Master Yachts | Business and Law Flashcards
MARPOL
List the Annexes to MARPOL.
Annex 1 - Regulation for the Prevention of Pollution by Oil
Annex 2 - Regulation for the control of Noxious Liquid Substances in Bulk
Annex 3 - Prevention of pollution by harmful substances carried in package form
Annex 4 - Prevention of Pollution by Sewage from Ships
Annex 5 - Prevention of pollution by garbage from ships
Annex 6 - Prevention of air pollution from ships
LAW
What are the differences between civil law and criminal law?
Civil law: protects the rights of citizens e.g. marriage, contract, neighbours etc. Imposes punitive damages.
Criminal law: offenses against society e.g. murder, stealing. A criminal act against a person or property which is detrimental to society.
Define negligence.
Failure to exercise care that a reasonable person would exercise. People are to act with care taking into account potential harm they may cause.
Define Duty of Care and state precedent as an example.
To take reasonable care to avoid acts or omissions that may foreseeably harm others.
Donoghue v Stevenson
An example of Vicarious Liability.
An employer can be liable for the negligence of an employee acting in the course of employment.
What is the role of the MCA?
The MCA implements governments maritime safety policy in the UK, to prevent loss of life. It provides 24 hours SAR, certification for seafarers and ship registration.
What is the role of the MAIB?
MAIB investigates all types of incidents occurring on and to UK vessels, and within UK territorial waters. The objective is to find cause with aim of avoidance and improving safety of life at sea.
What is the importance of the Merchant Shipping Act 1995?
Most important maritime law in the UK
What are Statutory Instruments?
They are delegated or secondary legislation in the UK. They are numbered sequentially and include the year, and made available to the public to access online.
What are MSN - Merchant Shipping Notices?
Mandatory information according to UK legislation relating to statutory instruments.
What are MGN - Marine Guidance Notices?
Offer advise and guidance for the safety of life at sea and the prevention of pollution.
What are MIN - Marine Information Notices?
For a limited audience, such as; training providers, equipment manufacturers, containing information for a limited period.
Which yachts must keep an OLB - Official Log Book?
Every UK registered vessel of 25GT and over, except pleasure yachts.
If OLB entries are long, what other means for making the entry can be applied?
An annex can be created with an entry on the OLB referring to the annex.
What is the process for cancelling or amending an entry in the OLB?
Entries cannot be cancelled or amended, an additional entry must be made stating the first one has been cancelled or amended.
When should an OLB be closed?
Periods not exceeding 12 months, or when the crew agreement has been terminated.
If OLB has been completed, what should be entered into narrative section of new OLB?
Statement saying the new OLB is a continuation of the previous OLB.
Why is it advised to keep a copy of the Official Log Book Merchant Shipping Regulation (1981)?
It is a criminal offense not to make record of events and circumstances as detailed in the regulation. Also, for practical purposes for the Master to have an appreciation of what events and circumstances should be recorded.
State nature of entries in narrative section of OLB.
Change of Master, illnesses, accidents, demotions and promotions, annexes to OLB, safety committee meetings, complaints.
Which vessels must comply with REG Yacht Code, Part B?
Red Ensign vessel yachts that carry more than 12 but not more than 36 passengers, in private or commercial use, and do not carry cargo.
Which vessels is the International Load Line Convention applicable to?
Over 24m and in commercial use.
What is the purpose of the Load Line certificate?
Generally it relates to incline test and stability. It is used to determine maximum draught and bow height, and how it is marked on the hull.
What is a SOLAS Combined Safety Certificate?
It combines SEC, SRC and SCC, for vessels 500GT and over, and is for passenger vessels.
What is the purpose of a Safe Manning Document?
For the safe operation of the vessel under normal circumstances.
Which vessels shall obtain a Manning document and according to which regulation?
All commercial vessels 500GT and over, according to SOLAS chapter V.
Which equipment is surveyed for maintaining the IAPPC?
