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KZV > Maritime Law > Flashcards

Maritime Law Flashcards

1
Q

What are the
main
international bodies governing shipping?

A

IMO
ILO
WHO
EU

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2
Q

What are the main
IMO conventions?

A

1 SOLAS (1974)
2 MARPOL (1973)
3 STCW (1995)
4 COLREG
5 FAL (Facilitation of International Maritime Traffic: harmonizing declarations to authorities for calling a port)
6 ILLC (International Load Line Convention)

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3
Q

What are the 5 pillars of relevant rules/regulations?

A
  • Safety (SOLAS; ILLC; ISM)
  • Labour (MLC)
  • Manning (STCW)
  • Environment (MARPOL)
  • Security (ISPS)
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4
Q

Laws governing shipping/navigation?

A

Wordwide: Conventions
EU: EU Directives
Nationally: National laws

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5
Q

What is the
ILO?

A

International Labour Orgainization, *1919
employment and labour conditions of seafarers
=> MLC 2006
(minimum wages, work/rest hours; leave; leisure facilities; social matters)

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6
Q

What is the
WHO?

A

World Health Organization
Purpose: fighting epidemics; promoting hygiene; preventing disease spreading; research
=> IHR 2007: International Health Regulations
=> drinking water; wastewater; hygiene on board

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7
Q

What is the Flag Principle?

A

A flag state writes rules into their laws and enforces compliance on vessels flying their flag

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8
Q

What is the
ILT?

A

Inspectie Leeformgeving en Transport

Dutch governmental body, which monitors and encourages compliance with Dutch laws and regulations for a safe and sustainable living environment and transport.

=> part of monitoring compliance is delegated to Class

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9
Q

SOLAS applicability?

A
  • international travel/trade
  • all passenger ships (>12 pax)
  • ≥ 500 gt

EXCEPTION: Chapter V (Safety of navigation) applies to all ships on all voyages

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10
Q

Solas: main chapters?

A
  • II: construction
  • III: live saving appliances/arrangements
  • IV: radio communication (GMDSS &co)
  • V: Safety of navigation
  • IX: ISM
  • XI: ISPS
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11
Q

How is SOLAS compliance documented?

A

PAX: Passenger Ship Safety Certificate
Cargo: Cargo Ship Safety Certificate

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12
Q

Validity of SOLAS Safety certificates?

A
  • Pax: 1 year
  • Cargo: 5 years (with annual intermediates)
    => renewal -> full re-survey
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13
Q

SOLAS exemption for sailing vessels?

A
  • Holland: propelled mainly by wind, not mechanical means
  • Germany: Traditionsschiffe
  • Denmark: historical vessels
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14
Q

Which are the MARPOL annexes?

A

I: Oil
II: noxious in bulk
III: harmful, packaged
IV: Sewage
V: Garbage
VI: Air pollution

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15
Q

Application and implications of MARPOL Annex I?

A

oil tankers > 150 gt and other ships > 400 gt require:
- IOPP
- ORB
- SOPEP

discharge only through OWS (15 ppm)

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16
Q

Application and implications of
MARPOL ANNEX IV

A

ships > 400 gt
ships that can carry > 15 ppl
Sewage = Black Water

=> require
approved sewage treatment plant
OR approved dilution/disinfection system and sufficient storage capacity on board for stay within 3 NM
OR sufficient storage capacity

  • MARPOL connection for port reception facilities
  • ISPPC: International Sewage Pollution Prevention Certificate must be on board
17
Q

Permissible Sewage discharge?

A
  • everywhere (incl protected areas) where treated in IMO approved Sewage Treatment Plant
  • > 3 NM, if diluted and disinfected
  • > 12 NM, if discharged at moderate rate and speed > 4 kn

EXCEPT IN PROTECTED AREAS!

18
Q

MARPOL Annex V principle

A

Nothing overboard, except few excemptions (food waste)
ground: ≥ 3 NM (≥ 12 NM in Special Areas)

not ground: ≥ 12 NM (not permitted in Special Areas)

19
Q

Which are MARPOL Special Areas?

A

Baltic, Med, North Sea, Antarctic, Carribean
(…)

20
Q

MARPOL Annex 5 requirements?

A

Every ship ≥ 12 m: display garbage disposal placard
≥ 100 gt or > 15 ppl on board: Garbage Managent Plan
≥ 400 gt or > 15 ppl on board: Garbage Record Book

21
Q

Garbage Record Book entries?

A

date/time of discharge/delivery
location of discharge/delivery
waste category
estimated amount in cbm

22
Q

Scope of STCW?

A

Minimum requirements for training (everyone except PAX needs Basic Safety), experience (job on board, ship size, sailing area), certification and watchkeeping

*Flag states can decree stricter demands

*Only quality (qualification) of crew, not quantity

23
Q

Scope of MLC?

A

Improvement of seafarers’ working conditions
determines minimum employment and working conditions

  • minimum age for seafarers
  • work/rest hours
  • crew accomodation/leisure facilities
  • minimum wages and social security
  • leave and transportation
24
Q

Scope of IHR?

A

International Health Regulations
=> preventing spread of infectious diseases
drinking water (facilities)
maintaning hygiene on board

=> SSC Ship Sanitation Certificate
valid for 6 months

25
Q

Master’s obligations pre voyage?

A

Check:
1 ship
2 certificates
3 safety equipment
4 charts and books
5 logs / journals
6 crew and passengers

26
Q

Types of PSC inspections?

A

Initial inspection
More detailed inspection
Expanded inspection

27
Q

Criteria for SOLAS / some MARPOL annexes

A
28
Q

Free movement of people, services, goods

A

All EU seaports are considered to be external borders of the EU

Schengen Agreement only applies to overland traffic, not to traffic by sea

=> compliance with all customs and immigration formalities

29
Q

ARBOWET
What is?

A

Dutch Health & Safety Act

=> employers and employees have to collaborate to improve working conditions
=> RI & E (risk inventory and evaluation)

30
Q

ARBOWET :
Responsibilities

A
  • employees and employers must work together to improve health, safety, and wellbeing
  • employer ultimately responsible, but consultation with employees is mandatory
  • EMPLOYERS: must map the risk, suggest improvements, evaluate the procedures (= RI&E)
  • EMPLOYEES: must follow safety instructions and use *^PPE**
  • Master = Owners Rep => responsible for compliance
31
Q

ARBOWET :
Responsibilities

A
  • employees and employers must work together to improve health, safety, and wellbeing
  • employer ultimately responsible, but consultation with employees is mandatory
  • EMPLOYERS: must map the risk, suggest improvements, evaluate the procedures (= RI&E)
  • EMPLOYEES: must follow safety instructions and use *^PPE**
  • Master = Owners Rep => responsible for compliance

KZV (7 decks)

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