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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 Certificate
- 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
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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 SPECIAL AREAS!

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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)

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19
Q

Which are MARPOL Special Areas?

A

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

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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

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21
Q

Garbage Record Book entries?

A

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

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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

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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
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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

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25
Q

Master’s obligations pre voyage?

A

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

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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)

=> dynamic: accidents/new laws/new insights => investigation and amendment

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:
monitoring and control (entities)

A

Generally: Labour Inspectorate

Seagoing vessels: ILT

32
Q

Incident notification

A

Death, permanent injury; hospitalization:

Labour Inspectorate bzw. ILT (for seagoing vsls)

Additionally for death/serious injury: Research Council for Safety (OVV)

33
Q

How to obtain Minimum Safe Manning Certificate?

A
  1. Owner submits crew plan
  2. ILT checks for:
    i) safe navigation
    ii) resting hours
    iii) emergency preparedness
  3. issues Minimum Safe Manning Certificate
34
Q

Minimum rest hours?

A
  1. at least 10 hours/24 hours
  2. not more than 2 periods one of which at least 6 hours
  3. not more than 14 hours between rests
  4. minimum 77 hours per 7 days
35
Q

Rest hours seafarers 16/17 y.o.

A

More protective for younger seafarers

36
Q

Documenting work hours

A

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

37
Q

Master’s responsibilities

A

Safety of crew, vessel, and cargo. Protection of environment and all persons on board.

38
Q

Seafarer’s obligations

A
  1. Comply with (reasonable) Master’s orders
  2. Perform work assigned by master
  3. Participate in maintaining ship and equipment
  4. Not leave ship without Master’s permission
39
Q

Employment contracts

A

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

40
Q

Enrolment/ Mustering

A

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

41
Q

Master’s obligations
Before departure

A
  1. Ship (seaworthy; Nav Equipment; electrical equipment; cargo lashed/secured; draft; stability; Loadline)
  2. Certificates
  3. Safety installations/arrangements (incl medical, rescue, etc; bilge/fire pumps;
  4. Charts/Nautical Publications (uptodate; NtM;
  5. Logs / Journals
  6. Crew / Passengers (sufficient; competent; MSMC; max number of pax)
42
Q

Master’s obligations
During Voyage

A
  1. Ship (supervise helm; oversee navigation; stability/loadline; keep all equipment in working order/ready to use; cargo care)
  2. Certificates (keep; abide by; make accessible)
  3. Safety (musters / perform drills; draft/stability; prevent misuse of distress signals; support ships/planes in distress; abide by radio communication protocols)
  5. Logbooks (maintain all required logs/journals;
  6. Crew/Pax safety, wellbeing; fitness for duty
43
Q

Logbook
Entry requirements

A
  1. Points 1-7 of Master’s obligations during voyage
  2. Occurrences of interest (incidents; accidents; damages)
  3. emergency procedure drills (MOB; fire; evacuation: each month)
  4. Crew composition during voyage
  5. Working language on board
44
Q

Master’s responsibilities during voyage

A
45
Q

Drills

A

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

46
Q

B/L
functions

A
  1. Transport promise
  2. Delivery obligation
  3. Ownership representation
  4. Receipt of goods
  5. Proof of condition on loading
47
Q

Dutch laws

A

Seafarer’s act
Shipping act
Arbowet

48
Q

Seaman’s Book
Entries

A
49
Q

On arrival declarations

A
50
Q

Duty to assist

A

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

51
Q

Accidents:
Obligations

A

Accidents resulting in serious or lethal injuries:
- inform ILT
- inform local/port state authorities
- inform Safety Board (OVV)
- Sea Protest

52
Q

Master’s Protest

A

Statement of facts; witnessed by other persons on board

53
Q

Coordination/Leadership of Assistance im emergency

A

Leadership of salvage/rescue lies with Master of vessel in need

54
Q

Sea protest

A

Notarized Master’s statement about significant events during voyage.

Provisional statement within 48 hours of arriving in port and definite statement within 8 days

55
Q

Investigative bodies of accidents or serious damages

A
  • 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)
56
Q

Exchange of information

A

If involved in collision:
- vessel’s name
- home port
- last port
- next destination

57
Q

Obligation to support:
Exception

A

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

58
Q

Damage reporting

A

Inform:
- ILT
- Class
- SOF or Sea Protest
- port state authorities
———
=> declaration from Class Surveyor that rectified

59
Q

PSC
Purpose

A
  • safety
  • living/working conditions for crew
  • preventing of environmental pollution
60
Q

PSC
Selection of ships

A

based on Ship Risk Profile

  • ship type
  • age
  • Flag state PSC scores
  • Class PSC score
  • owner PSC score
  • previous PSC record
  • previous PSC arrests
61
Q

PSC risk profile (groups)

A
  • Low Risk Ship (LRS)
  • Standard Risk Ship (SRS)
  • High Risk Ship (HRS)
62
Q

PSC inspection intervals

A

LRS: 24-36 months
SRS: 10-12 months
HRS: 5-6 months

since last inspection

63
Q

Types of PSC inspections

A

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; …)

64
Q

Duty to report

A

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

KZV (7 decks)

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