Marine Law Flashcards
1
Q
Who should a compliant be made to under MLC?
A
- The Onboard Compliant Procedure requires that complaints are raised at the lowest level possible Although seafarers have the right to raise a complaint directly to their Head of Department, the Captain, DPA or their Flag State etc.
- They may also complain to the port sate if necessary.
2
Q
MLC certification is made up of which three documents?
A
- Maritime Labour Certificate.
- Declaration of Maritime Labour Compliance - Part 1.
- Declaration of Maritime Labour Compliance - Part 2.
3
Q
The Onboard Complaints Procedure must contain contact details for whom?
A
- The MCA or the vessel’s flag state.
- The national authorities for the seafarers’ countries of residence.
4
Q
What additional hours of rest related requirements apply to those the age of 18?
A
- No work at night.
- A rest period of at least 12 hours in every 24 Hour period.
- A further rest period of at least 2 days per week, ideally consecutively.
- If the working day exceeds 4.5 hours, a 30 minute break should be provided.
5
Q
How is ‘night’ defined with regard to young person’s hours of rest?
A
A period of at least 9 hours, starting no later than midnight and ending no earlier than 0500.
6
Q
What is SEA
A
(Seafarers Employment Agreement) is a contract between the employer and the seafarer, in a format approved by the flag state.
7
Q
What are the minimum hours of rest?
A
10h in any 24h period, 77h in any seven day period and the 10 hours can be split into no more than two periods, one of which must be at least six hours.
8
Q
What is the maximum period that an SEA can remain force?
A
11 months
9
Q
How are drills considered for the purpose of hours of rest?
A
The Masters guide to the UK Flag states that “Call-outs out work” includes taking par in a ‘safety drill’ so drills do count as Hours of Work.
10
Q
What must a 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 shipowner.
11
Q
Which two documents relate to the hours of rest onboard?
A
Each seafarer must maintain a copy of their Records of hours of Rest and there must also be a Table of Shipboard Working Arrangements published in a public place onboard.
12
Q
What does the MLC stand for?
A
Maritime Labour convention.
13
Q
Which organisation created the MLC?
A
International Labour Organisation (ILO)
14
Q
What are the five titles of the MLC?
A
- (1) Minimum requirements for seafarers to work on a ship.
- (2) Conditions of employment.
- (3) Accommodation recreational facilities, food and catering.
- (4) Health protection , medical care, welfare and social security protection.
- (5) Compliance and enforcement.
15
Q
Which convention is considered the fourth pillar of the international maritime law?
A
The Maritime Labour Convention.
16
Q
What is the purpose of the MLC?
A
It is an international treaty that sets out rights and principles for seafarers, ensuring decent working conditions, fair treatment and social protection.
17
Q
What three main IMO conventions are often referred to as ‘pillars’?
A
SOLAS, MARPOL and STCW
18
Q
What is the IMO’s mission?
A
The IMO develops international conventions to promote safe, secure, environmentally sound efficient and sustainable shipping through cooperation.
19
Q
What was the IMO’s initial focus after the IMO Convention took effect in 1958?
A
Its initial focus was safety and it’s first task was the adoption of a new version of the Safety of Life at Sea (SOLAS Convention in 1960.
20
Q
Where is the IMO headquartered?
A
In London, UK.
21
Q
In the context of the IMO what is a member state?
A
A member state is any member of the UN which has accepted the IMO Convention. There are currently 175 members states and three associate members
22
Q
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.
23
Q
Which are the two main committees in the IMO?
A
The two main committees are the MSC (Maritime Safety Committee) and MEPC (Marine Environment Protection Committee), which deal with safety and environmental matter, respectively.
24
Q
What is the purpose of the Facilitation Committee?
A
The Facilitation Committee (FAL) focuses on simplifying and harmonising and procedural requirements for international maritime trade.
25
How often does the IMO's Assembly sit?
Once every two years.
26
How many IMO member states are there?
- 175 member states.
- 3 associate members.
27
What is a convention?
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.
28
What is ratification in an international context?
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.
29
Can a convention be adopted without being ratified?
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.
30
What is ratification in a national context?
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.
31
When does a convention which has been adopted by the IMO come into force?
Each convention will state the conditions which need to be met for a convention to come into force. Normally, conventions come into force one year after ratification by a sufficient number of states, which together represent a sufficient percentage of world tonnage.
32
When does a convention which has been adopted by the IMO come into force?
Each convention will state the conditions which need to be met for a convention to come into force. Normally, conventions come into force one year after ratification by a sufficient number of states, which together represent a sufficient percentage of world tonnage.
33
Where do proposals for new IMO conventions come from?
A proposal for new conventions can come form a member state, a group of member states or the IMO itself.
34
What is tacit acceptance?
Tacit acceptance is a procedure where amendments come into force unless objected to by one third of member states.