Selective catalytic reduction (SCR) for marine diesel engines; Exhaust gas cleaning; Shipboard incinerators.
Ozone (GHG gases) depleting substances are banned under which MARPOL Annex?
Annex VI. Deliberate emission of ozone depleting substances is prohibited.
MARPOL
Which certificates are issued under MARPOL Annex VI?
IAPP & IEEC
EMPLOYMENT
What sections are to be included in a crew agreement?
Outer cover (vessel description, cruising areas, date place of employment, official number etc), Contractual clauses, Lists of crew, Lists of young persons.
By signing the crew agreement and SEA, what are seamen agreeing to?
Merchant Navy Code of Conduct.
What type of vessel is a crew agreement not applicable to?
Pleasure vessels engaged in Coastal voyages, and, vessels where not more than 4 receive wages.
Which MGN provides an example of a non-MLC 2006 crew agreement?
MGN 474
Which contract of employment prevails - crew agreement/seafarers employment agreement, or other company contract/similar document?
Crew agreement/Seafarers employment agreement
If a seafarer has a medical condition according to the ENG 1, which course of action should be taken?
Competent officer to consult doctor or medical practitioner to confirm the function the seafarer cannot perform - date and name recorded.
EMPLOYMENT
What must be verified prior to crew member signing SEA?
Age, certificates, medical certification, crew lists signed.
The UK Masters guide states minimum details to be maintained on crew lists, what are they?
Name and IMO of ship
Name and address of owner
Reference number for seafarer - same as whats in the SDB
Next of kin
Reason for discharge
Date commenced onboard
Date and place of leaving ship
Signatures
Copy of the crew list must be sent where?
To the owner at his UK address
When terminating an agreement it should be not less favourable than the Employment Rights Act 1996 - what are the exceptions to this?
- Mutual Consent
- Medical evidence produced where the seafarer is unable to continue carrying out their duties
- If in opinion of Master the seafarer will endanger the ship and persons onboard
- the seafarer is absent
Define ‘passenger’.
Any person except; anyone employed or engaged in the business of the vessel, any persons it could not have been prevented them being onboard, child under 1 years of age.
Do ‘trainees’ require a SEA?
They should have an SEA, however, certain provisions will not be easily applied. Training agreement maybe with trainer or sponsor, rather than agreement with shipowner.
What are the obligations of the employer concerning repatriation, according Merchant Shipping Act Section 73?
Owner/employer must maintain seaman until repatriation complete, clothing and personal necessities at expense of owner, sufficient money for minor ancillary expenses, seaman entitled to legal aid for criminal proceedings within scope of employment.
What is the procedure when a seafarer dies at sea?
- Make record in OLB
- Complete form MSF 4605 (RBD 1)
- Family to be notified
- Employer must pay for burial/cremation and expenses if deceased not returned to family - employer is not legally obligated to return deceased home.
Financially, what is the procedure for incapacitation of seafarer, due to illness and discharge to hospital?
Employer must secure payment for surgery, dental, optical treatment if cannot be postponed without impairing efficiency.
When is the UK employment law (Employment rights act 1996) applicable to seafarers?
Vessel’s registered home port must be in UK, seafarers doesn’t work wholly outside of UK, he/she is a resident of the UK. There are exceptional circumstances where a seafarers can be covered under UK law when the vessel is registered elsewhere.
What does the Merchant Navy Code of Conduct set out to do? What is its overriding objective?
The code sets out disciplinary rules reflecting the standards of behaviour expected of all seafarers. Observing the code will make the job a better and more rewarding experience and secure the safety of all onboard.
Breaches of discipline must be backed up by sanctions; what may these be?
Various grades of warnings (informal, formal, written warning and final written warning), dismissal.
List reasons for dismissal by gross misconduct.
