TOPIC 4 - DRYDOCKING, PORT OF REFUGE AND SAFEGUARDING OF CARGO Flashcards
1. Drydocking (a) State particulars to be provided to dockmaster and records of previous drydock (b) State the optimum conditions for drydocking (c) State the precautions to be taken in drydock (d) State the precautions to be taken before undocking (e) State the precautions to be taken during undocking (f) State the specific precautions to be taken when drydocking with a full or partial cargo 2. Port of refuge (a) Discuss the choice to be made when selecting a port of refuge (b) Show an
What document would you expect your owners to give you a copy of when you are taking your ship into drydock?
The Drydock and Repair Specification.
What would you expect the contractor (i. e. the repairer or drydock company) to have to supply to the ship under its contract with the owners?
(1) Fire guards;
(2) fire extinguishers;
(3) connection of fire hoses to yard’s main;
(4) sea water cooling of refrigeration and air conditioning condensers;
(5) containers for collection of scrap and debris left over from repairs;
(6) containers for collection of ship’s garbage;
(7) telephone on board;
(8) emergency contacts list;
(9) electric current;
(10) possibly an earth return;
(11) two illuminated gangways;
(12) gas-free certificates from authorised chemist if requested or deemed necessary;
(13) drinking water;
(14) craneage;
(15) unmooring and mooring in drydock with assistance of yard tugs, pilots, boatmen and riggers.
Your ship is about to enter ‘Dry Dock’, what documentation and plans are you most likely to require to be readily available?
The Dry Docking Plan.
The ‘Shell Expansion Plan’.
The ‘General Arrangement Plan’.
The Chief Officers ‘Repair List’.
The Stability Information Plans and general particulars of the vessel.
A Tank Arrangement Plan.
The ‘Plug Plan’ if not incorporated into the ‘Dry Dock Plan’.
The Rigging Plan.
The Ships Fire Fighting arrangement.
Cargo plan (if appropriate).
Relevant certificates for respective survey work.
In the event that your vessel had to enter dry dock with cargo on
board, what precautions would you expect to take ?
Entering dry dock with cargo on board is not a desired option and all effort would normally be made to discharge the cargo prior to entry. However, such handling costs would be expensive and the shipping company may insist that the cargo remains on board.
In such circumstances it would depend on the weight and distribution of the cargo, its value and whether it was pilferable. In every case the main concern would be the additional stresses that would be incurred by the weight of the cargo and additional dock shores would need to be ordered in place to support the
unexpected weight.
These shores would need to be placed before the dock is flooded in the majority of cases.To do this the Dry Dock manager would require sight of not only the ‘Docking Plan’ but also the Cargo Plan.
Special cargo or valuable cargo would require lock up stow, and security services to prevent theft.
Why is a ship dry-docked?
a. For a vessel to maintain its Class Hull certificate and Safety Construction Certificate , and to comply with operational requirements.
b. In cases like collision or under water damage the vessel will be brought in for unplanned dry docking for repairs.
How often is a ship dry-docked.
a. A docking survey should be carried out twice within a 5 year period. The intermediate survey must be completed within 3 years. One of the two docking surveys within the 5 year period should coincide with a special survey. A Docking Survey is considered to coincide with the Special Survey when held within the 15 months prior to the due date of the Special Survey. An in water survey may be accepted in lieu of the intermediate survey.
For vessels operating in fresh water special consideration may be given.
Discuss the steps you would implement:
before drydocking;
Preparing the Ship for Dry Docking
a) Consult the dock master for draft and required trim.
b) The dock master will want the docking plan to position the blocks in the dock.
c) Consult on which blocks can be left clear for repairs and maintenance.
d) Prepare all necessary documenation which may be required to complete the docking operation and the expected workload inside the dock.
e) Calculate that the ship has adequate positive stability to withstand the expected ‘P’ force that will affect the vessel when taking the keel blocks. The GM should be large enough to compensate for a virtual rise in ‘G’ once the keel touches the blocks and the vessel enters the critical period.
f) Complete any ballast operations to satisfy the docking requirements regarding list and trim
g) Reduce any free surface activity within tank levels where possible
h) Secure any large pieces of equipment or cargo.
i) Brief the ships Chief Officer of the need to obtain ‘wet soundings’ as well as ‘on the block’ ‘dry soundings’.
j) Turn stabilisers into their stowed position
k) Withdraw any engine room bottom speed logs into the stow position
l) Lower any cranes or derricks to the stowed sea-going position
m) Close all hatches to ensure continuity of strength throughout the length of the vessel
n) Have the repair and maintenance list ready.
o) Create a dry-dock handbook if required, and assign responsible ship staff to their duties on the list.
p) Divide staff into groups to oversee the work carried out by yard gangs.
q) All spare parts must be checked and repair items kept ready for use.
r) Previous dry dock reports should be studied and previous clearance measures noted.
s) Clean engine room tank top and bilges.
t) Prepare sewage treatment tanks, dirty oil tanks and bilge tanks.
u) Flushing of bilge lines is to be carried out prior to dry dock.
v) The oil-water separator filter element should be renewed and the system checked for satisfactory operation.
w) For tankers, all cargo tanks are cleaned and gas freed.
x) Minimum bunkers (Fuel Oil and Fresh water) and ballast carried.
y) All heavy weights secured prior to dry dock.
z) All tanks and cofferdams must be sounded and recorded.
aa) Fire fighting plans and safety measures discussed before dry dock
bb) Fire fighting equipment on board should be checked and kept ready for use.
cc) Emergency lighting and generator should be tested before entry.
dd) Escape routes must be clearly marked.
ee) All valves and chests to be overhauled must be clearly marked.
ff) Shore connections for cooling water and fire line are to be readied.
gg) Main engine, generators, and boiler are changed over to diesel oil.
hh) CO2 total flooding systems are secured and locked before entry.
Discuss the steps you would implement after drydocking,
a) Once the ship sits properly on the keel blocks, fire hydrants, safety signs and a shore gangway is attached to it.
b) Walk the dock
c) Check the hull for any unknown damange.
d) Ensure ship is sitting correctly on the blocks.
e) Check that she is sitting evenly on the blocks.
f) Set up the gangway watch.
g) Have a dock work conference with responsible parties from ship repairers.
h) Set down the ship’s safety rules.
i) Confirm the ship yard’s safety rules.
j) Safety personnel then inspect the ship and mark dangerous areas on it with a Red tape. This is done so that hot work can be carried out with care. An example of such an area would be the fuel oil tanks.
k) Application for all the necessary permits are then made. These permits include hot work permit, cold work and enclosed space permits. Gas checks are also carried out in enclosed spaces every day to ensure maximum safety
l) Mate collects any plugs and labels and keeps them in his office.
m) Work is detailed off to the respective crew members.
Discuss the steps you would implement before flooding the dock
a) Ensure all the listed work is completed to a satisfactory standard.
b) In particular that all ‘survey work’ is completed, prior to leaving the dock.
c) The Chief Officer must sight all the tank plugs being replaced.
d) Walk the dock with the Mate, Chief Engineer and the shipyard manager.
e) Carry out an external inspection of the hull
f) Ensure that no vehicles, materials or personnel are remaining in the dock, prior to commencing any flooding operation.
g) Have the crew make the vessel ready for sailing.
h) Plan the ships movement from the dock, carrying out checks on all navigation equipment and make the relevant entries into the deck and offical log books.
i) Post the sailing board and cancelling shore leave,
j) Place the engine room and respective personnel on standby,
k) Ensure that a full set of tank soundings have been taken and that adequate supplies of fresh water, fuel and lubricating oil are on board to suit the ships movement needs.
l) These tank quantities would then be applied to a complete stability check to ensure that the vessel has an acceptable GM once she floats clear of the keel blocks. Stability checks are the sole responsibility of the ships personnel and comparison should be made between the entry soundings when the vessel was last afloat.
m) All hatch covers would be closed up and the watertight integrity of the uppermost deck assured.
n) Anchors and cables would be heaved up and stowed correctly aboard the vessel.
o) All pipelines, power lines etc. would need to be disconnected and relevant manpower should be made available both ashore and aboard the ship in order to release these safely and at the appropriate time.
p) Pilot and tugs ordered.
q) If satisfied that the ship is ready for floating, sign the Authority to Flood Certificate.
r) Keep a sharp eye on the ship during the critical period.
Describe the ship actually docking.
a) When the ship is near the entrance of the dock, a crane is used to lift wires to secure the whip to the dock winches.
b) Two winches are secured at the aft end and two at the forward end of the ship.
c) These winches are used to guide the ship into the dock and bring it to the exact spot at which it should be laid on the keel blocks.
d) Once the ship is brought directly above the keel blocks on which it will be laid on, divers are sent in the dock to ensure the ship sits exactly over the keel blocks
e) The vessel is held in position and the dock is emptied.
f) The pump room located at the forward end of the dock controls the rate of water being pumped out of the dock. This process can also be referred to as de-ballasting the dock.
g) Slow down the rate that the water is pumped out of the dock just before the vessel takes the blocks aft and during the critical period.
h) Speed up pumping once the vessel has taken the blocks overall.
i) Walk the dock once the dock is empty.