35
How are very significant amendments made to IMO conventions?
Larger amendments are passed through protocols. A protocol is effectively a new treaty which is added to the existing convention.
36
Why was tacit acceptance adopted as a method of amending IMO instruments?
Tacit acceptance was adopted because waiting for explicit acceptance for minor amendments was proving impossible, with many worthwhile amendments simply never being adopted.
37
In the context of the IMO, what are amendments?
Amendments are 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.
38
What is an IMO Resolution?
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 amendments or formal guidelines published by the relevant committee.
39
What is an IMO Circular?
IMO circulars serve as means of disseminating information sharing best practices and facilitating the implementation of IMO conventions and guidelines. They are not as formal as Resolutions.
40
Wheat is primary legislation?
In the UK, it is called an Act of Parliament. An Act will have started as a bill which was then approved by both Houses of Parliament and received royal assent.
41
What is ratification?
A process whereby a member state confirms its consent and chooses to incorporate. it into its national law. The term technically only applies when a member state adopts the convention before it has entered force, otherwise the term 'accession' applies.
42
In the UK, which body enforces the requirements of an IMO convention once it has been ratified?
The Maritime and Coastguard Agency (MCA).
43
What is secondary legislation and how is it made?
Secondary legislation, such as Statutory Instruments and regulations, are made by the Secretary of State using the powers given to them under the Merchant Shipping Act. They draw up the proposed law and then lay it before Parliament under a much simpler and quicker process than primary legislation.
44
What happens if a nation state has not ratified a convention which has come into force internationally?
The convention will be not law in that country but if vessels flying that nation's flag wish to trade internationally and visit countries that have ratified it and will enforce it, they will be forced to comply.
45
How does the Secretary of State amend, or introduced new parts to, the Merchant Shipping Act?
The Merchant shipping Act gives the Secretary of State the power to amend it or to introduce new regulations under its auspices. To do so, the Secretary of State will lay a Statutory Instrument before Parliament.
46
What is an SI?
An SI is a statutory instrument. It is a piece of secondary legislation, which is used to amend or add to a parent Act of Parliament (primary legislation).
47
How are statutory instruments which relate to the maritime industry normally titled?
Merchant Shipping AND/OR Fishing Vessels (THE SUBJECT OF THE SI) Regulations Year (SI YEAR /NUMBER)
48
What is an MSN?
A Merchant Shipping Notice.
49
What is an MIN?
A Marine Information Note
50
Which form of M Notice must be compiled with and why?
Merchant shipping Notices must be complied with because they directly explain the requirements of the underpinning law.
51
Which form of M Notice would explain changes to the support available for maritime training schemes and why?
A Marine information Note because it provides information which is relevant only to a small group of people and has no bearing on any legal requirement.
52
What is an MGN?
A Marine Guidance note.
53
What is the baseline?
The line that separates internal and territorial waters .Although typically measured from the low water line along the coast, the baseline can be drawn between features where the coastline is broken by estuaries, islands, etc.
54
What it the EEZ?
(Exclusive Economic Zone) It typically extends up to 200nm from the baseline and offers the coastal state rights over the exploration and exploitation of natural resources in the water column and on or under the seabed.
55
What is the territorial sea?
An area up to 12nm from the baseline, in which the coastal state has full sovereignty and control over its waters, airspace and the seabed and subsoil.
56
What does UNCLOS stand for?
United Nations Convention on the Law of the Sea.
57
What is 'innocent passage' and where does it apply?
Innocent passage is the right of foreign vessels to navigate peacefully through another country's territorial sea without posing a threat or engaging in unlawful activates.
58
What is the maximum distance to which the Contiguous Zone may Extend?
24nm.
59
What is the 'High Seas' defined as?
A general term for areas seaward of the territorial sea.
60
What is 'Internal Waters' defined as?
Inside the Baseline.
61
What is the 'Contiguous Zone' defined as?
From the baseline up to 24nm seaward.
62
What is the 'Continental shelf' defined as?
An extension of the EEZ based on bathymetric features.
63
Does UNCLOS require a ship to be registered?
- No.
- It gives nations the right to maintain a vessel register and for vessels to fly its flag.
64
What is a flag state?
The country in which a vessel is registered and whose flag the vessel therefore has the right to fly.
65
What is the 'Administration'?
is the IMO's word for flag state.
66
Why are vessels flagged?
Vessel are flagged so that they have someone to issue them with the certificates they need to trade internationally.
67
What is a national register?
A traditional ship register, which requires a direct and genuine link between the shipowner and the state in order for vessels to be registered there.
68
What is an open register?
A flag state which permits foreign vessels to be registered in that country, without requiring the shipowner to have any links to the country.
69
What is a second register?
Some traditional flag states have opened an additional ship register which is more open to international shipping but still enables the vessel to fly the same flag.
