Maritime Law Flashcards
What are the
main
international bodies governing shipping?
IMO
ILO
WHO
EU
What are the main
IMO conventions?
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)
What are the 5 pillars of relevant rules/regulations?
- Safety (SOLAS; ILLC; ISM)
- Labour (MLC)
- Manning (STCW)
- Environment (MARPOL)
- Security (ISPS)
Laws governing shipping/navigation?
Wordwide: Conventions
EU: EU Directives
Nationally: National laws
What is the
ILO?
International Labour Orgainization, *1919
employment and labour conditions of seafarers
=> MLC 2006
(minimum wages, work/rest hours; leave; leisure facilities; social matters)
What is the
WHO?
World Health Organization
Purpose: fighting epidemics; promoting hygiene; preventing disease spreading; research
=> IHR 2007: International Health Regulations
=> drinking water; wastewater; hygiene on board
What is the Flag Principle?
A flag state writes rules into their laws and enforces compliance on vessels flying their flag
What is the
ILT?
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
SOLAS applicability?
- international travel/trade
- all passenger ships (>12 pax)
- ≥ 500 gt
EXCEPTION: Chapter V (Safety of navigation) applies to all ships on all voyages
Solas: main chapters?
- II: construction
- III: live saving appliances/arrangements
- IV: radio communication (GMDSS &co)
- V: Safety of navigation
- IX: ISM
- XI: ISPS
How is SOLAS compliance documented?
PAX: Passenger Ship Safety Certificate
Cargo: Cargo Ship Safety Certificate
Validity of SOLAS Safety certificates?
- Pax: 1 year
- Cargo: 5 years (with annual intermediates)
=> renewal -> full re-survey
SOLAS exemption for sailing vessels?
- Holland: propelled mainly by wind, not mechanical means
- Germany: Traditionsschiffe
- Denmark: historical vessels
Which are the MARPOL annexes?
I: Oil
II: noxious in bulk
III: harmful, packaged
IV: Sewage
V: Garbage
VI: Air pollution
Application and implications of MARPOL Annex I?
oil tankers > 150 gt and other ships > 400 gt require:
- IOPP Certificate
- ORB
- SOPEP
discharge only through OWS (15 ppm)
Application and implications of
MARPOL ANNEX IV
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
Permissible Sewage discharge?
- 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 SPECIAL AREAS!
MARPOL Annex V principle
Nothing overboard, except few excemptions (food waste)
ground: ≥ 3 NM (≥ 12 NM in Special Areas)
not ground: ≥ 12 NM (not permitted in Special Areas)
Which are MARPOL Special Areas?
Baltic, Med, North Sea, Antarctic, Carribean
(…)
MARPOL Annex 5 requirements?
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
Garbage Record Book entries?
date/time of discharge/delivery
location of discharge/delivery
waste category
estimated amount in cbm
Scope of STCW?
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
Scope of MLC?
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
Scope of IHR?
International Health Regulations
=> preventing spread of infectious diseases
drinking water (facilities)
maintaning hygiene on board
=> SSC Ship Sanitation Certificate
valid for 6 months
Master’s obligations pre voyage?
Check:
1 ship
2 certificates (validity; restrictions)
3 safety equipment (complete, approved, working, expiration)
4 charts and books (for planned voyage)
5 logs / journals
6 crew and passengers
Types of PSC inspections?
Initial inspection
More detailed inspection
Expanded inspection
Criteria for SOLAS / some MARPOL annexes
Free movement of people, services, goods
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
ARBOWET
What is?
Dutch Health & Safety Act
=> employers and employees have to collaborate to improve working conditions
=> RI & E (risk inventory and evaluation)
=> dynamic: accidents/new laws/new insights => investigation and amendment
ARBOWET :
Responsibilities
- 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
ARBOWET:
monitoring and control (entities)
Generally: Labour Inspectorate
Seagoing vessels: ILT
Incident notification
Death, permanent injury; hospitalization:
Labour Inspectorate bzw. ILT (for seagoing vsls)
Additionally for death/serious injury: Research Council for Safety (OVV)
How to obtain Minimum Safe Manning Certificate?
- Owner submits crew plan
- ILT checks for:
i) safe navigation
ii) resting hours
iii) emergency preparedness - issues Minimum Safe Manning Certificate
Minimum rest hours?
- at least 10 hours/24 hours
- not more than 2 periods one of which at least 6 hours
- not more than 14 hours between rests
- minimum 77 hours per 7 days
Rest hours seafarers 16/17 y.o.
More protective for younger seafarers
Documenting work hours
À work schedule is drawn up and displayed accessible to all crew.
Master obliged to record actual work hours for every seafarer on a work list:
1. fill in within 7 days
2. give copy to seafarer
3. send to owner within 8 weeks
Master’s responsibilities
Safety of crew, vessel, and cargo. Protection of environment and all persons on board.
Seafarer’s obligations
- Comply with (reasonable) Master’s orders
- Perform work assigned by master
- Participate in maintaining ship and equipment
- Not leave ship without Master’s permission
Employment contracts
Only written contract is valid and must be countersigned by employer and seafarer.