List the work routinely done in drydock
a) Hull cleaned of marine growth.
b) Painting with anti-corrosive and anti-fouling paints. Sacrificial anodes renewed.
c) Hull inspection and repairs.
d) Shipside gratings cleaned and repaired. All overboard and sea suction valves overhauled.
e) Cleaning and surveying of tanks.
f) Rudder, locking devices clearances examined.
g) Propeller damage, nut looseness, blade polishing done.
h) Tail shaft bearing wear down checked.
i) Tail shaft removed and inspected. Coupling bolts and holes deformation.
j) Anchor chain examined, cleaned and re-marked.
k) All underwater stuffing boxes repacked.
What are the stability requirements for dry docking a ship?
a) Adequate Initial G.M: When the ship touches the blocks, there is a reaction at the point of contact which raises the centre of gravity “G” and reduces the metacentric height “G.M” so that adequate initial metacentric height is required to compensate the same.
b) Vessel to be Upright: While entering the dock the vessel needs to be upright which means there should be no port or starboard list when the ship touches the blocks, the point of contact will be outside the centre line of vessel, which may force the vessel to tip over.
c) Small or Moderate Trim Aft: The slight trim allows the accenting of stern and bow in tandem rather than simultaneously as it will reduce the load and pressure on hull and the keel of vessel.
d) Calculate that the ship has adequate positive stability to withstand the expected ‘P’ force that will affect the vessel when taking the keel blocks. The GM should be large enough to compensate for a virtual rise in ‘G’ once the keel touches the blocks and the vessel enters the critical period
e) Pressed up or empty tanks: To enhance the positive stability all slack tanks, and subsequent free surface effects should either ‘pressed up’ or alternatively pumped out if possible.
f) Loose cargo or equipment. To prevent any heeling moments occurring unexpectedly, all large items of equipment and any cargo, if onboard, must be well secured.
Same situation is required when wanting to leave the dock.
What are shores when used in dry docking a ship?
Horizontal supports, usually timber employed between the stepped sides of a graving dock and the ships side shell plating. Ideally shores would be positioned in way of deck stringers and framed intersections of the ships steel work.
What is the critical period in the dry docking process?
What logbook entries should be made for a vessel entering drydock?
The period of time from the critical moment when the keel of the vessel first touches the line of blocks to the instant when she has taken the blocks overall. When is resting with her full length on all the blocks, aft to forward. Sometimes named the position of being ‘sewn’ on blocks.
What logbook entries should be made for a vessel entering drydock?
- Pilot, name
- Tugs ( by name) engaged fore and aft or as engaged
- Vessel proceeding towards open lock
- Line ashore foward and aft
- Tugs dismissed
- Moorings carried up port/starboard
- Stern clears gates
- Vessel stopped making headway inside the dock
- Dock gates closed
- Moorings checked to hold vessel
- Moorings adjusted to align ship fore and aft
- Dock pumps commenced pumping out dock water
- Block contact made
- Vessel takes blocks overall
- Side shores passed to port and starboard
- Residual water cleared from dock
- Gangway access landed between shore and ships side
- Gangway walkable
- Pilot dismissed
- Pumping of the dock complete and dock floor walkable
What are the duties of the OOW with the vessel in drydock?
- At all times he or she remains the Master’s representative.
- Adhere to company ISM procedures.
- Carry out dry dock functions allocated by the Chief Officer
- Manage the crew allocated to deck watch.
- Maintain:
- a safety watch
- a fire watch
- a security watch
- a watch for pollution incidents
- contact with the drydock manager/representative/foreman
- the fire line connection
- the log book
- list of tanks emptied and filled
- Ensure that work permits are adhered to.
- Ensure compliance with dock regulations
What are the duties of a coastal State regarding a ship seeking a port of refuge.
There are no specific duties that a coastal State has to undertake when considering a call for a place of refuge. There are IMO guidelines and these provide good information, however coastal States are not bound by them; they remain guidelines.
The “Prestige” disaster highlighted the tension between the economic, environmental and political interests of coastal states vs. the consequences of a ship deteriorating and breaking apart at sea. It also showed there was a legal and regulatory vacuum regarding the responsibilities of the world’s coastal states to mitigate environmental catastrophes.
However, for the Coastal State to evaluate the request and consequences to the vessel/environment should the vessel remain in place, continue on its voyage or proceed to a place of refuge, it should:
Obtain information on the status of vessel & crew, assistance sought, anticipated needs at refuge, and mitigation by the vessel;
If time permits, activate a “unified command” and consult with “stakeholders”;
Evaluate risks to human health, safety & the environment;
Determine response & salvage/repair resources; and
If the risks weigh in favor of granting refuge, point out the best location for refuge (port, anchorage or breakwater area), firefighting and repairs.
Further, the Port should appoint a “communications director” to interact with state agencies, media, COTP, immigration, customs, security and salvage. And the need for a good public relations campaign and damage control due to the political impact cannot be underestimated.
Finally, the Port should create a “contingency response plan” to deal with an urgent port of refuge request.
Define a ship in need of assistance.
Is this in distress?
“Ship in need of assistance” means a ship in a situation, apart from one requiring rescue of
persons on board, that could give rise to loss of the vessel or an environmental or navigational
hazard.
No, she is not in distress, but her problem could worsen, putting her in distress.
What are the Master’s concern’s when deciding on a port of refuge?
When deciding upon port of refuge, guide to port entry, owner’s suggestions, underwriter’s suggestions are to be considered. Can the port be reached safely? (Enough fuel, extent of damage).
Are the port authorities friendly/hostile?
Can the vessel enter port and remain in safely?
Repair facilities in the port.
Cost of repairs reasonable?
Can cargo be discharged/stored?
Crew repatriation facilities.
Can owner’s representatives enter/leave freely?
Spares/stores readily available?
Can ship’s spares/stores imported easily?
Survey facilities available.
Port free of war, strikes, civil commotion?
Are required charts onboard?
What procedure should be adopted by the Master when the ship has entered a port of refuge? Issue note of protest, reserving the right to extend it.
Inform owner, charterer of the ship’s safe arrival.
Inform the Flag State and the Class about the damage.
Inform underwriter in accordance with tender clause.
Inform P&I agent and underwriter’s surveyor.
If cargo to be discharged, GA adjustor and qualified independent cargo surveyor to be present before breaking bulk .
Arrange damage survey by Flag State and Class.
After receiving surveyor’s report/ recommendation, call for tenders with advice from underwriter representative for temporary repairs to enable vessel to complete voyager. .
Arrange repairs under supervision of Flag and Class surveyors and the underwriter’s surveyor.
After repair, arrange survey.
Arrange for a temporary certificate permitting voyage to discharge port or repair port where permanent repairs will be carried out.
A proper record to be kept commencing from the time of deviation to port of refuge.
Copies to send to owner for P&I claims.
Full details of damage and repairs, copies to be dispatched to owner.
The ship can be cleared for resume voyage.
Issue note of protest, reserving the right to extend it.
Inform owner, charterer of the ship’s safe arrival.
Inform the Flag State and the Class about the damage.
Inform underwriter in accordance with tender clause.
Inform P&I agent and underwriter’s surveyor.
If cargo to be discharged, GA adjustor and qualified independent cargo surveyor to be present before breaking bulk .
Arrange damage survey by Flag State and Class.
After receiving surveyor’s report/ recommendation, call for tenders with advice from underwriter representative for temporary repairs to enable vessel to complete voyager. .
Arrange repairs under supervision of Flag and Class surveyors and the underwriter’s surveyor.
After repair, arrange survey.
Arrange for a temporary certificate permitting voyage to discharge port or repair port where permanent repairs will be carried out.
A proper record to be kept commencing from the time of deviation to port of refuge.
Copies to send to owner for P&I claims.
Full details of damage and repairs, copies to be dispatched to owner.
The ship can be cleared for resume voyage.
Under what circumstances would you decide to make a port of refuge?
When a ship is in need of assistance but the safety of life is not involved. Where the safety of life is involved, the provisions of the SAR Convention should be followed.
Port of refuge is required when a ship has suffered an incident that beings her seaworthiness into doubt and she requires the protected waters of a place of refuge to carry out repairs, etc. to be able to continue her voyage to a proper port.
When a ship has suffered an incident, the best way of preventing damage or pollution from its progressive deterioration is to transfer its cargo and bunkers, and to repair the casualty. Such an operation is best carried out in a place of refuge. However, to bring such a ship into a place of refuge near a coast may endanger the coastal State, both economically and from the environmental point of view, and local authorities and populations may strongly object to the operation.
Therefore, granting access to a place of refuge could involve a political decision which can only be taken on a case-by-case basis. In so doing, consideration would need to be given to balancing the interests of the affected ship with those of the environment.
What is general average?
It is a sum of money that all parties to the venture have to pay to any one member who suffers a partial loss during the voyage. If a cargo owner does not pay his contribution, then the ship owner will have a ‘lien’ on the cargo.
What are the conditions to claim general average?
Common Maritime Adventure - More than one party must be involved in the adventure so as to be ‘common’ (shipowner, cargo owner). For a sacrifice or expenditure to be subject of general average contribution, there must be a danger common to all parties involved in the adventure.
Common Safety - All parties must have been actually benefited by the sacrifice due to a peril that endangered all the interests at risk.
Peril must be real, whereas not necessarily actual calamity. Mistaken decisions that lead to unnecessary sacrifices do not allow general average claims.
Extraordinary loss must be distinguished from ordinary loss because the latter is not allowed for general average contributions. Extended voyage time because of bad weather, leading to unnecessary fuel consumption, crew wages, etc. is ordinary loss, while damage by emergency docking is extraordinary.
Intentional decisions must be made and the loss must be voluntary.