70
What is a flag of convenience?
Flag of convenience is another term for open registry.
71
What is the IMO's Member State Audit Scheme?
A mandatory scheme where member states are audited for their compliance and enforcement with international legislation.
72
What is the UKSR?
The UK Ship Registry is an executive agency of the UK's Department of Transport.
73
How many parts are there to the UK Ship Register?
Four.
74
What type of register is the UK?
After widening the eligibility criteria in 2019, the UK became an 'international register', i.e. one that is not solely limited to nationally-based companies (a 'closed' register) but not fully 'open register' either.
75
How many shares of a vessel must the qualifying person own for them to be able to register it in the UK?
The qualifying person must own at least 33 out of 64 shares.
76
What is IACS?
The International Association of Classification Societies. Founded in 1968, it has a membership of eleven leading classification societies.
77
What is a classification society?
A classification society is a non-governmental organisation which establishes and enforces technical standards for the design, construction and operation of ships.
78
Which classification societies are members of IACS?
- American Bureau of Shipping (ABS).
- Bureau Veritas (BV).
- Det Norske Veritas (DNV).
- Lloyd's Register (LR).
- China Classification Society (CCS).
- Indian Register of Shipping (IRS).
- Korean Register (KR).
- Polish Register of Shipping (PRS).
79
What is the significance of a Certificate of Class for a vessel?
A Certificate of Class confirms with the rules and standards of a classification society.
80
Why are Unified Interpretations (UIs) developed by IACS?
UIs are developed to provide consistent interpretation of IMO regulations, ensuring uniform application of standards without introducing new requirements.
81
Besides safety and quality, what are some benefits associated with vessels holding a valid Certificate of Class?
A valid Certificate of class can lead to favourable terms for insurance and financing, as well as enhancing, as well as enhancing the standing of the vessel and it's owner in the industry. It is also likely to make it easier to trade internationally.
82
What are the primary functions of a classification society during the construction of a vessel?
Classification societies review design plans, conduct inspections and approve construction and approve construction stages to ensure adherence to regulations and their own rules.
83
Is it mandatory for a vessel to be classed?
No but the vast majority of vessels are.
84
In the context of survey and certification, what does RO stand for?
Recognised Organisation.
85
What is a Recognised Organisation?
An organisation, usually a classification society, that has been recognised by a flag state for the purpose of surveying and issuing certificates.
86
Which classification societies are Recognised Organisations in the UK?
- American Bureau of Shipping (ABS).
- Bureau Veritas (BV).
- Det Norske Veritas (DNV).
- Lloyd's Register (LR).
- Registro Italiano Navale (RINA).
87
Which international instrument sets guidelines for the assessment, authorisation and oversight of ROs?
The recognised Organisation Code or the RO Code.
88
Who decides which organisations can be approved as ROs?
Each flag state authorities its own ROs, under the guidelines laid down by the IMO in the RO Code.
89
What is the purpose of PSC?
It allows local maritime authorities to inspect foreign vessels that enter their ports to verify compliance with international regulations and standards.
90
What is an MOU with regard to Port State Control?
A Memorandum of Understanding between national authorities in an region who agree to coordinate PSC inspections.
91
What is a PSCO?
Port State Control Officer.
92
Why would national authorities wish to operate under a regional MOU?
National authorities are able to improve the efficiency of their Port State Control inspections, focusing their limited resources on substandard vessels and reducing the frequency of inspections on high-quality vessels which have been inspected recently.
93
How many MOUs are there with regard to Port State Control?
There are nine regional MOUs, with a tenth PSC regime operated independently by the US Coast Guard.
94
Why is PSC sometimes referred to as a 'safety net'?
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 floor on international compliance below which low-quality vessels or flags are not able to fall.
95
If a vessel fails to meet international standards during a Port State Control inspection, what are the consequences?
Depending on the severity of the issue, the PSCO can require that it is rectified in a given timeframe or, if the issue is serious, they can detain the vessel until the issue is resolved.
96
Which are the nine regional Port State Control MOUs?
Paris MOU - Europe and the North Atlantic.
Tokyo MOU - Asia and the Pacific.
Acuerdo de Vina del Mar - Latin America.
Caribbean MOU - Caribbean Sea.
Abuja MOU - West and central Africa.
Black Sea MOU - The Black Sea region
97
How does the Paris MOU inspection regime work?
Countries within the Paris MOU work together to harmonise their inspection efforts. They choose which vessels to inspect and how detailed the inspection should be based on a risk profile assigned to each vessel.
98
Which factors are taken into account when determining the risk profile of a vessel under the Paris MOU?
- Type of vessel.
- Age of vessel.
- Flag performance.
- Class (RO) performance.
- Company performance.
- History of deficiencies and detentions.
