60 Questions

Q1--What are the UNCLOS provisions concerning ship’s flag and nationality? In observation of UNCLOS what the duties are of flag States and how is it enforced? Ans. The United Nations conference convention on the laws of the sea (UNCLOS) was an outcome of the third UN conference in 1982 and entered into force on 16th November 1994. The UNCLOS provides a universal legal frame work for the rational management of marine resources and their conservation. The treaty document consists of 446 articles grouped under 17 part headings and 9 Annexes. SHIPS FLAG AND NATIONALITY 

Part VIII : High seas consists of Provisions concerning ships flag state and nationality



Article 90: Every state coastal or land locked has a right to have its ship fly its flag.



Article 91: State should lay down conditions / requirements for granting its nationality, registration and the right to fly its flag. Ships have the nationality of the state whose flag they fly. There must be a genuine link between the state and the ship. The state must issue documents to ships flying its flag.



Article 92: Ships to fly flag of only one state and are subject to its jurisdiction on high seas. A ship cannot change its flag during a voyage or while in a part of call. Change is allowed in case of transfer of ownership or change of registry.

Duties of flag state: Article 94 initials duties and responsibilities of the flag state salient parts are:1.

State shall effectively exercise its jurisdiction and control in Administrative technical and soul matters over ships flying its flag.

2.

State should maintain a register of ships flying its flag i.e. names and particulars of ships. State should assure jurisdiction under its laws over ships flying its flag its master officers and crew in respect of Administrative technical and social matters concerning the ship.

3.

4.

State to take such measures for ships as necessary to insure safety at sea with regards to 

Construction equipment and seaworthiness of ships.



Manning of ship labour conditions and training of crew with regards to applicable international instruments.



Use of signals maintenance of communications and prevention of collision. Such measures shall include these necessary to ensure: That each ship before registration and thereafter is surveyed by a qualified surveyor and has onboard charts publications and equipment as are appropriate for safe navigation of ship. Each ship is in charge of master / officers / crew having appropriate qualification and numbers with regards to the type due, machinery and equipment of the ship.

5.

Each state should conform to generally accepted international regulations procedures and practices and should take steps which may be necessary to secure their observance.

6.

A state which has clear grounds to believe that proper jurisdiction and control w.r.t. a ship have not been exercised may report the facts to the flag state. Upon such request flag state must investigate the matter and take appropriate action to remedy the situation.

7)

Every state must cause an enquiry to be held in case of a marine casualty involving a ship flying its flag and causing loss of damage to environment to those at any national and state. Every flag state must co-operate with other flag states in conduct of enquiring.

ENFORCEMENT BY FLAG STATE Article 217 makes the following provision. i)

Every state must adopt laws / regulations to ensure compliance of international laws by ships flying its flag.

ii)

Every state should prohibit ships frame sailing for man compliance with international laws including requirements relating to design construction equipment and manning.

iii)

Status should ensure that all certificates as read by international laws are carried on board. States to periodically inspect the vessels to ensure conformity of these certificates with actual conditions on board.

iv)

Flag state should provide for immediate investigation in case vessel commits relation of international rules and standards.

v)

Flag states should cooperate with other flag states if assistance is requested.

vi)

Flag state must investigate any relation committed by vessel flying its flag on a request from any state.

vii) Flag state should be prompt in addressing any requests for information by any other state. It should inform competent international organizations about action taken and the outcome. Such information should be made freely available to all flag states. Flag states must impose adequate penalty for any vessel relating the law to discourage further violation Que: Give a brief history and the necessity towards formation of UNCLOS. What are its important highlights? Under this context explain (i) Territorial sea (ii) contiguous zone (iii) EEZ (iv) Continental shelf (v) high seas Oceans always have been a prime source of nourishment for life. Climate and weather changes depend on the interplay between oceans and the atmosphere. They also serve as a convenient medium for trade, commerce, exploration, adventure and discovery. As the mysteries of the oceans gave way to their mastering, a lot of customs, traditions and laws arose defining the rights of the ship and the mariners who plied the waters of the ocean. Attempts were made to regulate the use of ocean by conventions acceptable to all nations. The UN has made considerable progress in developing and codifying the laws of the sea. There UNCLOS (United Nations Convention on the Law of the Seas) have been convened.

UNCLOS I at Geneva in 1958 UNCLOS II at Geneva in 1960 International conferences approved conventions which covered the continental shift, Fishing, High seas, Territorial waters and contiguous zones. During the 1970, it came to be accepted that the sea bed is a common heritage of mankind and should be administered by an international authority. UNCLOS III was at GENEVA in 1974 which discussed issues on navigation, pollution and the breadth of territorial waters. It entered into force on 16 th Nov 1994. UNCLOS provides a universal frame work for the management of marine resource and their conservation, govern all aspects of the oceans, such as environmental control, marine scientific research, economic and commercial activities, transfer of technology and settlement of disputes relating o ocean matters. UNCLOS is a treaty of 446 articles grouped under17 part heading and 9 annexes. 1)

TERRITORIAL SEAS: Extends to 12 Nautical miles from the baseline. Foreign flag vessels have a ‘Right of Innocent Passage’ through it. The passage is considered ‘innocent’ as long as it is not prejudicial to peace, good order or security of the coastal state.

‘Right of innocent passage’ can be suspended if it is essential for the protection of the coastal state its security or for weapons exercise. The internal waters the coastal state can exercise jurisdiction over all vessels. In territorial seas, it should not exercise criminal jurisdiction except. a) If the consequences of crime extend to the coastal state b) If crime disturbs the peace of the country or good order of the sea c) It master of a vessel or an agent of the Flag State requests the coastal state to exercise jurisdiction d) If jurisdiction is necessary to suppress traffic of narcotic drugs. 2) CONTIGUOUS ZONE: Extends 12 nautical miles beyond the territorial sea limit Coastal states must exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territories. Vessel carrying noxious or dangerous substances or wastes may be turned away on public health or environmental grounds. 3) EXLUSIVE ECONOMIC ZONE (EEZ)  It extends to a maximum of 200 nautical miles from the base line, covering and managing the natural resources whether living or non living of the waters adjacent and of the sea bed and its subsoil.  State has jurisdiction, with regard to installation marine scientific research and protection and preservation of the marine environment.  All other states enjoy the freedom of navigation, laying of submarine cables and pipelines IV. CONTINENTAL SHELF:

The outer limit of the continental shelf shall not exceed 350 nautical miles from the base line or shall not exceed 100 nautical miles from 2500 meters isobaths. Coastal states have exclusive rights for exploring and exploiting its natural resources. The state also has the exclusive right o authorize and regulate drilling on the shelf or all purposes. V. HIGH SEAS: Part of the sea that is not included in the exclusive economic zone in the territorial sea or in the internal waters of a state or in the archipelagic waters of an archipelagic state. High seas are open to all states for freedom of navigation, freedom of over flight, freedom to lay submarine cables and pipelines, freedom to construct artificial islands and installations, freedom of fishing freedom of scientific research. High seas shall be reserved for peaceful purposes. Other high seas precautions are prevention of slave trade, piracy, seizure of ships, illicit narcotics, trafficking and unauthorized broad casting For enforcement purposes, there are provisions for relevant rights of visit, seizure, arrests and hot pursuits. Differentiate between Rules, Regulations, Protocol, Act, Tacit Acceptance and Convention as adapted in IMO. Describe the process by which an IMO Convention gets converted into a Statutory Rule administered by a maritime member country. Rule: is a governing authority. Regulation: is a generally accepted condition or course of action. Protocol: If a majority of changes are required is a convention which has been adopted but not in force, then those are incorporated in the convention and it is called PROTOCOL. e.g.: the Marpol Convention 1973 has also been amended by means of protocols. The 1978 marpol protocol made major changes to Marpol. It also absorbed the parent convention and ensured that the combined Convention / Protocol instrument (called Marpol 73/78) would enter into force at an earlier date then the present convention would have done alone (Marpol 73/78 come into force on 2nd Oct 1983). Act: It is an action by which amendments are made to the convention. E.g. Act of STCW 95 conference, amending the STCW 78 Tacit acceptance Procedure: Technology and Techniques in the shipping industry change very rapidly. As a result, not only are new conventions required but existing ones to be kept up to date. IMO had no authority to adopt let alone amend conventions. Its mandate allowed it only to "Provide for the drafting of conventions, agreements or other instruments and to recommend those to governments and to Inter governmental organizations and to convince such conferences as may be necessary." IMO convention specifically stated that IMO's functions were to be "consultative and advisory." the organization could arrange a conference but it was up to the conference to decide whether the convention