Reasonableness is prerequisite. Unreasonable and unnecessary sacrifice or expenditure is not valid.
Success must characterize the actions of preserving the property involved in a common maritime adventure from a particular danger, to be able to allow general average contribution for the losses immersed by that effort.
General Average is in antithesis from Particular Average where loss is caused by accident and the loss lies where it falls, while in the former, intentional and reasonable loss is involved and expenses are adjusted among all parties.
General Average claims shall be adjusted in respect to both loss and contribution upon the basis of values at the time and place, where and when the adventure ends. General average clause is included in all charter parties and specifies where the adjustment will take place.
The values on which the contribution will take place are three:
1. Net value of the ship
2. Net value of the cargo
3. Percentage of freight loss
Exclusions from contribution are life, passengers’ luggage, crew wages and provisions of the ship.
The burden of proof lies on the party claiming in general average to show that the loss or expenditure claimed is correctly allowable as general average.
What is the purpose of General Average?
To ensure that the owner of a ship or cargo who has incurred an expenditure or suffered a sacrifice of his property in order to extricate the ship (and consequently the cargo) from a perilous position receives a contribution to his loss from all those who have benefited from the action.
What is a General Average loss?
A partial loss incurred through a deliberate act performed with the intention of protecting all the interests involved in a voyage from a danger which threatens them all.
How are General Average losses paid for?
They are equitably shared by all the parties to the ‘common adventure’ (i. e. the voyage), each contributing in proportion to his percentage of the total values involved (e. g. ship + cargo + freight at risk).
Who would normally be the parties to a ‘common adventure’?
The shipowner; the cargo owners (however many); the owners of the bunker fuel (who may be time charterers); the recipient of the freight at risk (usually the shipowners or time charterers). Where cargo is owned by more than one party, each cargo owner is treated as a separate interest and bears his own share of any General Average loss, no matter how small.
How is a time charterer’s interest in a common adventure determined?
By the value of his bunkers remaining on board at the termination of the voyage, plus any freight at risk. (Where the time charterer owns the cargo there may not be any freight at risk.)
Can there be General Average where a ship is in ballast?
If there is no party with property at risk other than the shipowner, no, since there is no ‘common adventure’. Where a ship is chartered, however, there may be charterers’ property at risk. In the case of a containership carrying empty containers, the owners of the containers are parties to the common adventure, so there can be General Average.
On what basis do the parties to a common adventure contribute to General Average?
All the property at risk in the common adventure at the time of the incident giving rise to the General Average act, and saved by that act, must contribute to the General Average according to its value to its sound market value at the termination of the adventure. There must be equality of contribution between the owner of property sacrificed and the owner of property saved, so that no interest profits by his sacrifice.
What forms can General Average take?
General Average acts, sacrifices, and expenditure. A General Average Act is, for example, the act of refloating a stranded ship. A General Average Sacrifice might be cargo jettisoned to assist the refloating. General Average Expenditure might be the salvor’s reward.
Could General Average be adjusted under any rules other than the York-Antwerp Rules?
Yes, depending on what was stated in the contract of carriage. Unless the contract stipulates the York-Antwerp Rules, adjustment may have to be made under the rules applicable in the country where the voyage is terminated, which may be somewhat different.
Under the York-Antwerp Rules, what are the necessary elements for a loss to be regarded as General Average?
(1 ) The sacrifice or expenditure must be extraordinary. (2) The sacrifice or expenditure must be reasonable. (3) The act must be intentional or voluntary, and not inevitable. (4) There must be a peril. (5) The action taken must be for the common safety and not merely for the safety of part of the property involved.
What is meant by ‘peril’ in the context of General Average?
A danger. The peril must be real and substantial, but it need not be imminent. The distinction between action taken for the common safety in time of peril and a measure which, however reasonable, is purely precautionary, is a very fine one. A ship drifting without engine power in mid-ocean would certainly be ‘in peril’ under the York-Antwerp Rules (which govern the assessment of most general average cases), even though the weather might be calm at the time and there was no immediate threat. Sooner or later, ship and cargo would come to grief one way or another, so the cost of a tow to safety would therefore qualify in General Average. Where the master of a perfectly sound ship prudently decides to run for shelter from an approaching storm, there is no General Average act, since the measure is purely a precaution of a prudent seaman.
What is meant by ‘action for the common safety’?
Action to avoid a loss due to a peril which threatens the interests of all the parties to a common adventure. For example, say refrigerating machinery of a reefer vessel breaks down during a loaded voyage through tropical waters, making it imperative to put into port for repairs. The threat of loss in this case is limited to the cargo and perhaps the freight. As far as the ship itself is concerned the voyage could quite safely continue, so deviation to a repair port would not be a General Average act. Where a fishmeal cargo was on fire, however, deviation would almost certainly qualify as a General Average act. Deviation to a port of refuge is only allowed in General Average where to do otherwise would imperil the ship, cargo and freight.
What actions might qualify as General Average acts?
Acts such as: (1 ) taking a tow to a port of refuge after a major machinery failure; (2) jettisoning or discharging cargo to aid refloating after stranding; (3) extinguishing a fire; (4) wetting previously undamaged cargo while extinguishing a fire; (5) beaching a ship (i. e. voluntary stranding) to avoid foundering; (6) putting into a port of refuge during a loaded voyage due to fire, shifting of cargo, collision, grounding, leakage, etc.; (7) putting into a port of refuge to effect essential hull or machinery repairs.
What sacrifices might qualify as General Average sacrifices?
For example, damaging engine, propeller or hull durring refloating operations; jettison of cargo from underdeck; jettison of cargo carried on deck by a recognised custom of the trade; slipping an anchor and cable to avoid a collision.
What outlays might qualify as General Average expenditure?
For example: costs of hiring a tug to refloat a stranded ship with cargo onboard; cost of discharging cargo in order to refloat a stranded ship or to carry out repairs at a port of refuge; salvage costs; agency fees at a port of refuge; surveyors’ fees; warehousing charges; port charges; master’s and crew’s wages while a ship is being repaired; and Average Adjuster’s fee.
When does General Average commence?
When General Average is declared after the ‘adventure is terminated’, i. e. on completion of discharge at the port of destination after a General Average act. If the voyage is abandoned at an intermediate port (perhaps the port of refuge), then the adventure terminates at that port.
Who usually declares General Average?
The shipowner, since he is the party to the common adventure closest to the action’, but legally it may be any party to the common adventure. The master could declare General Average on the shipowner’s behalf.
How, and where, should General Average be declared?
Formally, and in compliance with local law and custom, before delivery of cargo to receivers at the destination port, following the General Average act. The owners or port agent should be able to advise on local procedure.
What steps should the shipowner take after declaring General Average?
He should call in an Average Adjuster and get his advice, which would normally be to obtain Average Bonds and Guarantees on all sound cargo being discharged after the General Average act, and to accumulate evidence required for the adjustment. The adjuster will make an estimate of the total value of the loss or damage and advise the shipowner of the rate of contribution required from each party.
Does the shipowner have a lien for General Average contributions?
Yes, he has a common law lien on cargo in his possession for its contribution to a General Average. However, because General Average contributions take many months to be assessed, it is not normal for the shipowner to exercise his lien on cargo for the full contribution. Instead, he exercises the lien on some form of security pending the final adjustment. This takes the form of Average Bonds and Guarantees.
What is an Average Bond?
A signed undertaking given by cargo owners stating that, in return for delivery to them or to their order of the goods noted in the bond, they agree to pay the proper proportion of any General Average (and salvage) charges which may thereafter be ascertained to be due from the goods. Lloyd’s Average Bond form (LAB77) is normally used.
What is an Average Guarantee?
A cargo underwriter’s signed guarantee, given in consideration of delivery of the goods to their consignees without collection of a General Average deposit.
Who should collect General Average Bonds and Guarantees?
The master, or the ship’s agent on his behalf. (In practice, it will normally be the agent.)
Is any other form of General Average security acceptable?
Yes, a General Average Deposit (in cash). Deposits might not be so easy to collect, however, than Bonds and Guarantees.
What should be given to cargo owners in return for their Deposits?
A General Average Deposit Receipt, but never in duplicate.
What happens after General Average Bonds, Guarantees and Deposits are collected?
Cargo is delivered to the receivers, or to their order.
Is a port of refuge the same as a port of repair?
Not necessarily. A vessel may have to proceed from the port of refuge to a repair port. In this case, additional insurance would be required, and the insurers’ surveyor, probably from the Salvage Association, and possibly a class surveyor, would normally attend the vessel before she departed for the repair port.
What is the main reason for the Master to “note protest”?
It is to support a cargo’s owner’s claim against underwriters. There is no legal requirement to note protest, however in many countries a “note of protest” is admissible as evidence before a legal hearing and the success of a case may well depend on protest being made.
How is Protest noted?
It is carried out by the ship’s Master making a statement or declaration under oath to a Notary Public, a magistrate or a consular official. The statement is related to the occurrence during the voyage, which is beyond the control of the Master, which has given or may give rise to loss or damage. The Master must reserve the right to extend the note of protest
When would a Master ‘Note Protest’?
A ‘Note of Protest’ is made:
When the ship has encountered heavy weather which may result in cargo damage.
Whenever damage has been caused or is suspected from any cause.
Where cargo has been damaged through a peril of the sea (i.e. inadequate ventilation because of the stresses of bad weather).
When cargo is shipped in such a state as to be likely to deteri¬orate during the voyage (B/Ls would also need to be endorsed in this example).