99
Under the Paris MOU, vessels over what age are automatically considered High Risk?
12 years.
100
What are the three risk profiles under the Paris MOU?
- High Risk Ship.
- Standard Risk Ship.
- Low Risk Ship.
101
How is flag performance judged under the Paris MOU?
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 state's IMO Member State Audit Scheme status.
102
What is THETIS?
THETIS is the Paris MOU's Port State Control information database.
103
Which Paris MOU risk profile are passenger vessels and oil tankers always considered to be?
Passenger vessels and oil tankers always considered to be High Risk Ships.
104
What is a Paris/Tokyo MOU Concentrated Inspection Campaign?
CICs on areas where high levels of deficiencies have been encountered or where new convention requirements have recently entered into force. Each campaign take place yearly over a period of three months (September - November) and is combined with a regular inspection.
105
What was the subject of the 2024 Paris & Tokyo MOU Concentrated Inspection Campaign?
Crew Wages & SEAs under MLC.
106
How often should a high risk vessel be inspected?
Inspected between 5-6 months after the last inspection in the Paris MOU region.
107
How often should a standard risk vessel be inspected?
Inspected between 10-12 months after the last inspection in the Paris MOU region.
108
How often should a low risk vessel be inspected?
Inspected between 24-36 months after the last inspection in the Paris MOU region.
109
Why would a vessel undergo a More Detailed inspection under the Paris MOU?
If clear grounds were established during the initial inspection by the PSCO.
110
How often are High Risk Ships required to undergo an Expanded Inspection under the Paris MOU?
At least once every twelve months.
111
What is a Periodic Inspection under the Paris MOU?
A periodic Inspection is the normal PSC inspection conducted on an interval based on the risk profile of the vessel.
112
What is an additional Inspection under the Paris MOU?
An additional Inspection is one which is triggered by an 'overriding' or 'exceptional' factor.
113
If the PSCO encounters deficiencies, what will they do?
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 serious deficiencies, the vessel may be detained until the issue is rectified.
114
What is seaworthiness?
A vessel is seaworthy when she is reasonably fir in all respects to encounter the ordinary perils of the seas of the adventure insured.
115
What are the five Cs of seaworthiness?
- Certification.
- Condition.
- Compliance.
- Crew.
- Conduct.
116
How does 'crew' relate to seaworthiness?
In order for a vessel to be seaworthy, it must be crewed be an adequate number of qualified, medically-fit and familiarised seafarers, as per the vessel's Safe Manning Document and the requirements of the ISM Code.
117
How does 'compliance' relate to seaworthiness?
- Although a vessel may have the required certificates, 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/passenger-related requirements.
118
What is the minimum age to work on board a vessel?
16 year of age. However those employing 16-18 year olds have some extra control measures to abide by.
119
What medical certification is required to work on board a vessel?
An ENG1 or equivalent.
120
Which conventions and code include requirements relating to training and familiarisation which apply to all seafarers?
- The STCW Convention lays down the core requirements for qualification and training of seafarers.
- SOLAS requires Safe Manning Document, which must be complied with regarding the number of qualified persons onboard.
- The ISM Code also requires that seafarers are qualified but incorporates additional requirements relating to familiarisation too.
121
What are the Manila Amendments?
The term 'Manila Amendments' refers to the 2010 amendments to the STCE Convention.
122
How long does a seafarer medical certificate last?
A full-term certificate lasts not more than one year for those under the age of 18. However, they can also be issued for shorter periods or with restrictions, if the Doctor conducting the medical examination deems it necessary.
123
What is a 'young person'?
A young person is someone below the age of 18.
124
What additional hours of rest-related requirements apply to those below the age of 18?
- No work at night.
- A rest period of at least 12 hours in every 24 hour period.
- Further rest period of at least 2 days per week, ideally consecutively.
- If the working day exceeds 4.5 hours, a 30 minute break should be provided.
125
How is 'night' defined with regard to young persons' hour of rest?
Night is defined as a period of at least nine hours, starting no later than midnight and ending no earlier than 0500.
126
Title 1 - Minimum requirements for seafarers.
Which title of the MLC contains requirements relating to medical certificates.
127
Under the MLC, who must not be charged for recruitment services?
Seafarers must not be charged for recruitment services.
128
Which weekly inspections relate to MLC Title 3?
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.
129
Which vessels are required carry a Ship's Cook?
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.
130
Which document carried onboard states whether or not a vessel is required to carry a Ship's Cook?
The Minimum Safe Manning Document.
131
How often should fresh water tanks be inspected and hyper-chlorinated?
Annually.
132
What are the Chlorine ppm values required for hyper-chlorination and routine chlorination of the vessel's fresh water system?
The vessel 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.
133
What are the requirements which relate to the marking and stowage of fresh water bunkering hoses?
- Clearly marked and generally blue in colour.