under discussion should or should not be adopted and to decide how it should be amended. Most of IMO conventions could only be updated by means of "classical" (passive) amendment procedure. The number member states of IMO were rising all the time as new countries emerged and began to develop their shipping activities. As the number of parties rose, so did the total required to amend the convention. The problem was made worse by the fact that governments took for longer to accept amendments than they did to ratify the parent convention. The amendments adopted to the 1960 SOLAS convention in 1966, 1967, 1968 and 1969 had failed to enter into force till 1971. It was felt that unless the International maritime community was sufficiently responsive to these charged circumstances states will once again revert to the practice of unilaterally deciding what standards to apply to their owners shipping and to foreign flag shipping visiting their ports. Studies were made on alternative amendment procedures. The main reason why amendments took so long to enter into force was the time taken to gain acceptance by 2/3 of contracting Governments. One way of reducing this period would be by "specifying a date of entry into force after adoption by the Assembly, unless the date of amendment is explicitly rejected by certain number or contracting Govts." The body which adopts the amendments at the same time fixes a time period within which contracting parties will have the opportunity to notify either their acceptance or their rejection of the amendment, or to remain silent on the subject. In case of silence the amendment is considered to have been accepted by the party. This is known as the "tacit" or "passive" acceptance procedure. Convention: is a set of rules which are adopted by all countries and comes into force on agreed date. Any changes in above conventions after date of enforcement are done through various amendments. . Procedure for adopting a convention: This is the part of the process with which IMO as an organization is most closely involved. IMO has six main bodies concerned with the adoption or implementation of conventions. The Assembly and council are main organs, and the committees involved are the maritime safety committee, Marine environment protection committee legal committee and the facilitation committee. Developments in shipping and other related industries are discussed by member states in these bodies and the need for a new convention or amendments to existing conventions can be raised in any of them. Normally the suggestion is first made in one of the committees, since these meet more frequently than the main organs. If agreement is reached in the committee, the proposal goes to the council and, as necessary, to the Assembly. If the Assembly or the council as the case may be gives the authorization to proceed with the work, the committee concerned considers the mater in greater detail and ultimately draws up a draft instrument. The draft convention, which is agreed upon is, reported to the council and assembly with a recommendation that a conference be convened to consider the draft for formal adoption. Invitations to attend such a conference are sent to all member state of IMO. Before the conference opens, the draft convention is circulated to the invited Govts. and organizations for their comments. The draft convention, together with the comments thereon from Govts and interested organizations is the closely examined by the conference and necessary

changes are made in order to produce a draft acceptable to all or the majority of the Govt. present. The convention thus agreed upon is then adopted by the conference and deposited with the secretary-General who rends copies to Govts. The convention is opened for signature by states, usually for a period of 12 months. Signatories may ratify or accept the convention while non-signatories may accede. The drafting and adoption of a convention in IMO can take several years to complete although in some cases, where a quick response is required to deal with an emergency situation, Govts. have been willing to accelerate this process considerably. Before the convention comes into force that is, before it becomes binding upon govt., which have ratified it, it has to be accepted formally by individual Governments. Accepting a convention does not merely involve the deposit of a formal instrument. A Govts. acceptance of a convention necessarily place on it the obligation to take the measures required by the convention. Often national law has to be enacted or changed to enforce the provisions of the convention. Adequate notice must be given to ship owners, ship builders and other interested parties so they make, take account of the provisions of the Convention in their future acts and plans. At present IMO conventions enter into force within an average of five years after adoption. Que: Give a brief background of ILO, its inception and its field of mandate for maritime labour development? Name the three conventions/protocols of ILO concerning maritime labour, which has came in force in 1996 Ans: Background of ILO World War I transformed the world’s social and economic map. The International Labour Organization (ILO) emerged together with the League of Nations from the treaty of Versailles in 1919. It gave expression to the concern for social reform that grew with the industrial revolution and the conviction that realistic reform had to be conducted on an international plane. The members of the ILO were to be countries of the world member states. Created to develop international labour standards and to ensure their application, the ILO devoted the bulk of its energies to this major task during its firs forty years. During the twenty year period from 1919 to 1939. 67 conventions and 66 recommendations were adopted. Originally, standards focused on working conditions. The first convention in 1919 dealt with hours of work, the famous eight-hour day and forty eight hour week. In 1926, an important innovation was introduced when the International Labour Conference set up a supervisory system on the application of standards which still exists today. It created a committee of independent jurists responsible for examining government reports on the application of conventions ratified by them and presenting its own report each year of the conference. Its mandate has since been broadened to cover reports on ungratified conventions and recommendations. The International Labour office in Geneva is the permanent secretariat of the International Labour Organization, its operational headquarters research centre and publishing house. Administration and management are decentralized in regional area and branch office in more than 40 countries.

Under the leadership of a Director general who is elected for a five year renewable term. The office employs some 2500 officials and experts at Geneva headquarters and in more than 40 field offices around the world. Regional meetings of the ILO member states are periodically held to examine the matters of special interest to the regions concerned. The work of the governing body and of the International Labour office is aided by tripartite committees covering major industries and by committees of experts on such matters as vocational training, management development, occupational safety and health industrial relations workers education and special problems of certain categories of workers (young workers, women, the disabled etc). The International Labour office maintain a very comprehensive website at http://www.ilo.org/ Mandate of the ILO The ILO formulates International labour standards in the form of conventions and recommendations setting minimum standards for basic labour rights:     

Freedom of association Right to organize Collective bargaining Abolition of forced labour Equality of opportunity and treatment and other standards regulation conditions across the entire spectrum of work related issues.

It provides technical assistance primarily in the fields of:         

Vocational training and vocational rehabilitation Employment policy Labour administration Labour law and industrial relations Working conditions Management development Co-operatives Social security Labour statistics and occupational safety and health.

It promotes the development of independent employers and workers organizations and provides training and advisory services to those organizations Within the UN systems, the ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in the work of its governing organs 1996 maritime Session of the International Labour Conference the 84th (Maritime) Session of the International labour Conference concluded its work in October 1996 with the adoption of three conventions three recommendations and a protocol concerning the living and working conditions of seafarers. The conference revised and adopted the following international legal instruments:

Seafarers’ hours of work and the Manning of ships convention Seafarers’ wages, hours of work and the manning of ship recommendation 1996 Labour inspection (seafarers) convention and recommendation 1996 Recruitment and placement of seafarers’ convention (revised) and recommendations 1996 1996 protocol to the Merchant Shipping (Minimum Standards) Conventions 1976 Seafarers hours of work and the manning of ships convention The conference revised the wages, hours of work and manning (sea) convention and recommendation 1958 (No. 109). It adopted the new seafarers hours of work and the manning of ships convention 1996 which establishes specific daily and weekly limitations on hours of work or conversely daily or weekly minimum rest periods for seafarers with the aim of preventing fatigue associated with excessive work. It calls upon member states which ratify it to acknowledge that normal work hours shall be based on an eight hour day with one day of rest per work and then provides that maximum limits shall not exceed 14 hours per day and 72 hours in a week. Alternatively, member sates may define working time through a minimum of ten hours of rest per day or 77 hours in a week. These limitations are to be posted in an easily accessible place on board the ship. Records of daily working hours or periods of rest are to be maintained and the competent authority is to examine and endorse these records at appropriate intervals in order to monitor compliance and if the records indicate infringements of the provisions governing hours of work or rest requires measures to be taken to avoid infringements. The new convention has also been included in the protocol to the Merchant Shipping (minimum Standards) conventions 1976 (No.147). This means that, following sufficient ratifications, this instrument may also be subject to port state control. 19. An Indian flag vessel collided with another vessel off the coast of India, as a result few lives were also lost and vessel damaged. In accordance with the provisions under the Merchant Shipping Act, what steps should be initiated and who should initiate such steps for the safety of the ships and the marine environment Ans. Whenever a shipping accident takes place and comes under the purview of M.S.Act as a shipping casualty, the master, the pilot or persons in charge of ship at the time of casualty is required to give notice of this casualty to officer appointed by the government under the section 358(2) of the M.S.Act. The proper officers appointed by the government are notified in the official gazette. Preliminary enquiry:- When an officer appointed under the Act received information about the shipping casualty, he is required to conduct a preliminary inquiry about the accident. The purpose of the preliminary enquiry is to establish the following: (a) A shipping casualty has occurred within the meaning of Act. (b) The details of the voyage leading to the casualty. (c) Events that led to the casualty (d) Extent to which loss of life or loss of property has occurred due to shipping casualty (e) The causes that led to the casualty including act of incompetency, negligence or misconduct of person or persons is concerned