When the terms of the Charter Party (C/P) has been breached by either the Charterer, or his agent. Examples: refusal to load, or loading improper cargo.
When consignees fail to discharge cargo or to take delivery and pay freight.
In all cases of General Average, or failure to make a cancellation date due to heavy weather.
It should be borne in mind that the act of Noting Protest should be made as soon as possible after arrival in port. Where a cargo Protest is being made, this should be carried out before ‘breaking bulk’.
Where cargo is for several ports, a Note of Protest should be made in each port.
When, during your stay in port, should you note protest following a heavy weather voyage?
As soon as possible after arrival, always within 24 hours of arrival, and (where there may be cargo damage) preferably before breaking bulk.
In the case of a multi-port discharge, do you need to note protest at each discharge port?
Perhaps, depending on local law. The agent at the first port should be asked if it will be necessary to note protest at each port in the rotation.
How would you go about noting protest?
Go to notary public or other appropriate person with one or more witnesses from the crew who have knowledge of the facts. Take Official
Log Book, deck log and all other relevant information surrounding the event being protested. Make sworn statement before notary, who enters it in Register of Protests. Obtain at least 3 certified copies of protest (owners, adjuster and ship’s file). Pay fee (master’s disbursement) and obtain receipt.
If you wrote out your own ‘sea protest’, as some masters do, what should you do to make it admissable in court?
Have it notarised by a notary public or a consulate.
Why would you reserve the right to ‘extend protest at a time and place convenient’?
Since it may be impossible to ascertain the full extent of the loss or damage when first noting protest.
When would you extend the protest?
When relevant facts have come to light, e. g. when a surveyor’s report has been received.
Who will need the extended protest?
An average adjuster, e. g. when preparing a General Average Statement.
How would you extend the protest?
In strict conformity with local law regarding time limits, procedure and content. (The extension need not be made in the same port as the original protest. ) I would goto (another) notary, consul, etc. with the original protest and relevant documents (e. g. surveyors’ report). I would make a sworn statement before the notary or consul, who will attach authenticated copies of relevant documents, sign and seal the protest. I would pay the fee and obtain a receipt.
Is it always necessary to extend protest?
No, as long as the initial protest is lodged and the average adjuster gets the required surveyors’ reports, etc. from some source.
What is a letter of protest?
A written communication recording dissatisfaction on the part of one party concerning any operational matter over which the recipient or other party has control, and holding the other party responsible for the consequences of the matter being complained of. Most commonly a protest is in connection with cargo, although one may be written about almost any matter. It may help to substantiate a claim by owners (or refute a claim by charterers, harbour authority, etc.), and may prove useful, if properly filed, when a dispute is being resolved long after the related event. A letter of protest should not to be confused with a protest (or ‘sea protest’) noted or lodged with a consul or notary public.
How would you prepare and sign a letter of protest?
Type or hand-write it, either as a business letter on a company form. (Some companies, especially in the oil, gas or chemical trades, supply masters with a stock of printed Protest forms; others expect masters to compose Letters. ) I would end in an appropriate formal manner, e. g., ‘the undersigned hereby declares that the Bill of Lading will be signed under protest…… ‘or ‘…. and I hereby lodge protest accordingly, and we, including my disponent owners, hold you and / or Charterers responsible for delays and consequences. ‘ I would issue the original to the other party and retain copies for the ship’s file, agent and owners.
In what circumstances might you issue a letter of protest as master?
(1 ) When cargo is being loaded too fast or too slow; (2) when stevedores are damaging ship or mishandling ship’s equipment; (3) when wash from harbour craft is causing problems for ship; (4) when the cargo specification is ‘wrong’; (5) hen there is a discrepancy between ship’s and shore cargo figures; (6) when the berth or fendering arrangements are inadequate; (7) when longshoremen/dockers are misusing ships’ equipment and ignoring duty officers’ advice, or are urinating in the cargo spaces; (8) when passing vessels cause ranging, wash damage, etc. whilst loading/discharging; (9) in any other situation where the master wishes to formally record his dissatisfaction with arrangements over which the other party has some control.
In what circumstances might your ship receive a letter of protest?
(1 ) When discharged cargo quantity does not match the bill of lading quantity; (2) when the ship is discharging ‘too slowly’; (3) when the specification, colour, temperature, etc. of discharged cargo is ‘wrong’; (4) when making smoke in port; (5) after the ship has allegedly caused damage to a quay or other property.
What would you do with a letter of protest given to you by a terminal boss?
Sign it for receipt only’, return the original to the sender, and file the ship’s copy.
What is the law of “tort”
Tort law is a branch of the law which covers civil wrongs, such as defamation and trespassing, among many other transgressions. Under tort law, if someone suffers a physical, legal, or economic harm, he or she may be entitled to bring suit. If the suit is deemed valid, damages may be awarded to the victim to compensate for his or her troubles. Most tort laws are found in regional, state, and national civil codes, which often spell out limits on damages and the statute of limitations for tort cases.
Many people divide tort law into three rough categories: negligent torts, intentional torts, and strict liability torts. Torts arising out negligence are civil wrongs caused by negligent behavior or a failure to practice due diligence. For example, if you are playing soccer in the street and you accidentally kick the ball through someone’s living room window, this may be a negligence tort. Medical malpractice and other forms of professional negligence are also covered under the umbrella of negligence torts.
Intentional torts are torts which involve a deliberate attempt to harm. Defamation is often viewed as an intentional tort, as is battery, fraud, false imprisonment, and interference with the economic operations of a company. Strict liability torts cover product liability; if a potato peeler takes your finger off when you operate it as directed, the manufacturer could be liable, for example.
What is barratry?
(Maritime law) A fraudulent breach of duty by the master of a ship that injures the owner of the ship or its cargo; includes every breach of trust such as stealing or sinking or deserting the ship or embezzling the cargo
In maritime law, barratry is the commission of an act by the master or mariners of a vessel for an unlawful or fraudulent purpose that is contrary to the duty owed to the owners, by which act the owners sustain injury.
A form of barratry is misconduct of the master of a ship in taking commodities on board that subject the ship to seizure for smuggling. It is essential in barratry that a criminal act or intent exist on the part of the master or mariners which goes to their own benefit and causes loss to the owner(s) of the ship.
What are the chief international agreements regulating the carriage of cargo under Bill of Lading terms?
The Hague Rules and the Hague-Visby Rules are applied by most countries, but some countries have adopted the Hamburg Rules. (See Section F for questions on these rules.)
Which internationally agreed rules regulate the adjustment of General Average?
The York-Antwerp Rules.
What is a lien?
A maritime lien in admiralty law is a privileged claim upon maritime property, such as a ship, in respect of services rendered to, or the injuries caused by that property. In common law, a lien is the right of the creditor to retain the properties of his debtor until the debt is paid.
List a number of Maritime Liens.
Wages of the ship’s master and crew
Salvage operations
General average claims
Claims for the breach of a charter party
Preferred ship mortgages
Claims under maritime contracts for repairs, supplies, towage, pilotage and a wide variety of other “necessaries”
Claims for maritime torts including personal injury and death, and collision claims
Claims for the damage or loss of cargo
Claim by the carrier of cargo for unpaid freight and demurrage
Pollution claims
Although there is a list recognized by the admiralty jurisdiction, the definitions and criteria are not the same under the maritime law of differing jurisdictions. For example, bunker suppliers are not protected by maritime lien under UK law. However the supplier of bunker goods has the right of lien in the US
Differentiate between a “Traditional Maritime Lien” and a “Necessaries Lien”?
In England and Commonwealth countries, the term “maritime lien” applies only to a select group of maritime claims, being seamen’s wages, master’s wages, master’s disbursements, salvage, damage (caused by the ship), bottomry and respondentia. These are known as “traditional maritime liens”.
Other maritime claims resulting from services supplied to the ship or damages done by the ship, notably claims for “necessaries” provided to the vessel (e.g. bunkers, supplies, repairs, and towage), as well as claims for cargo damage, for breaches of charterparty and for contributions of the ship in general average, do not give rise to “traditional maritime liens” in the U.K. and Commonwealth countries, but only to “statutory rights in rem”.
The latter are simply rights granted by statute to arrest a ship in an action in rem for a maritime claim. Unlike traditional maritime liens, statutory rights in rem do not arise with the claim; they do not “travel with the ship” (i.e. they are expunged if the vessel is sold in a conventional sale before the action in rem is commenced on the claim concerned); and they rank after, rather than before, the ship mortgage in the distribution of the proceeds of the vessel’s judicial sale
In rem lawsuits can be brought against the property of debtors in order to collect what is owed, and they are begun for the partition of real property, foreclosure of mortgages, and the enforcement of liens. Respondentia is a loan of money on maritime interest, on goods laden on board of a ship, which, in the course of the voyage must, from their nature, be sold or exchanged, upon this condition, that if the goods should be lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon, The contract is called respondentia, because the money is lent on the personal responsibility of the borrower. It differs principally from bottomry. Bottomry is a loan on the ship; respondentia is a loan upon the goods.
Following a collision whilst berthing, you receive a letter from the master of the other vessel inviting you to a damage survey, with the words ‘without prejudice’ in the heading. What does this mean?
The letter cannot be used as evidence in any court action involving the two parties (the owners of our ships) without the consent of both of them. This enables the parties to negotiate a settlement of the dispute without implying any admission of liability.
What is the aim of the ship’s personnel as regards the receiving, stowage, carriage and delivery of cargo?