- Stowed in a locker clear of the deck.
- Drained and capped at both ends when not in use.
- Flushed through and discharged to waste before bunkering commences.
134
How are the weekly inspections of crew accommodation recorded?
These must be recorded in the Official Log Book. The entry is signed by the Master and another member of the crew.
135
What is TMAS and where can contact details be found?
TMAS stands for Tele Medical Advice Services and an up-to-date list of contacts can be found in ALRS Volume 1.
136
Which vessels are required to carry a doctor?
Vessels carrying 100 or more international voyages of over three days duration are required to carry a qualified doctor onboard.
137
What rights to seafarers have regarding medical care?
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 alongside, without charge.
138
Shipowners are required to maintain financial security to cover seafarers for what?
- Medical care, wages during periods of illness, and burial/cremation costs (Regulation 4.2).
- Compensation for injury, loss and unemployment when a vessel is lost (Regulation 2.6).
- Repatriation (Regulation 2.5)
(The vessel must publish certificates in a conspicuous place proving that these financial securities are in place).
139
In the UK, which body fulfils the requirement under MLC for major accidents to be investigated?
MAIB
140
What does DMLC Part 2 contain?
Drawn up by the shipping company, DMLC Part 2 outlines the measures it has taken in order to comply with the requirements set out in DMLC part 1.
141
The Onboard Complaints procedure must contain details for whom?
- The MCA or the vessel's flag state.
- The national authorities for the seafarers' countries of residence.
142
What is the On-shore Complaint Procedure?
- Compliments the on-board complaints procedure by positioning port state authorities as an alternative route for raising a complaint when the seafarer is unsatisfied with the resolution onboard or fears reprisals.
143
What is contained in DMLC Part 1?
- Each flag state creates its own DMLC Part 1 which sets out that flag's minimum standards which a vessel must meet in order to be issued an MLC certificate.
- Contents of Part 1 issued to a particular vessel will vary slightly depending on the requirements applicable to the vessel.
144
What procedure is followed when a vessel with and MLC Certificate changes flag?
The vessel may be issued with an Interim MLC Certificate, valid for no longer than six months.
145
Which vessels does the ISPS Code apply to?
- Cargo vessels over 500gt.
- All passenger vessels on international voyages.
146
Which international convention does the ISPS Code fall under?
SOLAS The ISPS Code is empowered by Chapter XI-2 'Special Measures to Enhance Maritime Security'.
147
In general, what is found in Part A and Part B of the ISPS?
- Part A lays down mandatory requirements relating to port and vessel security.
- Part B offers a set of guidelines and recommendations on how to fulfil the requirements in Part A.
148
What are the similarities between the ISM and ISPS Code?
- They both take a risk based approach and contain very few prescriptive requirements. This is because every vessel is different and faces different security threats.
- Both require vessels and companies to assess risk and implement measures to reduce them.
- SSA and SSP's are both similar.
149
Which certificate is issued under the ISPS Code?
The International Ship Security Certificate.
150
Which certificate may be issued when a vessel changes flag?
An Interim International Ship Security Certificate.
151
How often are ISPS audits conducted?
- Exact frequency will be determined by the MCA in accordance with the approved Ship Security plan.
- Normally conducted annually.
152
What are the three roles established by the ISPS Code?
- The Ship Security Officer.
- The Company Security officer.
- The Port Facility Security Officer.
153
What is the role of the Ship Security Officer?
The SSO is responsible for the security of the vessel and for the implementation of the Ship Security Plan onboard (SSP).
154
If the Captain determines that there is a conflict between the safety of the vessel and its security, what should they do?
The Captain has the right to prioritise safety. 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.
155
What is the role of the Company Security Officer?
The CSO is responsible for the security of a fleet of vessels and for verifying that the Ship Security Plan is being implemented successfully onboard each vessel.
156
Who is responsible for developing the Ship Security Plan?
The Company Security Officer/.
157
What is the role of the Port Facility Security Officer?
The PFSO is responsible for the security of a port facility and for the implementation of the Port Facility Security Plan.
158
Who is responsible for following the Ship Security Plan?
The Ship Security Officer.
159
Which crewmembers are required to hold a valid PSA certificate?
All seafarers are required to hold a valid Proficiency in Security Awareness certificate.
160
What does SSA stand for in the context of the IMS Code?
Ship Security Assessment.
161
How is the SSP approved and by whom?
- Once the Ship Security Plan has been approved drawn up it must be approved by the flag state before the International Ship Security Certificate can be issued.
- SSP is approved by the MCA.
162
Which part of the Ship Security Plan must not be shown to a Port State Control Officer without approval from the vessel's flag state?
Part 2 of the SSP, which contains the 'sensitive procedures' relating to the vessel's security.
163
What is contained in the Appendix to the SSP?