The preliminary enquiry, which is held under section 359 of M.S.Act is departmental enquiry and the proceedings of such enquiries are not released to public. In conducting the preliminary enquiry, the officer has the following responsibilities: (1) To inform the central government and the state government concerned where necessary of the detail of the shipping casualties occurring within their jurisdiction (2) To go on board the ship and inspect the same including machinery and equipment, but not unnecessarily detaining or delaying her from proceeding on any voyage (3) To enter and inspect any premises to facilitate the completion of the preliminary enquiry (4) To summon persons he thinks to take statement to complete the preliminary enquiry (5) To demand the production of all log books, documents or papers he considers necessary for the enquiry (6) To submit the report to central government If any person refuses to attend and answer or to produce necessary evidence or to impede the enquiry, officer should call his attentions to the power given to him. In case he still refuses, he can take action under chapter X of the Indian Penal Code. Persons who may be present at the examination; where the owner or agent of a ship, a casualty to which is being investigated signifies his desire to be present but only while witness belonging to the ships at which he is directly interested are being examined, and he must be requested to remain silent. He may take note of evidence, if he desires but should not interfere examination of witnesses. Barring this, no person is to be present in room during the examination of the witness excepting the deponent. The officer conducting the enquiry and his clerk and if necessary an interpreter. Professional lawyers are not admitted in to the proceedings of preliminary enquiry or formal investigation. Whenever it appears that the event leading to ship casualty, demand a formal investigation by court, the D.G.Shipping, by virtue of power delegated to him under section 360 of M.S.Act may direct the same to be held. On receipt of the order of director general the proper officer shall make an application to the court of empowered under 361. the objective of court empowered under 361 is not to punish anyone who may have been at fault, but to throw light on the cause of casualty and to consider steps to prevent such casualties in future. Only first class magistrates are empowered to conduct these formal investigations. The courts are assisted by assessors having the requisite technical knowledge and are independent of all the interest concerned. The assessor are appointed by the court out of the list which is maintained by the directorate. Where formal investigation involves or appears likely to involve any question regarding cancellation or suspension of certificate of competency of master, mate or engineer, the court shall be assisted by not less than two assessors having the requisite experience in merchant marine service. Apart from the officer on whose application this investigation is undertaken, any person upon whom a notice of investigation has been served, any other interested parties may be permitted to appear at investigation and become a party to the proceedings. On the appointment time and place for holding investigation, the court can proceed with investigating witness the parties upon whom notice of investigation have been served are present or not.

Report of court, unless the cancellation or suspension of any officers certificate is not involved, the court need not tell its decision in open court. It may send or deliver to the parties a copy of the report as required by 369 of M.S.Act to be transmitted to the central government. The court should submit its report to the central government in duplicate. Where cancellation or suspension of officers certificate of competency is involved, the court may deliver its decision in open court and also send or deliver to the parties a copy of the report to be transmitted to the central government. Where the certificate is suspended and the court has recommended a certificate of lower grade should be issued, the same shall be issued by D.G.Shipping through the principal officer concerned. The power to cancel certificate of competency – The certificate of competency may also be cancelled by central government under provision of 373 of M.S.Act A ship is required to be registered at a specific port in India. List the documents that will be required for such registration, detailing related flow process thereof. What statutory surveys will be required to be carried out before the ship makes her first voyage? . Normally an Indian ship is registered in any of the following ports in India i.e. Mumbai, Calcutta and Chennai. At each port, the principal officer (P.O.) of the MMD is the registrar for that ship. The registrar has a book called The Register book which carries entries made regarding the registration of ship. Following Documents are required for registration of the ship.

a)

Surveyor’s Certificate

b)

The Builder’s Certificate

c)

Any instrument of sale, by which the ship was previously sold.

d)

All declarations of ownership.

1) Surveyor’s Certificate: The owner of the ship which is to be registered in India makes the arrangements for the vessel to be surveyed by a surveyor, who then ascertains the tonnage of the ship. The surveyor grants a certificate, specifying the ships tonnage and other particulars. This certificate is delivered to the Register for purpose of registry. 2) The Builders Certificate: In case the ship is built in India, a Builders Certificate i.e. true account of proper denomination and the tonnage of the ship as estimated and the name of the person, if any, on whose account the ship was built to be submitted to the Registrar. If the ship is built outside India, the same evidence should be produced as in case of a ship built in India. If the place and time of her building are not known or if the builders’ certificate cannot be produced, then the instrument of sale under which ship was sold earlier is required. 3) If the ownership of the ship has been changed in the past. Those instrument of sale is required at the time of registry. 4) Declaration of Ownership:

Owner (i.e. a person/company) should sign a declaration of ownership in the prescribed format containing following.

A) Statement containing citizenship of India. B) A statement of the time and place where the ship was built. If the ship was built outside India. and time and place are not known, a statement to that effect must be given. In addition, in case of a ship previously registered outside India, a statement of the previously registered name and other particulars. c) Name of her master d) The number of shares (of the ship) held by the individual / company ( as the case may be) and e) A declaration that the particulars stated are true to the best of his / her knowledge and belief. 5)

The give a minimum of 14 days notice to the Registrar of the name proposed for the ship. The Registrar before registering the vessel in the name of the applicant shall obtain prior approval of the name from D. G. shipping who will also allot an official number of the ship.

On being satisfied that the ship, on the strength of evidence placed before him is entitled to be Indian ship, Registrar arranges for a surveyor for the determination of her tonnage in accordance with the merchant shipping (Tonnage measurement) Rules 1987, as amended from time to time, for the purpose of issue of a certificate of survey. After the formalities enumerated above have been gone thro’, Registrar issues a carving and marking note. This note is to be returned to the registrar after carving and marking have been duly carried out on the ship in the prescribed manner & certified by surveyor. It involves carving of name of the ship conspicuously on each side of her bows as well as insertion permanently on her stern the name of the intended port of Registry. After entering the required particulars of the ship in the register, the registrar issues a certificate of Registry to the owner. Explain the following maritime term: (a) Charter Party (b) Freight (c) Bare Boat Charter (d) Bill of Lading (e) Lay Time, Demurrage and Off-Hire.

Charter party: In trumping the market conditions strongly influence the freight that has to be paid. The contract between two parties is called the charter party. Charter parties are contracts of affreightment under which the shipowner, in return for a sum of money called the freight or charter hire aggress to carry goods in bulk by sea or provide services of a vessel for the purposes of such carriage.