The aim of ship’s officers and crewmembers on board should be to prevent damage or deterioration whilst the cargo is under their care and to deliver it, as far as possible, in as good condition and order as it was when received aboard.
What must the Master and officers know about the cargo they are likely to carry?
The Master and officers require a good working knowledge of the various kinds of cargo they are likely to carry: their peculiar characteristics, liability to damage, decay, or deterioration, their measurement, and the usual methods of packing, loading and discharging, stowage, dunnaging, etc.
Who is responsible for the safe loading and proper stowage of cargo?
The Master. He delegates the function to the Chief Officer but he remains the responsible officer.
What is a mate’s receipt used for?
Mate’s receipt. This is a document used in the shipment of a cargo. When the goods are received by or for the sea carrier, a “mate’s receipt” is issued either directly by the ship or by the ship’s agents. This is the first evidence that the goods are received and statements on the document describe the quantity of goods, any identifying marks and the apparent condition.
This information is inserted from visual evidence when the goods are received. The quantity can be verified by a “tally” or count being made of the number of packages and the tally clerk’s receipt may be attached to the mate’s receipt. This information on the mate’s receipt is very important because this information should also be transferred on to the bill of lading.
The bills of lading are usually required to be issued “in accordance” or “in conformity” with the mate’s receipts and/or the tally clerk’s receipts.
What are the consequences of an incorrect Mate’s receipt?
Incorrect Bill of Lading and so the ship becomes liable for any shortfall in the cargo delivered?
What is the aim of the ship’s personnel as regards the receiving, stowage, carriage and delivery of cargo?
The aim of ship’s officers and crewmembers on board should be to prevent damage or deterioration whilst the cargo is under their care and to deliver it, as far as possible, in as good condition and order as it was when received aboard.
What must the Master and officers know about the cargo they are likely to carry?
The Master and officers require a good working knowledge of the various kinds of cargo they are likely to carry: their peculiar characteristics, liability to damage, decay, or deterioration, their measurement, and the usual methods of packing, loading and discharging, stowage, dunnaging, etc.,
Who is responsible for the safe loading and proper stowage of cargo?
The Master. He delegates the function to the Chief Officer but he remains the responsible officer.
What checks are required during loading to ensure that the cargo is not damaged?
Check acceptability of the cargo. The cargo must be dry and in apparent good condition.
Check for damage. If the cargo is sensitive to moisture, ensure proper conditions throughout loading are maintained. Close hatches during rain when necessary.
Damage to cargo may be caused by incorrect stowage or slinging, careless use of mechanical handling equipment, e.g. forklift trucks, insufficient attention to labeling and marking, carelessly packed units, insufficient dunnaging or packaging, incorrect ventilation settings or, in the case of refrigerated cargo, incorrect set points.
Check correct handling and use of cargo handling equipment. For example, cargo hooks should never be used when discharging fragile cargo.
The Cargo Officer must be familiar with the ship’s specialised cargo gear.
Check cargo sling arrangements to safeguard against the cargo being dropped or incorrect Safe Working Load (SWL) slings being used.
The stowage of all cargo should be checked with reference to the cargo plan. Particular attention should be paid to the loading of dangerous or refrigerated cargo. Reefers must be plugged in immediately and the temperature logged.
When stowing general cargo, preventative measures should be taken to ensure against the possibility of fragile goods being crushed when stowed with heavy goods.
Some cargoes are liable to damage from taint. These should not be stowed next to strong smelling cargoes.
How would you deal with cargo damaged during loading?
If the damage is serious bring it to the immediate attention of the chief officer. It may be necessary to get the damage surveyed prior to loading or even to reject the cargo in serious cases.
Minor damage can be dealt with by the completion of a cargo damage report.
What is a cargo damage report?
The Cargo Damage Report is a statement of damage to the cargo that gives all of the details. Damage reports should have certain essential items recorded on them, e.g. cargo marks, commodity type, container type and number involved, stowage location, when discovered, extent of damage and the time of the discovery.
How often should cargo lifting appliances be inspected and tested?
For inspections refer to the company’s planned maintenance procedures, but in any case:
Cargo lifting appliances must be inspected to establish that they are correctly rigged on every occasion they are used.
A annual thorough inspection would also take place annually by a ‘competent person’, namely the Chief Officer.
In the case of lifting plant, derricks, cranes, shackles, wires, etc. the following test periods would be required:
a. after installation when new
b. following any major repair
c. at intervals of every 5 years.
How often would you test the derricks aboard a General cargo vessel and what constitutes the criteria of the test ?
Derricks are checked every time they are used and undergo a detailed annual inspection. They are tested at five (5) yearly intervals, after installation at new and in circumstances following any repair.
The test will be a proof load test, where the rig will be sustained to the SWL + % tonnage to equal the proof load amount.
Proof Load
for derricks up to 20 tonnes SWL = 25% excess of SWL
for derricks 20 to 50 tonnes SWL = 5 tonnes excess of SWL
for derricks 50 tonnes + SWL = 10% excess of SWL
What is a chain register?
What are the Contents of the Chain Register? Chain register/cargo gear register:
The chain register is the register in which data concerning a ship’s lifting gear must be recorded.
The term ‘lifting gear’ includes derricks and cranes for the handling of stores, and also lifting gear used in the engineroom, and it is important that all such items of equipment should be properly tested, certified, marked and maintained.
When the inspections have been carried out the register must be signed in the appropriate places.
Registers are normally divided into four parts to deal with four different categories of equipment.
Quadrennial or quintennial examinations of lifting gear are carried out by competent persons such as surveyors from classification societies and foreman from marine engineering works or drydocks, who will sign the chain register upon completion of their work. If several chain registers are carried, the surveyor must sign all of them.
What information appears in the chain register?
Every item of cargo gear must be of sufficient safe working load (SWL), and suitable design.
Every item of cargo gear must be marked with a unique identifying number.
There must be a certificate, in an approved form, for each item of cargo gear, identified by its unique number.
A system must exist to produce the certificate for any item of cargo gear promptly.
Only certificated tested wires, blocks, hooks, swivels and shackles etc. should be used for cargo handling and lifting operations.
How should the mate’s annual inspection of lifting appliances be done?
This inspection requires a detailed inspection to take place of all aspects – hydraulic, mechanical and electrical – of the lifting appliances. All wires would be visually inspected for defects and the mousing on shackles would be sighted to be satisfactory. The ‘gooseneck’ of derricks and all the blocks would be stripped down and overhauled.
Thorough inspections would detect corrosion, damage, hairline cracks and excessive wear and tear. Once defects are found corrective action would be taken to ensure that the plant is retained at 1OO% efficiency. These inspections would normally be carried out systematically under the ship’s planned maintenance schedule. This allows a permanent record to be maintained and is evidence to present to an ISM Auditor.
Records and service history should be kept of equipment, of dates when and where it is brought into use, its safe working load, any repairs, modifications, tests and examinations carried out.
What is P and I Club?
Protection and indemnity insurance, commonly known as P&I insurance, is a form of marine insurance provided by a P&I club. A P&I club is a mutual (i.e. co-operative) insurance association that provides cover for its members, who will typically be ship-owners, ship-operators or demise charterers. Unlike a marine insurance company, which is answerable to its shareholders, a P&I club is the servant only of its members.
How does a P and I Club function?
The P&I Clubs all operate on a mutual or non-profit basis aiming to call up only sufficient money in each year to meet costs, expenses and claims for that year.
There are no shareholders and the shipowner members of the Association insure each other.
What does P and I cover?
Both P&I clubs and conventional marine insurers are governed by the provisions of the Marine Insurance Act 1906.
The P&I Clubs provide cover for a shipowner’s liabilities, not the fabric of the ship itself. The risks covered will usually include:-
1. Death and personal injury of
- Seamen
- Passengers
- Third parties
2. Liabilities in respect of stowaways or persons saved at sea.
3. Liabilities arising from collisions.
4. Liabilities arising from groundings.
5. Liabilities arising from damage to fixed and floating objects.
6. Liabilities arising from pollution.
7. Liabilities arising from wreck removal.
8. Liabilities arising from towage operations.
9. Liability to cargo.
What is the role of the P&I clubs with regard to cargo operations?
It provides the ship-owner cover against cargo damage claims. Any given cargo may be insured twice: the shipper/cargo-owner will take out conventional cover, and the carrier will have P&I cover. If the cargo is lost or damaged, the cargo-owner should first make a cargo claim against the carrier; but the latter may avoid liability because either (i) he did not cause the loss, or (ii) the Hague-Visby Rules grant exemption from liability. In such a case, the cargo owner will claim against his own insurer. If the cargo-owner fails to claim first against the carrier, but claims against his own insurer, the latter (having reimbursed their client) will, through subrogation, be able to pursue the claim in their own right against the carrier.
It provides advice to the Master and ship-owner. The Master may call upon his owner’s Club for advice in a cargo matter that could be technical or legal, and the Club will appoint a representative to advise the Master accordingly.
The Club publishes guidelines and advice in booklets or pamphlets providing advice to the industry as a whole.
What is the relationship between the Ship and the stevedores, Agent and cargo surveyors?
Stevedores and agents work for the Master.
Stevedores are employed by the agent on behalf of the ship and so they answer to the Master and his officers. Any loading or discharging operation should be openly and frankly discussed between the Chief Officer and Stevedore Boss, however, keep in mind that the Stevedore Boss has to do what the Mate requires. Final responsibility for the safe stowage of the cargo falls upon the Master and his officers. Cargo damage caused by the stevedores is managed under a legal understanding of the fact that the stevedores are the servants of the Master.