The report of the Ship Security Assessment on which the plan is based.
164
Why can the development of the Ship Security Plan be compared to a risk assessment?
Because the Ship Security Plan is based on a ship Security Assessment. The SSA identifies security risk and the SSP puts in place control measures to mitigate those risks.
165
What are the six key areas of vessel security?
- Access to the vessel by personnel, passengers, visitors etc.
- Restricted areas of the vessel.
- Handling of cargo.
- Delivery of vessel's stores.
- Handling of unaccompanied baggage.
- Monitoring the security of the vessel.
166
When may Port State Control Officers inspect the contents of Part 1 of the SSP?
When they have clear grounds to believe that the vessel is not in compliance with the ISPS code.
167
Regarding security levels, what must the SSP contain?
The security measures for each security level both operational and physical, including the procedures for changing security levels.
168
What is the purpose of the Ship Security Assessment?
- The SSA reviews existing security measures.
- Identifies key shipboard operations, possible threats/weaknesses to those operations.
169
What is the term used to describe Security Level 2?
Heightened.
170
What is the definition of Security Level 3?
- Further specific protective security measures for a limited period of time when a security incident is probable or imminent.
- May not be able to identify the specific target.
171
Which body sets the security level for the UK-flagged vessels?
The Maritime Security Division for the Department of Transport.
172
How do security measures in the Ship Security Plan change as the Security level increase?
- As the security level increases, the SSP requires increasingly strong security measures to counter the increased threat.
- This ma involve additional security rounds, further checks on personnel, cargo or stores, or , particularly at Security Level 3. halting operations entirely.
173
Can the Master change the security level of the vessel?
No, however they may implement additional protective security measures in accordance with the Ship Security Plan whenever they believe it is necessary to do so.
174
What frequency of personnel searches are required at Security Level 2?
There is no exact generic value as this will be determined during the SSA and laid down in the SSP, meaning the number of searches will differ from ship to ship.
175
Which party can have a higher security level than the other; the port or the vessel?
A vessel can have a higher security level than the port but the port can never have a higher security level than the vessel.
176
What must a vessel do when it is notified by the port that the security level has increased?
- Vessel shall confirm receipt of the increase and the measures being implemented because of it as per the vessel's SSP.
- Vessel must notify the PFSO if there are any difficulties implementing the increased measures.
- Vessel will also inform the CSO.
177
What is the definition of Security Level 1?
Minimum appropriate protective security measures which shall be maintained at all times.
178
What happens when the vessel is at a higher security level than the port?
- The SSO or CSO shall inform 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 to match that of the vessel.)
179
How are changes to the security level made known to the vessel?
Changes will be sent by the relevant flag stat to the CSO, wo will then forward the information to the vessel.
180
What is the definition of Security Level 2?
Additional protective security measures maintained for a period of time as a result of heightened risk of security incident.
181
What is the term used to describe Security Level 1?
Normal
182
What is the term used to describe Security Level 3?
Exceptional.
183
How often should a security drill be carried out onboard?
Once every three months or within one week when more than 25% of the crew have changed.
184
How often should a security exercise be carried out?
At least once each calendar year, with no more than 18 months between exercises.
185
What's the difference between a security drill and a security exercise?
- A security drill is carried out onboard and tests the crew's proficiency in their duties under the SSP.
- A security exercise is wider in scope, is typically run from ashore by the CSO and includes the vessel and, perhaps, PFSOs or port /flag state representatives.
186
What is an SSAS?
Ship Security Alert system.
187
How much security equipment is a vessel required to carry?
- The ISPS Code does not define what security equipment should be carried onboard, aside from the required equipment, in response to the threats identified in the SSA.
- The SSP defines the required equipment in response to the threats identified by the SSA.
- The SSP is then approved by the flag state therefore making the equipment specified the minimum carriage requirement for that vessel.
188
In the UK, which authority receives SSAS alerts?
- UK Coastguard's National Maritime Operations Centre. (NMOC) in Hampshire.
(They are no longer handled by MRCC Falmouth).
189
How many activation points are required for the SSAS?
At least two, one of which must be on the bridge.
190
What happens when the SSAS is pressed?
- Vessel's identification, location and date/time of the alert are immediately sent to the CSO and the flag state authorities.
- CSO will follow the procedure in the SSP to confirm that the alert is real.
- Upon confirmation of a real alert CSO will inform flag state.
- Coastal or port state whose waters the vessel is operating in will be informed and confirm received information.
191
Where must the SSAS not raise an alarm?
Onboard or on any other vessel.
192
How long must security records be kept for?
At least 3 years.
193
How often should the SSAS be tested?
- In the UK "Periodic testing - (once a year minimum)"
- It can vary from flag to flag.
194
How long are Declaration of Security records required to be kept onboard?