Assault, wilful damage, possession of weapons, conduct endangering vessel and persons, disobedience of a lawful order, persistent failure to perform duties, breach of company rules, failure to report to work, sleeping when on duty, behaviour of an unsafe manner, conduct of a sexual nature, smuggling, prior warnings considered.
When a warning is given what must the seafarer be advised of?
The consequences of further breaches, and he may also be informed of the lifespan of the warning, if one has been applied.
If a disciplinary meeting is held, what is the process and what are the outcomes from the meeting?
- Seafarer can be accompanied by colleague
- He can call relevant witnesses and question other witnesses on their evidence
- Seafarer should be invited to say whether or not they admit to the allegations (if admitting, hearing moves to decide penalty)
- After hearing, person conducting will give a ruling
- Seafarer provided with written notification of the hearing and outcome
- Seafarer will be told how long a warning will remain current
- Consider no. 30, OLB entry from Merchant Shipping Regulations (OLB) 1991
State how the Merchant Navy Code of Conduct applies during an emergency.
In an emergency, Master and officers are entitled to immediate and unquestioning obedience of orders. Failure will lead to dismissal from vessel due to serious breach of the code - it may also warrant prosecution.
What is ‘unfair dismissal’?
Refers to Employment Rights Act 1996 - every employee has the right to not be ‘unfairly dismissed’. Employer must show reasons to prove dismissal was fair.
Define ‘wrongful dismissal’
This is when the employer has broken the terms of the employees contract in the dismissal process.
What is ‘constructive dismissal’?
This is when an employee resigns because an employer breached their employment contract. e.g. cut in wages, forced to work in dangerous conditions, moved to a different location at short notice, unlawfully demote them.
What remedies exist for ‘unfair dismissal?
In the UK the employee will be entitled to take the company to an employment tribunal - must be within 3 months from the grievance. Explore other solutions such as; using grievance procedure, hiring a mediator, using a trade union, getting legal help/advise
Load Line conditions of assignment is issued with what other documents?
Load Line certificate and Stability booklet
What does the Load Line conditions of assignment contain?
Contains information used to calculate freeboard and stability criteria - dimensions of vessel, specifies all openings and hatches which were examined.
What stipulations are contained within the Load Line conditions of assignment?
Conditions which must be satisfied before every departure - if conditions not complied with or are incorrect, the vessel must not sail.
What are the requirements for yachts under 500GT, commercially operated, in having a Safety Management System?
It is a requirement for these yachts that are part of the red ensign group, as per REG Yacht Code, Chapter 23A
Define ‘Pleasure Vessel’.
Used for sport or pleasure; owner not receiving any money for its operation or carrying passengers; if owned by individual, for use of owner and immediate family and friends
Define ‘Vessel Engaged in Trade’ (not including passenger yachts)
Not carrying more than 12 passengers; must be classed if over 500GT; commercial yacht being any yacht engaged in trade.
Define Passenger and what are the exceptions?
A passenger is any person onboard, except employed or engaged in the business of the yacht. Also, exception also extends to shipwrecked persons or persons onboard whereby the Master could not have prevented, and child under 1 years of age.
What does article 98 of UNCLOS 1982 state concerning rendering assistance at sea?
Ships must render assistance to any person found at sea and in danger of being lost. They must proceed with all possible speed if informed of the need of assistance.
Which SOLAS regulation states the requirement to log distress calls and reasons for not responding?
SOLAS Chapter V, Regulation 33
When is a Master released from obligation to respond to distress call?
Upon learning other ships have been requisitioned and own ship has not. Also, when informed by SAR or Master of another vessel responding that assistance is not required - entry into log book must be made with reasons for not responding
Summarise what the Merchant Shipping Act 1995 states about rendering assistance following a collision.
Master must render assistance without danger to own ship and crew, to save others from any danger, and to stay by other ship until no need of further assistance. Master to provide names of port going to and from.
When sending text messages to coastal stations in the event of an emergency, what shall prefix the messsage?