The ship’s agent acts for and on behalf of the ship-owner for the period the ship is in port. The agent arranges all the requirements for the ship’s husbandry while the ship is in port: such as: customs and immigration clearance; bunkers; stores; stevedores; berth; pilot; tugs; repairs; The relationship between the agent and Master is one of mutual respect and cooperation.
Cargo surveyors: If they are acting for the ship they are then the servant of the Master and should be treated with respect and cooperation. They are there to assist you the Mate.
If they act for cargo owner (shipper) they are to be accorded cooperation so far as their business is concerned. They do get free access to the ship. They may only view and ask questions specifically about the cargo they represent.
What are dangerous goods?
Goods classified in the IMDG Code or in any other IMO publication referred to in The Dangerous Goods and Marine Pollutants Regulations (e. g. the IBC Code and IGC Code) as dangerous for carriage by sea, and any other substance or article which the shipper has reasonable cause to believe might meet the criteria for such classification. They include residues in empty receptacles, empty tanks or cargo holds previously used for carrying dangerous goods unless cleaned, dried, purged, gas freed or ventilated as appropriate or, in the case of radioactive materials, have been both cleaned and adequately closed; and goods labelled, marked or declared as dangerous goods. They do not include ship’s equipment or stores.
What is a marine pollutant?
A substance classified as such in the IMDG Code, or as a noxious liquid substance in the IBC Code, and any other substance, material or article that the shipper has reasonable cause to believe might meet the criteria for such classification.
Where would you find a list of all recognised marine pollutants, and how are they indicated in this list?
In the IMDG Code. They are indicated by the words ‘MARINE POLLUTANT’ and a symbol of a triangle containing a fish, with an overlaid cross.
How should a marine pollutant be marked on its packaging or container?
With a triangle symbol containing a fish, with an overlaid cross.
What document must be carried by any SA ship intending to carry dangerous goods in packaged or dry bulk form, and what does this document certify?
A Document of Compliance with the Special Requirements for Ships Carrying Dangerous Goods. It certifies that the ship meets the fire protection requirements of SOLAS.
What document would you expect to be presented by a shipper either to you as master or to the ship operator before packaged dangerous goods or marine pollutants are loaded?
A Dangerous Goods Declaration or a Marine Pollutants Declaration, as appropriate. A combined declaration is allowed. The declaration can be made on a Dangerous Goods/Marine Pollutants Note.
What is a Dangerous Goods/Marine Pollutants Note?
A special Shipping Note for dangerous goods and marine pollutants which is commonly used in the liner and ro-ro trades. It replaces the Standard Shipping Note used for non-dangerous or -polluting goods. It should be presented by the shipper either to the carrier or the master, in return for which a bill of lading or sea waybill would normally be issued by the carrier.
What information should be shown on a Dangerous Goods/Marine Pollutants Note relating to ‘packaged goods’ (e. g. a tank container of chemicals)?
(1) Proper shipping name of the goods;
(2) class and division where applicable;
(3) UN Numbers where allocated by the IMDG Code;
(4) packaging or packing group where relevant;
(5) number and kind of packages;
(6) total quantity of dangerous goods or net explosive mass of the contents;
(7) the words MARINE POLLUTANT where appropriate; and
(8) any other information required by the IMDG Code;
(9) date of preparation of document;
(10) name, status and company or organisation of signatory.
What must the dangerous goods list, manifest or stowage plan show?
This must set out details, obtained from the shipping documents submitted by the shipper, of the packaged goods on board including: the correct technical name of the goods; their classification in accordance with the IMDG Code, their mass or volume; and details of the stowage location in the ship. The information may be in one combined document relating to both dangerous goods and marine pollutants, or in separate lists. Combined lists must show clearly which goods are dangerous goods and which are marine pollutants.
After loading packaged dangerous goods or marine pollutants, what must you, as master, ensure?
That a special dangerous goods/marine pollutants list, manifest or stowage plan is carried in the ship. This, and any additional special documents required for the acceptance of goods for carriage must be kept on board and available for reference or inspection until the goods have been discharged.
To whom must the operator of a ship carrying packaged dangerous goods or marine pollutants show the list, manifest or stowage plan left ashore? Where the port of departure is in the SA?
SAMSA. The agent is usually instructed to do this. The list is submitted with a stowage plan. If loading Class 1, the ship is subject to an inspection bty a SAMSA surveyor
What notification must a shipper make available to the ship operator or master before loading dangerous goods in bulk form?
Written notification of the nature of the goods, specifying: (1) their correct technical name; (2) their UN number, if any; (3) for any solid bulk dangerous goods, the classification as listed in the IMDG Code; and (4) for liquid dangerous goods with a flashpoint below 60°C (closed cup), the flashpoint.
What documentation relating to a bulk cargo of dangerous goods must you, as master, ensure is carried on board?
A specific list, manifest or stowage plan setting out the details, obtained from the shipping documents submitted by the shipper, of the dangerous goods or marine pollutants carried including: (1 ) the correct
What are the shipper’s obligations under the with respect to providing cargo information?
The shipper must provide such information to the owner or master sufficiently in advance of loading as is necessary to enable them to ensure that: (1) the different commodities to be carried are compatible with each other or suitably separated; (2) the cargo is suitable for the ship; (3) the ship is suitable for the cargo; (4) the cargo can be safely stowed and secured and transported under all expected conditions during the intended voyage. The information must be in writing in appropriate shipping documents and be given before loading the cargo on the ship. Where the shipper does not deliver the cargo to the ship or its agent, he must provide the forwarder with the information; it then becomes the forwarder’s duty to pass the information to the owner or master.
In the case of general cargo and unitised cargo, what must the information provided by the shipper contain?
(1 ) A general description of the cargo,
(2) the gross mass of the cargo or cargo units and
(3) any relevant special properties of the cargo.
In the case of bulk cargoes, what must the information provided by the shipper contain?
Information on the stowage factor of the cargo, the trimming procedures, the likelihood of shifting including the angle of repose (if applicable), and any other relevant special properties. In the case of a concentrate or other cargo which may liquefy, there must be also be a certificate indicating the moisture content of the cargo and its transportable moisture limit.
What kind of bulk cargoes require the provision by the shipper on their chemical properties, in addition to the information in the last answer?
Bulk cargoes which are not classified in accordance with Regulation VII/2 of SOLAS, but that have chemical properties that may create a potential hazard.
What are the obligations of the owner and the master under the Carriage of Cargoes Regulations with respect to carriage on board of cargo documentation in a ship not carrying grain?
They must ensure that appropriate documentation, relevant to the cargo and its stowage and securing, which should specify in particular the precautions necessary for the safe carriage of that cargo, is carried on board. This may consist of one or more of: (1 ) the IMO Code of Safe Practice for Cargo Stowage and Securing’, (2) the IMO Code of Safe Practice for Ships Carrying Timber Deck Cargoes; or (3) the IMO Code of Safe Practice for Solid Bulk Cargoes (the BC Code).
Which ships must carry a Cargo Securing Manual?
(1 ) All passenger ships, and (2) all cargo ships carrying cargoes other than solid bulk cargoes, except cargo ships of less than 500 GT engaged on voyages which are not international voyages.
What are your obligations as master under with respect to stowage and securing of cargo?
To ensure that: (1) cargo and cargo units carried on or under deck are loaded, stowed and secured so as to prevent as far as practicable, throughout the voyage, damage or hazard to the ship or the persons on board, and loss of cargo overboard; (2) appropriate precautions are taken during loading and transport of heavy cargoes or cargoes with abnormal physical dimensions to ensure that no structural damage to the ship occurs and to maintain adequate stability throughout the voyage; (3) appropriate precautions are taken during loading and transport of cargo units on board ro-ro ships, especially with regard to the securing arrangements on board such ships and on the cargo units and with regard to the strength of the securing points and lashings; (4) cargo on board is stowed and secured throughout any voyage in accordance with the Cargo Securing Manual; (5) cargo on board all ships with ro-ro cargo spaces must be stowed and secured in accordance with the Cargo Securing Manual before the ship leaves a berth.
What are the requirements of the Carriage of Cargoes Regulations with respect to oxygen analysis and gas detection equipment?
In the case of a ship transporting or accepting for transport a bulk cargo which is liable to emit a toxic or flammable gas, or cause oxygen depletion in the cargo hold, an appropriate instrument for measuring the concentration of gas or oxygen in the air must be provided together with detailed instructions for its use. The instrument must be of a type approved by a certifying authority, and the crew must be trained in its use. The owner of a ship which transports, or a master who accepts for carriage, such a cargo without ensuring that these requirements have been complied with commits an offence.
What are your obligations as master with respect to use of pesticides on board?
Where pesticides are used in cargo spaces, they must be used in accordance with the IMDG Code and MSN 1718 (The Safe Use of Pesticides in Ships) and any statutory requirements of the Flag and Port State.
Under what additional conditions may you, as master, accept for loading concentrates or other cargoes which may liquefy?
If either (1) the moisture content of the cargo indicated in its certificate is less than its transportable moisture limit; or (2) if the moisture content is above the TML, appropriate safety arrangements are made to the satisfaction of the certifying authority to ensure adequate stability in the case of cargo shifting, and the ship has adequate structural integrity.
What manual must be provided by the owner of a bulk carrier to enable the master to prevent excessive stresses in the ship’s structure?