- Vessel must retain completed DoS for the past three years.
- If the vessel has completed less than ten port calls in the past three years, any DoS which relates to those last ten port calls shall be kept for as long as necessary.
195
What is the Declaration of Security?
An agreement between the vessel (Master & SSO) and a port facility (or another ship) with which it interfaces specifying the security measures each will implement.
196
Why are Declarations of Security necessary?
- They require the vessel and the port (or another vessel) to agree which element of the vessel's security is being implemented by which party and ensure nothing is missed.
197
Who will the DoS be singed by?
The PFSO and the Master and/or SSO.
198
Is the completion of a Declaration of Security Mandatory?
- No
- Either party may request that one is carried out.
- Some vessels may require requesting one as it may be a SSP or PFSP requirement to be completed every port call.
199
When is a DoS more likely to be requested?
- When the vessel is operating at a higher security level than the port or another vessel.
- When interfacing with a non-SISPS port or vessel.
- When there has been a security threat or incident.
- At higher security levels or when the security level increases while the vessel is alongside.
200
What makes a contract enforceable?
- Clear offer.
- Acceptance.
- Consideration.
- Intent.
- Capacity.
201
What are damages?
- A remedy awarded by the court when a contract has been breached.
- Often in financial for and seek to make the injured party whole again.
202
What is a condition of a contract?
- Conditions are terms that are vitally important to the contract.
- If one party breaches a condition, then the contract can be avoided and the relevant party can be sued for damages.
203
What is an injunction?
A legal remedy where the court forces a party to do something or prohibits them from doing something.
204
What are punitive damages?
They are awarded when the wrongdoing has been especially serious in order to punish the errant party and serve as a deterrent to others.
205
What is a lien?
A maritime lien is privileged legal claim against a vessel, allowing creditors to seek payment by selling the vessel itself.
206
How can a lien apply to cargo?
- Can be used to recoup unpaid freight costs, forcing the cargo owner to settle their debts, potentially selling the cargo in order to do so.
207
How is a lien obtained?
If a judge is satisfied that the claimant has a legitimate claim, they would grant a lien in the form of a 'write' (pronounced 'rit').
208
To whom or what is a maritime lie attached?
to the vessel, rather than the shipowner. this stops the shipowner trying to get out of it by placing the vessel into different ownership and attempting to dispose of their assets.
209
What is a tort?
A tort is a civil wrong or harm that one party commits against another, leading to potential legal liability and the right to seek compensation from the injured party.
210
What is a tort of negligence?
A party is held liable for causing harm or loss to another due to failure to exercise reasonable care.
211
How can the tort of negligence affect how guidance is implemented?
- By establishing legal standards for duty of care and risk management, organisations and individuals may adopt guidance.
- This is done to minimise the risk of causing harm and mitigate potential legal liability.
212
What is a 'duty of care'
Duty of care is a legal obligation to act with reasonable care and attention to prevent foreseeable harm to others.
213
What is the role of the 'reasonable person' in tort law?
- A hypothetical standard used to assess whether a person's actions meet the expected level of care and caution given in a situation.
- Helps to determine liability for negligence.
214
Why is causation important in determining liability in a tort of negligence case?
The breach of duty must have directly caused the harm or because the harm was reasonably foreseeable consequence of the breach.
215
What type of agent is the Master of a vessel?
A Special Agent.
216
Why are agency relationships useful?
They enable individuals or entities to delegate authority, make legal arrangements conduct business transactions through a trusted representative without losing ownership of the asset about which the decisions are being made.
217
Is the principal bound by the decisions of their agent?
- 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.
218
When may the Master if a vessel become an Agent of Necessity?
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.
219
How does the Master become the Special Agent for the vessel's owner?
They are issued with a 'letter of authority', also called a 'Letter of Appointment', which defines the scope and timeframe of their appointment as an agent.
220
What is a charterparty?
- An agreement between the owner of a vessel and the party chartering the vessel.
- The charterparty defines the terms and conditions of the vessel's use, including the agreed-upon charter rate, duration and other relevant terms.
221
how many types of the charterparty are there?
- Bareboat.
- Time.
- Voyage.
- Contract of Affreightment.
222
What is demurrage?
An additional agreed rate paid by the charter when the laytime stated in the charterparty is exceeded during loading or discharge.
223
Which type of charter exists when the charterer pays for the crew and assumes all operational and financial responsibilities for the vessel?
Bareboat charter.
224
Which type of charter exists when a vessel is contracted to carry a cargo on one trip between two designated ports?
A voyage charter.
225
What is a notice of Readiness?
A document issued to the charterer to declare that the vessel is ready for cargo.
226
What is laytime
An agreed period, specified in the charterparty, for loading and discharging the cargo.
227
Who is responsible for the maintenance of a vessel during a time charter?