There are no international conventions governing charter parties. Most countries have also not made laws for regulating chartering practices. The terms and conditions of charter parties have been evolved over a period of years in preparing with the growth of maritime commerce and the shipping industry. Organization like the UK chamber of shipping and the BALTIC INTERNATIONAL MARITIME CONFERENCE (BIMCO) in Copenhagen have played a significant role in evolving international accepted CHARTER PARTIES. Besides such standard forms, there are also a number of private charter party’s forms evolved by individual commodity producers and merchants. Thus, charter parties could vary from place to place and also from one commodity o another. The chartered will normally employ brokers to hire a ship for the carriage of their cargoes. They may be carrying their own goods or goods of another party. They maybe a member of a consortium conference on other multi party agreement or may be outsider. There are three important elements concerning chartering The owner he who puts his vessel or part of the vessel at the disposal of another party for carriage of cargo. THE CHARTERER: He who hires the vessel and pays for it The FREIGHT: The amount of money which the charterer has to pay the owner for hiring of the vessel. According o the contract both charterer and the owner have their own responsibilities with respect to the hired costs and the variable costs in the use of vessel. The charter party are normally claused to allow charterers to sublet the vessel in whole are impart on condition that the charterer remain responsible to the ship-owner for the performance of original charter. There are different types of charter parties 1. Voyage Charter 2. Time Charter 3. Bare boat Charter Freight: The fright is expressed as per ton loaded cargo. This is usually expresses in dollars per MT or long ton. Freight is the remuneration payable by charters to the owners for the performance of the contract and may be called charter party freight. This is normally payable in accordance with the terms of a freight clause which stipulate the amount of freight the time for payment and the method of payment. This is often payable under the charter party terms partially or fully in advance e.g., on loading on Q.31

issue of Bill of Lading

Dead freight is not genuine freight but owners compensation for loss of freight, payable by charterers on a quantity of cargo short shipped i.e., a quantity they agreed upon but failed to load 3) BARE BOAT OR (DEMISE CHARTER) A bare boat charter may also be called a charter by demise or demise charter and is often described as a type of ship financing arrangement.

 It will be generally on the BARE CON 89 charter party form  It is used by owners such as banks/finance organization who may not be prepared to operate or manage ships themselves.  It is a contract for the lease of a ‘vessel for an agreed period’. The legal owner ship continues to vest in the owner but her physical possession, operation (including manning) and commercial exploitation are the responsibility of and are the benefit of the charterer.  They often have a purchaser option at the expiry of the charter period and are frequently linked to management control. Any bills of lacking for cargo are issued by or on behalf of the charterer and not on behalf of the legal owner. The chartered usually pay the owner a fixed hire per month in advance as detailed in agreement. 4) BILL OF LADING The bill landing is the declaration of the master of the vessel by which the acknowledges that he received the goods on board of his ship and assures that he will carry the goods to the place of destination for delivery, in the same condition as he received them against handing of the original bill of landing. The definition of a bill of lading given in the “HAMBURG RULES” is the following. “BILL OF LADING” means a document which evidence a contract of carriage by sea and the taking over of loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order or o bearer, constitutes such an undertaking. The bill of lading serves as a a) A receipt of the goods by the ship-owner acknowledging that the goods of the stated species, quantity and conditions are shipped to a stated destination in a certain ship or at least received in custody of the ship owner for the purpose of shipment. b) A memorandum of the CONTRACT OF CARRIAGE by which the master agrees to transport the goods to their destinations all terms of the contract which was in fact concluded prior to signing of the bill of loading are repeated on the back of this document c) A document of little to the goods enabling the consigner to dispose of the goods by endorsement and delivery of the bill of lading. LAY TIME: The lay time is the allowed time for loading and unloading of the vessel. The lay time is determined in the charter party. If this time excelled by the charterer he has to pay the owner compensation called the DEMURRAGE: On the other hand if the ship has loaded or discharged quicker than foreseen then the owner will have o pay the charter compensation called

dispatch. Lay time consists of a specific number of days “DAYS” means a period of 24 consecutive hours running from 0000 to 2400 hrs. DEMURAGE: Rate of amount payable per “weather working day” a portion thereof to the ship-owner by the charter as penalty for the letters failure to load or discharge cargo within the lay time specified in the charter party provided however that the delay was not due to circumstances within the control of ship-owner or beyond control of the chartered. OFFHIRE: It is the responsibility of the owner to provide the vessel in a seaworthy condition for the purpose of the contract and the time of contract making. Owners usually agree to exercise due diligence to make the vessel seaworthy for each voyage during the charter period. A term charter party usually contains an undertaking by owners to maintain the vessel in a good condition throughout the charter period and owners may be required to keep the vessel in the condition she was stated to be in when the contract was made. The term off hire means that in certain circumstances for which the charterer is not responsible, the hire will be temporarily suspended. So the hire of the vessel is suspended when the charterer cannot use the vessel for which he had hired it. The circumstances in which “off hire” is allowed are given in the charter party.(egdry docking, strike of officers, crew, breakdown of machinery, to maintain efficiency of the vessel, deficiency of owner stores etc.) The boiler and piston cleaning is included to allow owners to carryout maintenance of machinery. This period is normally 48 hours per year. The vessel goes off hire if period of maintenance is exceeded. If deviating for owner’s purpose eg-landing a sick man, repairs, dry dock the vessels will be off hire from the moment of deviation until she is ready to resume service in a position not less favourable to the charterers. A deduction of hire is calculated on the basis of fuel used in deviation including F.O and D.O at the port deviated to. But if deviation is for the charterer purposes eg. stress of weather the vessel will remain on hire.

Charter party: Charter parties are contracts of affreightment under which the shipowner, in return for a sum of money called the freight or charter hire aggress to carry goods in bulk by sea or provide services of a vessel for the purposes of such carriage. There are no international conventions governing charter parties. Most countries have also not made laws for regulating chartering practices. The terms and conditions of charter parties have been evolved over a period of years in preparing with the growth of maritime commerce and the shipping industry.

Organization like the UK chamber of shipping and the BALTIC INTERNATIONAL MARITIME CONFERENCE (BIMCO) in Copenhagen have played a significant role in evolving international accepted CHARTER PARTIES. Besides such standard forms, there are also a number of private charter parties forms evolved by individual commodity producers and merchants. Thus, charter parties could vary from place to place and also from one commodity o another. The chartered will normally employ brokers to hire a ship for the carriage of their cargoes. They may be carrying their own goods or goods of another party. They maybe a member of a consortium conference on other multi party agreement or may be outsider. There are three important elements concerning chartering The owner he who puts his vessel or part of the vessel at the disposal of another party for carriage of cargo. THE CHARTERER : He who hires the vessel and pays for it The FREIGHT : The amount of money which the charterer has to pay the owner for hiring of the vessel. According o the contract both charterer and the owner have their own responsibilities with respect to the fired costs and the variable costs in the use of vessel. The charter party are normally claused to allow charterers to sublet the vessel in whole are impart on condition that the charterer remain responsible to the shipowner for the performance of original charter. There are different types of charter parties 4. Voyage Charter 5. Time Charter 6. Bare boat Charter LAY TIME: The lay time is the allowed time for loading and unloading of the vessel. The lay time is determined in the charter party. If this time excelled by the charterer he has to pay the owner compensation called the demurrage. On the other hand if the ship has loaded or discharged quicker than foreseen then the owner will have o pay the charter a compensation called dispatch. Lay time consists of a specific number of days “DAYS” means a period of 24 consecutive hours running from 0000 to 2400 hrs. 4) BILL OF LADING The bill landing is the declaration of the master of the vessel by which the acknowledges that he received the goods on board of his ship and assures that he will carry the goods to the place of destination for delivery, in the same condition as he received them against handing of the original bill of landing. The definition of a bill of lading given in the “HAMBURG RULES” is the following. “BILL OF LADING” means a document which evidence a contract of carriage by sea and the taking over of loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order or o bearer, constitutes such an undertaking.