3 types of labour contracts:
1. fixed term
2. Single or multiple voyages
3. Permanent
Enrolment/ Mustering
To enroll, sailors must have:
1. Seaman’s book
2. Medical certificate
3. Employment contract
4. Basic Safety
+ (as applicable):
5. Certificate of Competency
New Muster Roll:
(IMO crew list template )
1. before Maiden Voyage
2. Whenever crew complement changes
3. Latest 12 months after last update
À new Muster Role has to be
- sent to owners within 5 days
- owners to inform ILT
Master’s obligations
Before departure
- Ship (seaworthy; Nav Equipment; electrical equipment; cargo lashed/secured; draft; stability; Loadline)
- Certificates
- Safety installations/arrangements (incl medical, rescue, etc; bilge/fire pumps;
- Charts/Nautical Publications (uptodate; NtM;
- Logs / Journals
- Crew / Passengers (sufficient; competent; MSMC; max number of pax)
Master’s obligations
During Voyage
- Ship (supervise helm; oversee navigation; stability/loadline; keep all equipment in working order/ready to use; cargo care)
- Certificates (keep; abide by; make accessible)
- Safety (musters / perform drills; draft/stability; prevent misuse of distress signals; support ships/planes in distress; abide by radio communication protocols)
- Logbooks (maintain all required logs/journals;
- Crew/Pax safety, wellbeing; fitness for duty
Logbook
Entry requirements
- Points 1-7 of Master’s obligations during voyage
- Occurrences of interest (incidents; accidents; damages)
- emergency procedure drills (MOB; fire; evacuation: each month)
- Crew composition during voyage
- Working language on board
Master’s responsibilities during voyage
Drills
Mandatory:
1. Fire
2. Abandon ship
3. MOB
4. Lowerable liferafts
5. Handling of rescue equipment
6. Passenger Role Call
1.-3. at least once a month
OR if 25% new: within 24 hours after leaving port
OR if major changes: before sailing
LOGBOOK entries with LTBL
B/L
functions
- Transport promise
- Delivery obligation
- Ownership representation
- Receipt of goods
- Proof of condition on loading
Dutch laws
Seafarer’s act
Shipping act
Arbowet
Seaman’s Book
Entries
On arrival declarations
Duty to assist
À duty to assist always applies unless
- incapable to render assistance
- help no longer necessary
Duty to offer assistance and the right to demand assistance prevail unless completely clear that help no longer required
Accidents:
Obligations
Accidents resulting in serious or lethal injuries:
- inform ILT
- inform local/port state authorities
- inform Safety Board (OVV)
- Sea Protest
Master’s Protest
Statement of facts; witnessed by other persons on board
Coordination/Leadership of Assistance im emergency
Leadership of salvage/rescue lies with Master of vessel in need
Sea protest
Notarized Master’s statement about significant events during voyage.
Provisional statement within 48 hours of arriving in port and definite statement within 8 days
Investigative bodies of accidents or serious damages
- ILT => compliance with Dutch laws => fines
- Marine Safety Board (OVV) => recommendations for systemic problems => no fines
- Marine Disciplinary Board => may suspend license; fines ; warning/reprimand
- Public Prosecutor => criminal code (fines; incarceration)
Exchange of information
If involved in collision:
- vessel’s name
- home port
- last port
- next destination
Obligation to support:
Exception
No obligation to render assistance if this endangers own vessel/crew, but high burden of proof, to be documented, write up protest
Objectively incapable to support;
Beyond reasonable doubt support no longer required
Damage reporting
Inform:
- ILT
- Class
- SOF or Sea Protest
- port state authorities
———
=> declaration from Class Surveyor that rectified
PSC
Purpose
- safety
- living/working conditions for crew
- preventing of environmental pollution
PSC
Selection of ships
based on Ship Risk Profile
- ship type
- age
- Flag state PSC scores
- Class PSC score
- owner PSC score
- previous PSC record
- previous PSC arrests
PSC risk profile (groups)
- Low Risk Ship (LRS)
- Standard Risk Ship (SRS)
- High Risk Ship (HRS)
PSC inspection intervals
LRS: 24-36 months
SRS: 10-12 months
HRS: 5-6 months
since last inspection
Types of PSC inspections
Initial inspection
(certificates; remedies of previous PSC; general conditions)
More detailed inspection: MAY if things found out of order; MUST if certificates/documents out of order
(thorough inspection of whole ship: technical affairs and e.g. SOLAS, MARPOL, ILO, COLREGS)
Expanded inspection: in PSCOs discretion
(more critical; things that matter in emergencies: generators, shut off valves, emergency steering, …)
PLUS opérational matters (ISM; communication on board; drills; …)
Duty to report
Maritime Single Window
- 24 hrs before ETA
- if voyage < 24 hrs: prior departure
- if unknown next port: as soon as known
HRS: if due for inspection => 72 hours before ETA