A cargo loading manual, written in a language with which the officers responsible for cargo operations are familiar. (If not in English, an English-language version must also be provided.) This may consist of one or more booklets and as a minimum must contain: (1 ) stability data as required by the Safety of Navigation Regulations OR SOLAS;(2) ballasting and deballasting rates and capacities; (3) maximum allowable load per unit surface area of the tank top plating; (4) maximum allowable load per hold; (5) general loading and unloading instructions with regard to the strength of the ship’s structure including any limitations on the most adverse operating conditions during loading, unloading, ballasting operations and the voyage; (6) any special restrictions such as limitations on the most adverse operating conditions imposed by the Administration or organisation recognised by it, if applicable; and (7) where strength calculations are required, maximum permissible forces and moments on the ship’s hull during loading, unloading and the voyage.
What must the master and terminal representative agree before a solid bulk cargo is loaded or unloaded?
A plan which: (1) must ensure that the permissible forces and moments on the ship are not exceeded during loading or unloading; and (2) must include the sequence, quantity and rate of loading or unloading -taking into consideration the intended speed of loading or unloading, intended number of pours and the deballasting or ballasting capability of the ship. The master and terminal rep must ensure that the loading and unloading operations conform to the plan.
Who must the plan be lodged with?
The appropriate authority of the port State:
What general rules must be observed during loading, unloading or ballasting?
The master must ensure that ship’s personnel continuously monitor cargo operations. Where possible, the ship’s draught must be checked regularly during loading or unloading to confirm the tonnage figures supplied. Each draught and tonnage observation must be entered in a cargo log book. If significant deviations from the plan agreed are detected, cargo or ballast operations or both must be adjusted to ensure that the deviations are corrected.
What are your obligations as master under the Carriage of Cargoes Regulations with respect to trimming of bulk cargoes?
To ensure that bulk cargoes are loaded and trimmed reasonably level, as necessary, to the boundaries of the cargo space so as to minimise the risk of shifting and to ensure that adequate stability will be maintained throughout the voyage.
What rights do you have as master if any agreed limits are exceeded during loading or unloading, or are likely to become so if loading or unloading continues?
The right to suspend operations. If I do so I must notify accordingly the appropriate authority of the port State with which the plan has been lodged. I and the terminal representative must then ensure that corrective action is taken.
What precaution must you, as master, and the terminal rep take?
We must ensure that the unloading method does not damage the ship’s structure.
What requirements must a ship carrying grain comply with?
The requirements of the International Grain Code.
What requirements must a ship carrying grain comply with?
The requirements of the International Grain Code.
What document must the owner and master ensure that a ship loading grain has on board?
A document of authorisation as required by the International Grain Code. In the case of a South African ship this must be issued by SAMSA.
What conditions must apply before a person may order the commencement of loading of grain into a South African ship?
(1) The ship must have on board a document of authorisation; or (2) the master has demonstrated to the satisfaction of the certifying authority that the ship will, in its proposed loading condition, comply with the requirements of the International Grain Code and has obtained a document to this effect signed by a surveyor or a certifying authority.
Where your ship is carrying dangerous goods in bulk, e. g. bulk liquid chemicals, must you, as master, carry any other documents in addition to the required list, manifest or stowage plan?
Yes, I must carry any additional special documents where required for dangerous goods or marine pollutants by the Bulk Cargoes Code, the BCH Code, the IBC Code, the IGC Code or the Gas Carrier Code. These might include a bulk coal Declaration by shipper, a Certificate of Test of a substance, a Certificate of Fitness, etc.
What are MFAG and EmS, and where are they found?
Medical First Aid Guide and Emergency Schedules. They are in the Supplement to the IMDG Code.
Whilst loading cotton bales, the Mate tells you some of the bales are damp. What would you do?
Reject the goods (with the advice/assistance of an independent cargo surveyor where necessary).
What action would you take if goods being loaded, e. g. second hand cars, were in a damaged condition and the stevedore insisted that this was normal?
I would accept the goods for carriage on condition that I can issue a claused bill of lading stating the nature of the deficiency in their order or condition. I am entitled, as the carrier’s servant, to enter remarks on the bill of lading as to the apparent order and condition of the goods.
How is a bill of lading generated in the traditional way?
Traditionally, the shipper brings his cargo alongside for loading and tenders to the ship a boat note or shipping note containing full details of the goods to be loaded. The ship tallies the goods as they are loaded. On completion of loading the ship issues to the shipper a mate’s receipt containing details of the exact quantity and apparent condition of the goods loaded. The shipper meanwhile obtains a full set of blank original bills of lading, together with any ‘copy’ Bills he needs. From the mate’s receipt the shipper copies the details of the goods loaded (including the date and place of loading, ship’s name, etc. ) onto the bill of lading. The shipper then pays any freight due and tenders the original bills of lading to the ship’s master or agent for signature. The master or agent compares the details inserted by the shipper in the bill of lading with those in the ship’s copy of the mate’s receipt and, if no changes are required, signs the original bills of lading. Any remarks on the mate’s receipt as to defective condition or number of the goods must appear on the bills of lading. The bills of lading are finally issued to the shipper in return for the original mate’s receipt, which he surrenders.
What is a sea waybill?
A non-negotiable document, otherwise similar in functions to a bill of lading, which is often used in preference to a bill of lading where this is permitted. It is not a document of title and can not, therefore, be used to transfer title in the goods to a third party. It may travel with the goods on the ship and does not need to arrive ahead of the goods for the receiver to claim the goods. It is often used where there is trust between the buyer and seller, and is preferred to a bill of lading in trades where bills of lading often lag behind the cargo (e. g. short-sea trades), and where there is no contractual requirement for bills of lading (e. g. in a sale not involving a letter of credit).
You are loading apparently defective goods and feel you should make remarks on the Mate’s Receipt, but are not certain what remarks to make. What action would you take?
Since some remarks may not be effective in protecting the carrier’s position against later claims by third parties, I would contact the owners’ P&l club correspondent before making any remarks of which I was uncertain.
Why are the remarks made on a bill of lading important?
Because certain remarks will make a bill of lading ‘dirty’, ‘claused’ or ‘foul’, with serious consequences for the shipper when he presents a set of shipped bills of lading to his bank and tries to collect early payment for the goods in a letter of credit transaction.
A tanker under your command has completed loading and you are ordered to sea, but the bills of lading have been presented for signature without any cargo figures being inserted. What would you do?
I would: sign bills of lading when the agent presented them (before completion of loading); return the originals to the agent but retain non-negotiable ‘captain’s copies’ together with other copy bills of lading for consignees; make any necessary protest regarding the order or condition of cargo, and allow any investigation to be completed before departure. After departure the agent would normally communicate the shipper’s final loading figures as soon as they are available. If I agree the shore figures, I would enter them on my captain’s copies and the consignee’s copies of the bills of lading. The agent ashore would complete the original bills of lading and sign them on my behalf. (This ‘early departure procedure’ is commonly used in the tanker trades. )
What would happen in the situation in the last question where you did not agree with the shipper’s cargo figures?
If I didn’t agree with the shipper’s figures I would inform the agent, who would write a letter of protest to the shipper on my behalf and complete and sign the bills of lading under protest. The agent would then release all the original documents to the shipper, who would send them to the consignee.
At some ports the usual practice may be to present bills of lading to the master for signature either blank or only partially completed. What would you do if this happened?
I would not sign. I would consult the P&l club correspondent for advice.
Stevedores are reported during loading to be urinating in a corner of a hold containing sacks of rice.
What would you do? I would suspend loading in that hold, issue a letter of protest to the stevedoring company’s manager, and gather evidence (e. g. a photograph, statement from the OOW, watchman, etc. ).
You are about to load coils of steel in Antwerpthat appear to be rusted. What would you do?
I would seek guidance from the P&l club correspondent as to extent of rusting that would be acceptable, and arrange for an independent pre-load survey of the steel coils on the quayside. If no surveyor was available, I would carry out a survey myself and take photographs.
What would you do if you were asked, as master, to deliver cargo against an original bill of lading carried on board?
I would seek advice from the owners or the P&l club correspondent They would probably instruct me to issue a receipt to the shipper or his representative (e. g. the freight forwarder). I would not accept for carriage original bills of lading made out ‘to order’, or where there was no named destination or where the destination was qualified, e. g. ‘Lands End for orders/intention Le Havre’. I would not accept original bills of lading for carriage if the shipper refuses to sign the receipt, or if no party is named as receiver in the bill of lading. I would not discharge against an original bill of lading carried on board if the discharge port is different from the destination shown in the bill of lading.
What would you do if you were asked, as master, to pre-date or post-date bills of lading?
I would refuse. A shipped bill of lading should only be dated for the actual date of loading, or date of completion of loading.
What would you do if you were asked to re-issue a previously-issued set of bills of lading?
I would refuse, unless with the agreement of the P&l club correspondent. They would normally ensure that before a second set is issued, all bills of lading in the first set were returned and cancelled or destroyed (hence the requirement for the number of Bills in the set to be shown). Each bill of lading in a new set should be claused to effect that it is a replacement bill of lading, with the reason for re-issue.
What would you do if you were asked, as master, to amend a previously-issued set of bills of lading?
Refuse, unless with agreement of the P&l club correspondent.
What would you do if you were asked to sign blank or partially completed bills of lading? .
Refuse
What would you do when two or more sets of bills of lading are requested by a shipper?