The bill of lading serves as a a) A receipt of the goods by the shipowner acknowledging that the goods of the stated species, quantity and conditions are shipped to a stated destination in a certain ship or at least received in custody of the ship owner for the purpose of shipment. b) A memorandum of the CONTRACT OF CARRIAGE by which the master agrees to transport the goods to their destinations all terms of the contract which was in fact concluded prior to signing of the bill of loading are repeated on the back of this document c) A document of little to the goods enabling the consigner to dispose of the goods by endorsement and delivery of the bill of lading. OFFHIRE:It is the responsibility of the owner to provide the vessel in a seaworthy condition for the purpose of the contract and the time of contract making. Owners usually agree to exercise due diligence to make the vessel seaworthy for each voyage during the charter period. A term charter party usually contains an undertaking by owners to maintain the vessel in a good condition throughout the charter period and owners may be required to keep the vessel in the condition she was stated to be in when the contract was made. The term off hire means that in certain circumstances for which the charterer is not responsible, the hire will be temporarily suspended. So the hire of the vessel is suspended when the charterer cannot use the vessel for which he had hired it. The circumstances in which “off hire” is allowed are given in the charter party.(egdry docking, strike of officers, crew, breakdown of machinery, to maintain efficiency of the vessel, deficiency of owner stores etc.) The boiler and piston cleaning is included to allows owners to carryout maintenance of machinery. This period is normally 48 hours per year. The vessel goes off hire if period of maintenance is exceeded. If deviating for owners purpose eg-landing a sick man, repairs, dry dock the vessels will be off hire from the moment of deviation until she is ready to resume service in a position not less favourable to the charterers. A deduction of hire is calculated on the basis of fuel used in deviation including F.O and D.O at the port deviated to. But if deviation is for the charterer purposes eg.: stress of weather the vessel will remain on hire.

3. What are the basic “contracts” used in Maritime transportation? Discuss the basic elements of the time Charter Party and Demise (Bareboat Charter Parties)? State the conflicts between chartering and Maritime Law?

Ans.:- Contract is an agreement enforceable by law and exists between owner and ship manager if any. Owner, manager and any ship broker fixing the ships employment Owner, manager and any charterer of the vessel. Owner, manager and agent appointed at each port. Master and his employer Legal carrier and each shipper of goods on vessel. Owner, manager and various parties engaged during a voyage such as ship chandlers. Repairing parties, tug owners, pilotage authorities, port authorities, stevedores. Individual crew members and their employers. Ship owners and charterers. Charterers and sub-charterers. Ship owners and owners of cargo Ship owners (or carriers) and passengers (contracts of passage) Contracts of carriage by sea are normally made between a shipper or charterer & a ship owner or carrier, by brokers acting as agents on their behalf. (For brokers services a separate contract is made). An agent normally has the legal capacity to bind his principal to any contract made on the principal’s behalf, although he must always act within his authority. -

A master normally has no capacity to make or alter a contract of carriage made by his employer except in except in exceptional circumstances. (E.g. when making a salvage contract in time of peril, or in circumstances where he becomes an agent of necessity when unable to communicate with its principal. Time Charter: - is a contract for the services of the vessel for a specified period of time which could vary from one trip (trip time charter) to as much as a few years. The owners retain possession of the vessel & provide the master & crew, provisions, insurance deck and engine stores & have the responsibility of maintaining the vessel in an efficient state in hull, machinery & equipment. The charterers provide and pay for fuel, port and canal charges, pilotage, tugs, agency fees & commissions. The time charter forms in common use are NYPE, BALTIME, ASBATIME, SHELLTIME, INTERTANKTIME & SUPPLYTIME. The charterer-hire is generally on a daily rate & is usually payable in advance every fortnight/every month. Bareboat Charter or Demise Charter: - Is rather more in the nature of a ship financing agreement for the services of the ship. In this arrangement the legal ownership continues to vest in the owner but her physical possession, operations (including manning) & commercial exploitation are the responsibility of & are for the benefit of the charterer. Bareboat charters often have a purchase option at the expiry of the charter-period & are frequently linked to a management contract. The owners are often banks or investment companies who do not have the expertise to operate or manage ships. Any Bills of Lading for cargo loaded are issued by or on behalf of the charterer & not on behalf of the legal owner. The most-often used form for this type of agreement is “Barecon-89” published by BIMCO. The charter hire is generally payable in advance on the basis of per annum. Que: State the responsibilities and liabilities under the hague-visbey rules of a)shipper b)shipowner.

Explain the difference between Hague rules and Hague visbey rules. Ans: The duties of the ship-owner/carriers are covered under Article (iii) of Hague Visby rules. I) The carrier is obliged to exercise due diligence before and at the beginning of the voyage in respect of the following: (a) to make the ship seaworthy (b) to properly man, equip and supply her (c) to make the holds and other places where goods are to be carried fit and safe for their reception carriage and preservation. II) The carriers duty to exercise due diligence in the above respects is a paramount duty and an overriding obligation. If subsequently it is established that loss of or damage to cargo resulted from failure of the carrier to exercise due diligence, the carrier will not be permitted to avail of the benefit of the protection, otherwise available to him under the rules. III) The carrier is obliged to properly and carefully load handle, stow, carry and discharge the cargo. The carrier must have a proper system for taking care of cargo during the time he is in custody thereof. This provision includes aspects such as security, ventilation, maintenance of required temperature and avoidance of contamination (IV) The carrier must demand of the shipper, a bill of lading showing (a) Leading marks necessary for identification of goods. (b) Number of packages or the quantity or weight in writing by the shipper (c) The apparent order and condition of goods. (V) A bill of lading issue as above must be a ‘shipped’ Bill of lading, provided that the shipper has surrendered any ‘Mate’s Receipt or “Received for shipment” Bill of lading (issued prior to the issue of the bill of lading) Such a Bill of Lading is also a prima-facia evidence of receipt of goods as described therein but proof to the contrary is not admissible where the B/L has been endorsed/transferred to a third party acting in good faith.

CARRIER’S LIABILITIES (I) Unless the value of goods has been declared by the shipper before shipment and has been inserted in the Bill of lading the carrier’s liability for loss of or damage to goods is limited as provided in the rules (ii) Under the Hague Rules, the carriers liability was restricted to G.B. pounds 100 (gold equivalent) per package-unless of course a higher limit had been mutually agreed. (iii) By Hague Visby amendments in 1968, the above limit was raised to 10,000 francs per package or 30 francs per kilogram (whichever is higher). A frame meant 65.5 mgs of gold of 900/1000 fineness (90% pure gold) (iv) By amendments in 1979, the above limits were further raised to 666.67 SDR’s per package or 2SDR’s per kg. (v) The 1968 amendment provided that where a container/pallet or “similar article of transport” is used to consolidate goods, the number of packages mentioned in the B/L as packed in such article of transport shall be deemed to be the number of packages as far as these units are concerned.

RESPONSIBILITIES OF SHIPPER (i) The shipper is the person who has a legally binding contract with the carrier. It is the shipper’s responsibility to provide accurate information about the cargo. (ii) Following information must be included in the B/L (a) Shipper’s identity (b) Vessel name (c) Port of loading (d) Port of discharge (e) Quantity of cargo. As far as possible the master should insert words viz., ‘shipper figures’ or ‘shore figures’ or ‘weight and quantity unknown’ to protect the carrier from claim short loading date of loading (g) condition of goods (h) freight (i) condition of carriage (iii) The shipper has to clearly declare, the nature of goods being shipped when goods are being shipped without the knowledge of consent of carrier, the carrier is free to jettison land or destroy the goods without any liability. (iv) The shipper is responsible for all damages and expenses resulting from the shipment of dangerous goods, even when such goods are shipped with carrier’s knowledge. The carrier can deal with the goods when they become dangerous to the ship without any liability except general average. But in such a case, the shipper is not liable for any consequential loss.

LIABILITIES OF SHIPPER 1. If the value of goods has not been declared in the B/L the shipper will get only 666.6 SDR’s per package or 2 SDR’s per kg 2. In case of loss or damage, written notice must be served on the carrier within are year of delivery of goods.

DIFFERENCE BETWEEN HAGUE RULES AND HAGUE VISBY RULES 1) Under Hague rules (framed in 1920’s) carriers liability was restricted to GB pounds 100 (gold equivalent) per package. Under Hague-Visby rules, this limit was raised to 10,000 francs (gold equivalent) per package or 30 francs per kg 2) As per Hague Visby rules, the carrier loses his right to limit liability, if the damage to cargo resulted from an act or omission of the carrier, done with the intent to cause such damage. As per Hague rules, no such provision were provided. Thus the carrier could limit his liability to 100 GB pounds even if the damage caused to cargo was done intentionally with the intent to cause damage. 34. Elaborate the influences of a Charterer on operation of propulsion and other shipboard machineries during a voyage. A ship on a time- charter if met with several unforeseen machinery breakdowns due to which the scheduled date cannot be met with, stale the different options and actions a Chief Engineer on-board should undertake. Ans. The different types of charter parties are :(1) Voyage Charter (2) Time Charter (3) Bareboat Charter. In case of a voyage charter and time charter, it is the responsibility of owner to take care of ships propulsion machinery and other machineries on board.