‘XXX’ or ‘SOS’
What is the primary, and secondary concerns when involved in a collision?
Primary concern is the safety of life: crew and passengers of BOTH vessels. Secondary is pollution prevention, the protection of the environment.
If vessels are interlocked after a collision, what considerations should there be concerning a case of separation?
Will it; cause ignition, reduce buoyancy, cause a larger spill, endanger other traffic?
What is the definition of a ‘Marine Casualty’ and provide some examples?
An event that occurred directly in connection with the operation of the ship resulting in: death, serious injury, loss of person, material damage to ship, ship being unfit to proceed to sea, pollution.
Define ‘Serious Injury’.
Unable to perform duties for 72 hours, or requires admittance to a hospital (or medical facility) exceeding 24 hours.
Define ‘Marine Incident’ and provide examples
An incident that does not meet the criteria to be classed as Marine Casualty e.g. close quarters situation where action has been taken to avoid a collision, an event that had potential for serious injury, a fire that did not result in damage, unintended temporary grounding.
Who is responsible for sending a report following and accident?
Master and ship owner.
Following an accident onboard, who shall this be reported to?
Harbour authority, MCA for accidents in UK waters, ships Safety Officer for follow up investigation.
What follow up actions should occur to a marine incident?
Follow up actions should include conclusions of onboard examination, covering cause, actions to avoid reoccurrence, what action has been taken or recommended - this should be signed by the Master.
Following an accident, what are the initial steps the Chief Inspector at the MAIB takes?
Obtains information from the vessel to determine if further investigation is warranted. Decision to investigate further made to determine cause and circumstance. Here it is decided whether to continue with full investigation or stop proceedings.
Following an investigation by the MAIB, would the disclosure of personal details for those involved be disclosed?
No, unless a court decides otherwise.
After completion of an investigation by the MAIB and publishing of the report, how are the findings promulgated to the public and persons involved?
Recommendations can be made to specific persons or organisations, it is expected that they respond with action to take and have taken to prevent reoccurrence. Short reports may also be published publicly of lessons learnt, call Safety Digests
What section of the Merchant Shipping Act 1995 refers to breaches concerning MAIB investigations?
Section 260
Master has a duty to report which 6 dangers to navigation, according to SOLAS Ch V, Reg 31?
Dangerous ice; Dangerous derelict; Air temperatures below freezing; Winds of force 10 and above for which no storm warning has been received; Tropical storm not yet reported; Any other danger to navigation.
Dangers to navigation communication should be by all means and contain details as stated in which SOLAS regulation?
SOLAS Ch V, Reg 32
Who has responsibility on the bridge for navigation when a pilot is onboard?
In non-compulsory pilotage situations, the Master retains absolute responsibility. The Master delegates tasks to the pilot who acts much like another crew member who has been delegated tasks.
In compulsory pilotage, who is ultimately liable for the decisions that are made?
The pilot is liable for the navigation of the ship, unless relieved of this role by the Master. It would be expected however that the pilot receives the full support of the crew and Master whilst performing his navigational tasks.
In compulsory pilotage, can the Master relieve the pilot of his duties?
Yes, but he must prove the pilot incapable of carrying out his duties.
If an accident occurs whilst under pilotage, who is responsible under civil law for liability compensation?
The owner.
Master can be criminally prosecuted for commencing a voyage in unseaworthy and unsafe vessel, under which statute?
Section 58, Merchant Shipping Act 1995
Can Port State detain a yacht and prosecute a Master if a vessel is deemed unsafe and unseaworthy?
Yes, the vessel can be detained and the Master criminally prosecuted.
Under which laws can crew, passengers seek compensation for loss?
Civil law.
Does holding valid statutory certificates deem a vessel as seaworthy?
No, they can only attest to the matters for which they relate to at the time of survey. A ship’s seaworthiness is not always a matter of fact, the courts will usually decide considering the validity of statutory certificates as evidence.
