, a breakdown of the ship, requiring towage.
• The stranding or disabling of a ship, or the involvement of a ship in a collision.
• Pollution, caused by damage to a ship or ships
Marine incident
• Close-quarters situations where urgent action was required to avoid collision.
• Any event that had the potential to result in a serious injury.
• A fire that did not result in material damage.
• An unintended temporary grounding on soft mud, where there was no risk of stranding or material damage.
• A person overboard who was recovered without serious injury.
• Snagging of fishing gear resulting in a dangerous heel.
What is the process for embarking a new crewmember onboard the ship?
- Coordinate the travel arrangements of the crewmember.
- Embark the crewmember. Take appropriate security measures. Check identification and joining letter.
- Show crewmember to cabin. Assign uniform
- Ensure the purser checks the crewmember´s paperwork
- Ensure chief mate carries out a safety induction
- Ensure the chief stewardess carries out a housekeeping induction
- Check and sign S.E.A
- The seafarer must be added to the crew list and on the OLB.
What paperwork is required for new crewmembers?
- Joining letter or letter of appointment.
- Passport. In date and valid for the intended voyage. Appropriate Visas are held
- ENG1 medical certificate. In date and valid for the intended voyage. Any restrictions noted.
- Certificate of competency (officers) and Certificate of Equivalent Competency if applicable.
- Basic STCW. (Including refreshers)
What if the officer has a foreign CoC?
C.E.C. Certificate of Equivalent competency. Accompanied by the foreign CoC
C.R.A. Confirmation of recorded application.
(Allows an officer to serve for up to 3 months)
Emergency CRA may be applied for
What would you check on an SEA?
Signed and dated by both parties. Authorised signatories noted in the DMLC part 2. Valid for the intended voyage The SEA must be approved by the flag state administration Check the agreement for: • Period of agreement • Termination conditions • Rank • Hours of work • Repatriation • Code of conduct • Leave entitlement • Complaints procedure • Payment method
What are the crew list requirements?
MSF 4156. Outer cover of the crew list.
MSF4157. All crewmembers
MSF4158. List of young persons
Official Logbook
What would you check on a new vessel?
TBD
What are the repatriation requirements?
The Owner has a duty to repatriate if:
• Seafarer goes on leave
• Seafarer leaves on compassionate grounds
• Discharged due to Illness or injury
• S.E.A terminated
• Dismissal for gross misconduct
• Court order terminates the SEA
• Vessel not in service or ceases to trade
• If the vessel is directed to a war zone
• If the ship is lost or wrecked
To the following locations:
• Country of residence
• Place SEA signed
• Place agreed in SEA
Owner pays except
• If dismissed for gross misconduct. (May be deducted from any outstanding pay)
• Breach of SEA. (The owner meets the costs and may recovered after)
Duty lapses when:
• Already exercised
• Agreement in writing
• Failure to comply with reasonable agreement
• Whereabouts unknown for 3 months
• Deceased
Under what regulation is it possible to conduct disciplinary procedures?
The crewmember is bound by their S.E.A to comply with whatever code of conduct is referred to in the agreement.
Most agreements refer to the Merchant Navy Code of conduct. (Approved by the MCA)
What is your action in the event of a drunk OOW?
- Relieve the OOW of the watch
- Check navigational status of the yacht. Ensure safety of the vessel.
- Call a witness to witness the fact that the OOW is under the influence of alcohol.
- Call the most rested deck officer to relieve the OOW.
- Send the drunken officer down to a searched cabin.
- Commence disciplinary procedures the following day
What is your action in the event of an indiscretion or breach?
A seafarer who is alleged to have breached the disciplinary rules will be called to a meeting where the seafarer will be told of the alleged breach, given the opportunity to give his/her explanation and say whether or not s/he admits it
If satisfied that no further action is called for, or needs no more than an informal warning, we shall proceed accordingly, and the matter is regarded as resolved.
If formal action required, the seafarer will be advised accordingly and may be suspended from duty
An officer or master will investigate the allegation. If following the investigation, It is concluded that no further action is called for, the matter may be regarded as resolved
If following the investigation, formal disciplinary action is called for, a formal disciplinary hearing will take place.
The seafarer will be given written notice of the disciplinary hearing
What should the written notification of a disciplinary hearing include?
- Date, time and place
- Conduct allegedly committed. The rules allegedly breached
- Potential penalty if the breach of discipline is substantiated
- The seafarers rights