In case of any breakdown : (a) In case of voyage charter in breakdown if laycan is not met i.e. at agreed time if the vessel is not presented at agreed port or place, the charterers are entitled to reject the vessel and cancel the charter. (b) In case of time charter, loss of time governed by the so called off hire clause. This clause provides that time charter shall not be required to pay hire for such time as is caused by breakdown of machinery or repairs. (c) In case of bareboat charter all responsibilities regarding navigation, propulsion and maintenance of shipboard machinery remains with charterer itself. Prior taking a ship on charter following things (but not limited to ) are taken in to consideration by the charterer: (1) Description of the vessel name, flag, ownership, class, gross and net tonnage, cargo capacity and horsepower etc. (2) Speed and fuel consumption in function of determined weather conditions (in good weather & smooth water) Time charter has a major concern in speed of the ship and fuel consumption as it determines the time period between ports and also the expenses to be incurred on fuel in the voyage. Minimum speed agreed in charter party has to be achieved and any deviation in case of speed or fuel consumption if any, then the owner has to pay compensation to the charterer. Voyage charter has stipulated laycan so in order to meet that a minimum agreed speed has to be achieved/maintained during the voyage otherwise charterer is entitled to reject the vessel and cancel the charter. (3) Apart from propulsion machinery the charterer can also ask for following reports: a) Aux. eng. fuel consumption per day b) Conditions of hatches/tanks c) Boiler fuel consumption d) DO cons. in IGG (gas ships) e) Cargo machinery f) Mooring & windlass g) Navigation h) General condition of vessel i) Vetting inspection defect list j) CAP survey reports of hull and machinery For delivering the cargo at agreed terms and conditions in charter party, other machinery also play vital role. Time Charter:- This means a vessel is to be operated for a period of time under charter without undertaking either the financial commitments of ownership or responsibilities of navigation and management of vessel. If too much unforeseen machinery breakdown have occurred and ship cannot meet with the scheduled date, a chief engineer on board should undertake following options and actions: In case of time charter a period of 48 hrs is allowed for the shipowner per year to carry out maintenance jobs on boiler and main engine.

So in case the breakdown is on ME or boiler, the C/E must ensure that maintenance is carried out within the stipulated time by charter party. To expedite the work, the option of making two teams to work on ME can be considered in that when one group is working the other can take rest and work goes on continuously till the job is over, to ultimately avoid the possibility of off-hire vessel. In case of breakdown:1) Company must be informed regarding the breakdown machinery and proposed maintenance action must be reported also 2) Any special assistance required like some spare parts/stores or technicians must be discussed with company 3) Anticipated time for carrying out the maintenance must be reported to company 4) Make separate teams to work on the machinery so that work is in progress all the time till maintenance is over and machine is ready to start 5) Motivate the crew and engineers and be a part of team. This will be an encouraging factor to all and work can be done efficiently and effectively 6) Appreciate and encourage the crew and engineers If the breakdown is not over within time stipulated by charterparty, after discussion with company the following action may be taken – (a) Speed of ship may be increased within safe limits. This should be done in consultation with the company because increase in speed increases fuel consumption which may deviate from that mentioned in charterparty. (b) The load on diesel generator should be reduced if possible to compensate for increase in fuel consumption. (c) After discussion with master the course of ship may be altered keeping in mind the safety of ship (d) A more vigilant watch must be kept on the machinery to avoid further breakdowns and engineroom to be manned at all times. Company to be well informed about the condition of machinery. Q1/60- Define the salient consideration taken during survey of ship under i) Bareboat charter ii) Voyage charter iii) Time charter. As a C/E on board, explain with reasons, which of the three surveys is most demanding and exhausting and why? Charter : is the contract between the ship owner and the charterer for the use of a ship or her services for a particular voyage or for series of voyages, or for a stipulated period of time. Contracts for hire of specified vessels, includes o time charters o Bare boat charters (also know as "demise charters). o Voyage charter Bareboat charter: Is a contract for the hire of a vessel for an agreed period during which the charterers acquire most of the rights of the owners.

(Is most usually on the BARECON 89 charter party form Is used by owners such as banks & finance houses who are not prepared to operate or manage ships themselves. May be hinged to a purchase option after expiry of the charter or during the hire period.) In essence the vessel owners put the vessel at the complete disposal of the charters and pay the capital costs, but no other costs. The charters have commercial and technical responsibility for the vessel, and pay all costs except capital costs. The "BARECON A" from under which the owners bear responsibility for insurance premiums, was designed by BIMCO for short period chartering. The "BARECON B" form was designed as a long-period, financial type of contracts, mainly for new buildings although it can be modified for second -hand tonnage. The charters are responsible for insurance premiums. BARECON 89 is an amalgamation of the BARECON "A" and "B" forms, designed to reflect the growing use of Bareboat charter registration. There will be an agreement, that there will be an on hire survey. In the case of new ship building the survey procedures can be done in the yard itself according to the agreement. In other cases there is a thorough examination considering the following points. -

Bunkers on board

-

Stores & spares on board.

-

General condition of the vessel.

-

Certificates validity

-

Tanks condition

-

Sea worthiness.

As a Chief engineer, you are responsible for maintaining the equipment in good condition. Bunker on board to be properly calculated and kept ready for the surveyors to check. Cleanliness and proper P.M.S. system has to be maintained in view of seaworthiness. It is a more stringent survey since the charter takes the responsibility of the vessel in full respect except capital cost. All crew members to be aware of the safety procedure and safe working practices according to the company's quality management system. In this regard proper training and briefing to be given before surveys. Voyage Charter: is a contract for the carriage by a named vessel of a specified quantity of cargo between named posts or places. The ship owner basically agrees that he will present the named vessel for loading at the agreed place within an agreed period of time a following loading, will carry the cargo to the agreed place, where he will deliver the cargo. The charter agrees to provide for loading, within the agreed period of time, the agreed quantity of the agreed commodity, to pay the agreed amount of freight, and to take delivery of the cargo at the destination place.

In effect the charterers hire the cargo capacity of the vessel and not the entire vessel. The owner must provide the master and crew, act as carrier and pay all running and voyage costs, unless the charter party specifically provides otherwise. The survey under voyage charter is not very strict as compared to other charter party : The charter mainly interested in sea worthiness and condition of the cargo space. The surveyor checks for whether the vessel can carry the cargo of particular quantity and to be able to discharge within an agreed period of time. As a Chief Engineer one should take care of cargo hold/ tank, cargo gear condition. It any repairs are necessary to keep the same in good condition, that has to be carriedout. He has to prove that the ship is able to carry the cargo safely and vessel able to reach in proper time which is agreed. Time charter : is a contract for the hire of a named vessel for a specified period of time. (The charters agree to hire from the ship owner a named vessel, of specific technical characteristics, for an agreed period of time, for the chatterers purposes subject to agreed restrictions. The hire period of time, for the charters purposes subject to agreed restrictions. The hire period may be the duration of one voyage (a "trip charter") or anything up to several years ("period charters")) The ship owner is responsible for vessels running expenses i.e., manning repairs and maintenance, stores, masters and crew’s wages, hull and machinery insurance, etc. He operates the vessel technically, but not commercially. The owner bears no cargo handling expenses and do not normally appoint stevedores. The charters are responsible for the commercial employment of the vessel, bunker fuel purchase and insurance, port and canal dues (including pilotage, towage, linesmen etc.), and all loading stowing / trimming / discharging arrangements and costs. A directions and logs clause requires the charters to provide the master with all instruction and sailing directions and the master and Chief Engineer to keep full and correct logs accessible to the chatterers or their agents so that they can monitor the vessels efficiently. Stevedoring damage notification forms and log abstracts will usually be required to be rent to the chatterers. On-hire survey and delivery certificate: There will be usually agreements that there will be an on-hire survey or delivery survey to establish. Bunkers remaining on board (R.O.B.) in order to determine the quantity the chatterers will have to pay the owners for. -The general condition of the vessel. -Tanks or holds are fit for the carriage of the contemplated cargoes. -Holds of a dry cargo vessel must be dry and swept clean, etc. and tanks for oil or chemicals must pass survey and be certified fit.