Two or more sets of original bills of lading may have to be issued: where cargo is shipped by more than one shipper (e. g. at multiple loading ports); where cargo is consigned to more than one consignee; or where more than one type/grade/specification of cargo is shipped by one shipper.
You are master of a tanker. What would you do if two or more consignments of oil, shipped by different shippers, are intentionally loaded into one tank, so that it becomes impossible to determine the respective shippers’ quantities on completion of loading.
I would endorse and sign separate bills of lading to the effect that the shipments are ‘part cargoes’, or are ‘part of a bulk cargo’.
What action would you take if multiple consignments are loaded but only one total figure is given on the bill of lading?
I would consult the shipper as to the apportionment of quantities on the bills of lading for each consignment. Where no instructions are obtainable, the total quantity loaded should generally be divided between the bills of lading in proportion to the original split of the nominated consignments.
You are master of a tanker which has just completed loading. What would you do where the ship’s loading figures are less than the shipper’s?
I would enter the ship’s figures on the face of the bill of lading. Some owners require masters to endorse a bill of lading which does not provide space for the ship’s figures in the following terms: ‘Vessel’s measurements are stated below and this bill of lading only acknowledges the shipment of the weight or quantity given in the vessel’s measurements on completion of loading. ‘ Where the shipper refused to accept such an endorsement I would write a letter of protest to the shipper, pointing out the discrepancy in the figures and stating that the bill of lading will be signed under protest. I would staple a copy of the letter of protest to each negotiable copy of the bill of lading (i. e. all bills in the set of originals).
You are master of a tanker which has just completed loading. What would you do where the ship’s loading figures are greater than the shipper’s?
I would enter the shipper’s figures on the bill of lading. No letter of protest is necessary.
What precautions would you take, as master, when signing bills of lading with regard the number of originals?
I would ensure that the number of originals shown on the face is the same as the number of bills of lading presented and not marked ‘NON-NEGOTIABLE’.
What precautions would you take, as master, when required to sign bills of lading under a charterparty, where the charterer’s Bills are to be used?
I would check that the charterer’s bills of lading incorporate (by the inclusion of a Clause Paramount) the terms of the Hague Rules or Hague-Visby Rules. If there was no reference to either rules, I would immediately seek the advice of the P&l club correspondent. (Clubs usually restrict cover to contracts incorporating terms at least as favourable as those given by the Hague Rules or Hague-Visby Rules. )
What would you do, as master, where a contractual lien for demurrage is given by the charterparty terms, and demurrage is due but is not paid at the loading port?
I would clause the bill of lading to the effect that demurrage is due but has not been paid, so that the lien can be exercised if necessary at the discharge port.
Could you clause the bill of lading as in the last question without making it ‘dirty’ in law?
Probably. Where a charterparty requires the master to sign ‘clean’ bills of lading as presented by charterers, ‘clean’ has been held to mean only that the bill of lading should not be claused to the effect that demurrage was due at the loading port, without affecting the master’s right to clause the bill of lading as to the apparent order and condition of the goods, where necessary.
What should you do when rusty steel is presented for loading?
Clause the bill of lading with an appropriate clause recommended by the P&l club correspondent.
What would you do if asked to accept a letter of indemnity in return for signing ‘clean’ bills of lading, when these were not justified?
Refuse in all cases. If I signed ‘clean’ bills of lading where they were not justified I would become party to a fraud (by the shipper or carrier or both) on the consignee or another innocent third party to whom the bill of lading may be endorsed, and the owners’ P&l club would not cover any claim arising in connection with the matter. On no account would I issue clean bills of lading in return for a letter of indemnity in these circumstances.
Why might a shipper offer you a letter of indemnity in the above case?
Because the rigid adherence of banks to the terms of letters of credit will make it impossible for him to receive payment on presentation of bills of lading that were anything other than ‘clean’.
What -is an acceptable letter of indemnity?
One phrased in terms acceptable to the owners’ P&l club and countersigned by a first class bank or cargo insurance underwriter. Some P&l clubs print their standard letter of indemnity wording in their club handbook or rulebook, which should be carried on board. This does not imply, however, that the club will always give cover for claims arising under such letters of indemnity.
As master of a dry cargo ship you are asked to discharge cargo onto trucks without presentation of a bill of lading by the receiver. What would you do?
Where the party claiming to be the rightful receiver requests delivery of ‘his’ goods but can not produce an original bill of lading (perhaps because of a delay in the mail, or because of a theft of documents from his office) I would instruct the agent to inform the receiver so that no cargo can be discharged until either (1) an original bill of lading can be presented; or (2) an acceptable letter of indemnity is given by the receiver.
Just before sailing, the chief officer informs you, as master, that the cargo loaded is 4000 tonnes short. What would you do?
(1) I would consult stevedores, charterers, the P&l club correspondent and owners. (Stevedores or charterers may be able to remedy the shortage). (2) If the missing cargo could not be provided I would issue a Deadweight Letter to the charterers. (3) I would note protest and make an OLB entry to the effect that I had done so.
What arrival preparations would you make for meeting the ship’s agent?
I would have ready a written list of the ship’s requirements, e. g. cash, crew travel, repairs, stores, fresh water, bunkers, provisions. I would have ready (in plastic wallets if possible) the ships’ certificates, which the agent may need to take ashore. I would also have the cargo documents ready (manifest, bills of lading, waybills, etc.).
What preparations would you make for commencing cargo operations?
I would hold a pre-arrival meeting with all officers and POs (e. g. the pumpman) concerned with cargo operations. I would ensure that the ‘Chain Register’ (i. e. Register of Lifting Appliances and Cargo Handling Gear) was in order for inspection by shore labour representatives (as well as Port State officials).
What would be the effect (in carriage of goods law) of failing to maintain proper cargo records, e. g. of ventilation or temperatures?
Under the Hague or Hague-Visby Rules, loss of defences to cargo claims. The carrier must show evidence (e. g. by means of cargo temperature or ventilation records) that he has ‘properly and carefully….. ‘ cared for the cargo.
In simple terms, how does a letter of credit operate?
(1 ) The seller and buyer agree in their sales contract that payment will be made using a letter of credit. (2) The buyer instructs his bank to open a credit in favour of the seller, and that bank sends the letter of credit to the seller’s nominated bank. (3) The seller ships the goods, obtains the documents required by the letter of credit and presents them to his bank, which checks the documents for compliance with the letter of credit before making payment. (4) The documents are passed to the buyer’s bank (in return for payment), which debits the buyer’s account before passing the documents to him.
What documents are typically required to be obtained by the seller under the terms of a letter of credit?
(1 ) A set of original, clean, on-board bills of lading made out ‘to order’; (2) a commercial invoice; and (3) a certificate of insurance. Other special documents, such as a certificate of origin, may be specified in the letter of credit.
What security does a bank involved in a letter of credit transaction have in return for the sum advanced?
It has possession of the documents giving title to the goods (i. e. the ‘order’ bills of lading), and thus has constructive possession of the goods. Should the buyer not be able to pay or take delivery of the goods for some reason, the bank will be in a position to sell the goods. If the goods are damaged, the bank can claim on the insurance certificate, which it will have.
What are the main responsibilities of the seller when goods are sold ‘FOB Liverpool’?
The seller must bear all costs and risks until the goods have passed the ship’s rail at the loading port (Liverpool). He must obtain a bill of lading and any other necessary documents and send them to the buyer.
What are the main responsibilities of the buyer when goods are sold ‘FOB Liverpool’?
The buyer must charter a ship or reserve the necessary space on a ship and give the seller details of the ship, the loading berth and loading dates. The buyer must bear all costs and risks after the goods pass the ship’s rail at the loading port (Liverpool). He must pay the seller’s expenses for obtaining the documentation.
What is the main benefit to the buyer when he buys on an FOB basis?
He can sell the goods once he has received the documents (which he should soon after loading). The goods may therefore be sold while on the voyage, which may be essential in the case of oil, grain and other bulk commodities traded on international markets.
What are the main responsibilities of the seller and buyer when goods are sold on a CIF basis?
The seller must pay the costs and freight necessary to bring the goods to the named destination, but the risk of loss of or damage to the goods, and of any cost increases, is transferred from the seller to the buyer when the goods pass the ship’s rail at the loading port. The seller must also, on behalf of the buyer, obtain insurance cover for the carriage.
What are the main responsibilities of the seller and buyer when goods are sold ‘CIF Kobe’?
The seller must pay the costs of the goods and the insurance and freight to Kobe. The buyer must pay all costs, including duty, after delivery on board the ship at Kobe.
What is the main benefit of a CIF contract?
CIF allows the sale of the goods by the sale of the documents, and is therefore the preferred trade term where the documentary credit system is used. The banks involved can obtain security for their credit advance by holding the documents that represent the goods.
What is a shipper?
A company or person who contracts with a carrier for the carriage of goods by sea. In shipping documents the shipper may be called ‘the merchant’.
Is the shipper always the seller or exporter of the goods?
No. Many sellers and exporters employ an agent (e. g. a freight forwarder) to arrange for the shipment, and in that case the freight forwarder may legally be the shipper in the contractual relationship with the carrier. The shipper may be thought of as the party from whom goods are received by the carrier on board the vessel, i. e. the party actually shipping them.
What is a freight forwarder?
A party who arranges the export or import of another party’s goods (by sea, air, rail or road). Where he is arranging the export of goods he acts as the shipper’s agent. For imports he may be the consignee’s agent. In his contractual relationship with the carrier he may legally be a shipper.