The owner, the charterer only controls the commercial aspects of the vessel i.e. its schedule.
228
What is a contract of Affreightment?
A contract to carry a number of cargoes on a specified route within a specified period of time.
229
What is laycan?
The date, or range of dates, at which the vessel should be at the loading port and ready for loading.
230
What are the two main types of marine insurance?
- Hull & machinery insurance (H&M) insurance.
- Protection & Indemnity (P&I) Insurance.
231
Is P&I insurance mandatory?
- Yes.
- To enter a port, the Master is required to provide a 'Certificate of Entry' from the shipowners' P&I club.
232
In marine insurance, what is a 'call'
The payment made by members of a P&I Club into the club's pool, from which claims are drawn once approved.
233
Which type of insurance covers third- party liabilities which a shipowner may face?
P&I insurance.
234
Is H&M insurance mandatory?
Not technically mandatory but may be a legal requirement in some jurisdictions and is likely to a requirement of vessels with a mortgage.
235
What does SCOPIC stand for?
Special Compensation P&I Club.
236
What is Lloyd's Open Form?
(Salvage Agreement)
recognised standard form of salvage agreement.
237
Which convention relates to maritime salvage?
International Salvage convention 1989.
238
How is the Salvage Convention incorporated into UK law?
Part IX (Salvage and Wreck) of the Merchant Shipping Act 1995.
239
What is a salvor.
It is the person or party that is attempting to salvage a piece of maritime property.
240
What are the two types of salvage?
- Contractual salvage.
- Common law (or pure) salvage.
241
Which four conditions must be met for a successful salvage claim to be made?
- Voluntary.
- Peril.
- Successful.
- Maritime Property.
242
What is the core principle of salvage awards under Lloyd's Open Form?
No cure, no pay.
243
Why does the SCPOIC Clause exist?
To encourage salvors to make efforts to prevent maritime pollution, even if the likelihood of salvaging the vessel is low.
244
How does a salvage contract under Lloyd's Open Form end?
The salvage contract will end when the property has been taken to an agreed place of safety as stated on the LOF.
245
How is the salvor wages affected under SCOPIC?
- If they fail, they are still awarded their time and material expenses plus 25% uplift.
246
How is SCOPIC invoked?
Either at the commencement of the salvage contract or at any point during the operation by the salvor.
247
What is general average?
A maritime principle where shared costs and losses incurred for the common safety of a voyage are proportionally distributed among all parties involved.
248
Which rules govern general average?
The York-Antwerp Rules.
249
What are the six key factors which are required for general average?
- An extraordinary event.
- Sacrifice or expenditure.
- An international act.
- A reasonable act.
- Peril.
- Commonality.
250
What is particular average?
Particular average is a loss typically caused by an accident, which is not due to voluntary action to preserve the common maritime adventure.
251
What is a letter of protest?
issued by the Master to another party to express dissatisfaction with the actions of the party. The Master may also receive one from another party.
252
What is a Note of Protest?
A sworn statement of fact made in front of a notary public, whenever the Master wishes to formally document that, despite their best efforts, something adverse occurred which was beyond their control.
253
What are the three roles of a Bill of Lading?
- A receipt for the goods.
- A contract of carriage.
- A document of title.
254
Who is the 'shipper' on a Bill of Lading?
The 'shipper is the party that is shipping the goods, as opposed to the 'carrier' which is the vessel's owner or charterer.
255
What is a Mate's Receipt?
A document issued by the Master or Chief Mate, confirming the quantity and apparent condition of the loaded cargo, as can be determined through non-intrusive visual observation.
256
What information does a bill of Lading contain?
- A detailed description, including its condition.
- The ports of loading and discharge.
- A statement about the payment of freight charges.
- The name of the consignee.
257
What is the difference between a Negotiable and Non-Negotiable Bill of Lading be 'claused'?
- It may be 'claused' when the goods received for shipment are not as stated on the Bill of Lading.
- They may be damaged, defective or there may be discrepancies in quantity, weight or quantity.
258
What is a Sea Waybill?
Alternative to a Bill of Lading, which acts as a contract of carriage and a cargo receipt but is not necessary when taking delivery of the cargo as the cargo can be delivered to the consignee stated.
259
What was the purpose of the Hague Rules?
To protect the interests of cargo owners by establishing clear liabilities and responsibilities for carriers for the first time.
260
What are the four key conventions relating to the carriage of cargo?
- The Hague Rules.
- The Hague-Visby Rules.
- The Hamburg Rules.
- The Rotterdam Rules.
261
Which of the four carriage of cargo conventions is currently in force?
The Hague Rule.
262
What is the 'due diligence' obligation contained in the Hague and Hague-Visby Rules?
These Rules introduced an obligation on the shipowner (carrier) to exercise due diligence to ensure that the vessel is seaworthy before permitting it to sail.