The on-hire survey is usually carried out by jointly approved surveyors, paid for 50/50 by the owners and the chatterer. Time spent on the survey is normally at the owner's risk, i.e., the vessel is not on -hire until passing of the survey. A delivery certificate should be issued by the surveyor to confine the date and time of hand-over, bunkers R.O.B. and the condition of holds or tanks. The certificate should be attached to the survey report and is a vital document for the assessment of hire payments due and the commencement of various chatterer liabilities. The on hire survey should not be confused with the condition survey that may be required by a prospective chatterer, particularly where this is an oil company or in the case of older tonnage. As a Chief Engineer, one should calculate the bunker on board correctly and to keep all machinery in good condition. He has to prove that ship is able to satisfy charter party requirement regarding fuel consumption and speed. Any maintenance required for cargo holds or tanks to be carried-out prior survey to keep them in good condition. OFF HIRE SURVEY AND REDELIVERY CERTIFICATE:The chatterers must normally re-deliver the vessel in the "same good order as when delivered to the chatterer, fair wear & tear excepted." In the event of redelivery not being in the same good order and condition, the charters would be liable for the costs of repairs. If the charterers are given the option of redelivering the vessel "dirty" a sum in compensation to the owners will be provided for. The off hire survey will normally be carried out by an independent surveyor to ascertain the extent of damage done during the charter, bunkers R.O.B. etc. The redelivery clause may provide that repairs necessary to make a vessel sea worthy must be done immediately on redelivery, and any other repairs at a more convenient time, e.g. at the next dry-docking. The off-hire survey is similar in scope to the on-hire survey Bunkers r.o.b. are measured so that they can be "brought back by the owners. The condition of the vessel and her cargo spaces is examined for damage attributable to charterers operations. A redelivery certificate should be issued to the master. As a Chief Engineer, he should check the bunkers r.o.b. and condition of the cargo spaces. If any repairs to be done has to be notified to the surveyor. 4. Explain the following; (a) World scale (b) Responsibilities of a shipbroker Ans: (a) WORLD SCALE: This is used for tanker’s cargoes whereby freight rates are quoted with reference to an international scale called the new Worldwide Tanker Nominal Freight Scale or “World Scale” in short. This is used as a reference by the parties in the tanker market to easily compare and evaluate freight rate for all the different voyages and market levels. The basis of world scale is that the particulars of a standard tanker of 75000 tons DWT have been chosen for making round voyage calculation for practically all known tanker trades with the comparatively few. In these calculations specified figures have been used

for all items involved, e.g. a distance of 15000 nautical miles, port cost, port time(hour/days) bunker cost, etc. and the additional fictional cost element of 12000 dollars/day. In this way the freight/MT required by the standard ship in each trade has been calculated and these freighted figures are printed in World Scale as a certain dollars/ton. These values are called world scale 100 or world scale in short. In practise, reference is made to these world scales in other freight negotiation and market reports. The prevailing market levels, the actual ship size, the type and quality of product to be supplied and also the loading place, then determine how for above or below the reference level of WS 100, the fixture will be calculated. In other words what percentage of the tabulated freight figure will be used for calculating the freight to be paid, e.g. in a fixture covering 10000 tons DWT from Gulf to Western Europe made at WS 80 means that the owner will be paid a freight equal to 80% of the freight per ton tabulated in the world scale table for the trade in question. The freight rates are normally negotiated on a fixture, using world scale for the basis of negotiations. It is called the world scale freight rate. Advantages: 2) Simplified negotiations for tanker charterers. 3) A simple reference covers all possible voyages within the agreed trading areas. 4) Facilitate ready and quick comparison of fixture. Disadvantages: 1) World Scale is not a substitute for voyage estimating 2) It does not allow for income or freight tax etc. 3) World Scale is only a method of comparison and tool for negotiation, not a substitute for risk management and/or business forecasting. Responsibilities of a ship broker: Ships are normally fixed on charters, between ship owners and charterers by shipbrokers acting as negotiator for the two parties. Many ship brokers are self employed, while others work in large firms active in several of above disciplines. Shipbrokers are remunerated by commissions called brokerage, payable by the ship owner to each broker involved in arranging a contract. In a voyage or time charter, the brokerage payable is stipulated in brokerage clause and is normally 1.25% of the ship owner’s gross receipts from hire, freight, dead freight and demurrage, payable to each broker involved. The professional body for ship brokers worldwide is the London based Institute of Chartered Shipbrokers. The institute sets and monitors professional standards for shipbrokers through annual examinations. Its tutorship correspondence courses enable shipbroking students (including mariners) to study for the institute’s annual exams (from which qualified mariners are granted some exemptions). London is still the hub of international ship broking community and many individual brokers and broking firms are members of Baltic Exchange, which is essentially a ship broking market place. Most shipbroking today is conducted via the international telecommunication network. Such specialists may be engaged by a shipowner are customarily referred to as chartering agents or chartering brokers and are paid a commission for their services

(usually paid by shipowner unless otherwise stipulated) which customarily is 1.25% of the gross revenue and any demurrage. When two or more brokers are involved, duplicate (double) brokerage is normally paid. Shipbrokers include:7) Owner’s brokers, who find and arrange employment for their principal ship, 8) Charterers brokers, who fix ship to carry out their principal requirements. The principal functions performed by the shipbrokers are:1) To determine the form of charter and special provisions that must closely meet the needs of particular transactions. 2) To facilitate the negotiations of the terms and broker the charter on behalf of the principals 3) To chart the vessels position and availability for loading and to coordinate delivery of cargo to shipside. 4) To ensure that the required notices for readiness are given, that the election of loading or discharging parties or brokers are declared, and appropriate insurance coverage is obtained. 5) To supervise the preparations of dispatch, demurrage and loading statement, payment of dues and customs at various ports and settlement in so far as possible of disputes arising in this connection. 6) To obtain certification of freight invoices, arrange for surrender, bill of lading; facilitate collection of freight, etc. 7) To arrange for appointment of port agents and to issue appropriate instructions. Que: Differentiate between third party liability and contractual liability ? When may the shipowner seek to limit his liability? Que:What is general average act? Name the essential features of GA act?

GENERAL AVERAGE ACT: General average is an ancient form of spreading the risk of sea transport and existed long before marine insurance. General average means “general loss”, as opposed to a particular loss under marine insurance. A general average act is defined in Rule A of the York Antwerp Rules 1994 and Marine Insurance Act as follows: “There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.” The five component parts of a general average loss are therefore: a) an extraordinary sacrifice or expenditure, b) which is intentionally c) and reasonably made d) against a peril,

1. loss

With reference to marine insurance, write short notes on the following: (a) Port of refuge (b) Particular average and General average (c) Total loss and Constructive

(a) is

Port of refuge : It is a port on place that a vessel diverts to when her master considers it unsafe to continue the voyage due to a peril that threatens its safety. Where such a deviation is for the preservation from peril of the property involved is a common maritime adventure, it will generally constitute a general average act. Where the ship-owner or carrier is a party to a contract of carriage, discontinuation of the voyage is deviation from the contract. A deviation to a port of refuge will be regarded as a justifiable deviation if the reasons for the deviation can be shown to be a valid one within the terms of the contract. In such a case all contractual rights will be unaffected. Valid reasons for deviating to a port of refuge usually include: (i)

Weather, collision or grounding damage affecting the seaworthiness of the ship

(ii) (iii) (iv) (v) (vi)

A serious Fire Dangerous shift of cargo Serious machinery breakdown Any other accident causing a serious threat to the vessel on her cargo Shortage of bunker

Paragraph (a) of Rule X – Expenses at pent of refuge etc – of the York- Antwerp Rules 1994 provides that ‘when a ship shall have entered a port of refuge fro any of the above mentioned reasons, the expenses incurred shall be admitted as General Avg.’ A port or place where a vessel seeks temporary shelter is not a port of refuge (Eg. Due to adverse weather) since running for shelter is ‘ordinary practice and not extraordinary’ in context of Rule A of the York Antwerp Rules. Particular Average and general Average A marine loss may be either:1. A total loss or 2. A partial loss (termed average)

Partial Loss A partial loss may be either: 1. Particular average (PA) i.e., accidental partial loss or 2.General average (GA) i.e., intentional partial loss 1.

Particular Average: It is a partial loss, proximately caused by a peril insured against and which is not a General average loss. Thus, structural damage proximately caused by collision, grounding, heavy weather etc. (perils of the seas) would normally be caused as a ‘PA’ loss. 2. General Average: General average is an ancient form of spreading the risk of sea transport and existed long before marine insurance. General average means ‘general loss’, as opposed to a particular loss under marine insurance.

It is a system, in which all interests involved in the adventure, viz., Hull and Machinery, cargo and Freight at risk must contribute to the losses voluntarily incurred to save all interests on board. The principle is ‘That which has been sacrificed for the benefit of all, shall be made good by the contribution of all, that got the benefit from the General Average Act’ The object of ‘GA’ is to ensure, that the owner of the ship or cargo, who has incurred an expenditure or suffered a sacrifice of his property, in order to extricate the ship (and the cargo) from a perilous position, receives a contribution to his loss, from all those who have benefited from this action A ‘GA’ loss is a partial loss, incurred through a deliberate act performed with the intention of protecting the interests of all involved, in a voyage from a danger, which threatens them all. ‘GA’ losses are shared equally by all parties to the ‘common adventure’ each contributing in proportion to his percentage of Net arrived values. The five major component of a general average loss are therefore a) an extraordinary sacrifice or expenditure b) which action taken was intentional or voluntary and not inevitable c) and reasonably made d) against a peril e) in order to benefit the common venture e.g., Damage done when over working a ships engine while afloat to prevent grounding in ‘ordinary’, whereas damage done to engines, when already aground, in attempting to re-float the vessel is a ‘GA’, since this is an extraordinary Act. Total loss and constructive loss A total loss may be either: 1) An Actual Total Loss (ATL) or 2) A constructive Total Loss (CTL) Actual Total Loss: There is an Actual Total Loss, where the subject matter of insurance is completely destroyed or so damaged as to cease to be a thing of the kind insured, on where the insured is irretrievably deprived of it or where properly is posted ‘missing’ e.g. when a ship is missing, viz., has not repented for several weeks Constructive Total Loss: As per the Marine Insurance Act, a Constructive total Loss occurs, when an assured is deprived of possession of his ship on goods by a peril insured against and where the subject matter of insurance is reasonably abandoned by the Insured, on account of its actual loss appearing unavoidable, because it could not be prevented from Actual Total Loss without expenditure that would exceed its value after expenses have been incurred. After ‘valid’ abandonment, the Insurer is entitled to take over the interests of the Assured in whatever remains of the insured property including proprietary rights viz. The right to any freight, that was in the course of being earned when the casualty occurred The right to take over the ship or its goods

The right to dispose of the ship or its goods as they think fit and to retain all the proceedings (even if this is more than the claim actually paid)

Why does a ship require Marine Insurance cover? Explain Hull Claims and Cargo Claims related with Marine Insurance. State the related documents and information required from the ship in this regard highlighting their validity. Ans. Marine Insurance is a method where by one party called assuror or underwriter, agrees for a stated consideration known as a premium, to indemnify another party, called the insured or assured, against loss, damage or expense in connection with the commodities at risk if caused by perils enumerated in the contract known as a policy of insurance. The policy pledge to compensate the insured by does not guarantee the continued existence or the replacement of the good itself. Insurance provides individuals and organisations with financial protection against the outcome of events which involve monetary loss or liabilities which could not be predicted or anticipated and over which they have no effective control. In the case of ship-owner or ship manager insurance is usually confined to financial consequences of damage to its own ship, damage to the people’s property or death or injury to people all ship-owner and shipping merchants should insure this property against the loss or damage. They are not legally bound to insure except for liability of oil pollution claim. However the modern methods of financing trade and shipping makes it essential that they do so. The capital exposed to loss in modern ship is so huge that no company can afford to bear the liability incurred. Besides most of the tonnage is mortgaged to banks and other financial institutions and they require insurance as collateral security.

Hull Insurance claims: Following any cases of Hull damage e.g. collision, grounding etc. ship owner/managers insurance dept. will normally immediately inform H & M lead underwriter via broker. As per clause 49 of IHC 1.11.02, lead underwriter will instruct a surveyor to ascertain the nature, cost and extent of the damage, necessary repairs and fair and reasonable cost there of and any other matter which leading underwriter or surveyor considers relevant. The lead underwriter will make decision in respect of any claim within 28 days of receipt by them of the appointed average adjusters final adjustment or, if no adjuster is appointed, a full document claim presentation sufficient to enable the underwriter to determine their liability in relation coverage and quantum. The underwriter all discharged from the liabilities of the claim if it is not notified within 180 days of the assured becoming aware of accident or occurrence. Documents and information required from the ship. In addition to copies of the relevant insurance policies (which will be supplied by the owner), documents and information listed below may be required to accompany a claim lodged by owners against underwriters



Deck and E/R logbooks covering the casualty and the repair period.

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Master’s and / or chief engineers detailed report (as appropriate)

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Relevant letters of protest.

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Protest and extended protests.

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Underwriter’s surveyor’s report

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class surveyor’s report

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Owner’s superintendent’s report.

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Receipt and account for repairs.

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Accounts covering and dry-docking & general expenses.

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Details of E/R stores and spares consumed.

Cargo Claims: 1) When cargo loss or damage is discovered a delivery note or consignment note will be claused with a note of the loss or damage. 2) The cargo owners will immediately inform his insured if it is outside UK, this is done thro’ the local Lloyds’ agent in case of Lloyds’ policy. 3) If loss or damage is extensive underwriters will normally ask for a survey report. This is arranged by Lloyd’s agent, who can appoint surveyor and pay small claims locally. 4) After the claim is quantified and documented the underwriter settles the claim thro Lloyd’s agents, 5) Underwriter then decides (under the doctrine of subrogation) whether or not claim is worth pursuing against carrier. 6) If he decides to pursue the claim be immediately makes a written claim on the carrier, failure to claim may prejudice his right of recovery. 7) The claim (including surveyor’s fee) is settled by the carrier in the currency stated in the policy or on the certificate of insurance. 8) The carrier if a PI member then claims on his club policy.

Documents usually required are: Bill of landing / Airway bill, commercial invoice, insurance certificate, copy of Notice of claim reported against carrier, Documentation related to outturn / receipt of goods, local carrier’s way bill where applicable, copy of temperature records, where available copy of instructions to carrier regarding carriage temperature, where applicable invoices to confirm salvage / sale price.

Que: What are the principles of modern salvage law? What is general average? With context to G.A. explain (i) Entitlement (ii) Artificial (iii) Adjustment (iv) contestation Ans: Salvage can be described as a service rendered to save maritime property in danger. Salvage can be characterized by the following:

1. Salvage service must be voluntary 2. Salvage property must be recognized maritime property 3. Subject must be in danger 4. Salvage must be successful. Let us look at above … in detail1) Vessel crew pilot cannot claim salvage as they are bounded by contract to protect the vessel and its cargo from danger. Tugs arranged previously for to wage cannot claim salvage. However tugs called in an emergency can claim salvage. 2) Subject can be vessel cargo special equipment on board ship boundaries as any other maritime property out risk of being lost if salvage is not rendered. Provisions crews effect etc are not qualify for salvage 3) Dangers must be identified at commencement of salvage. However it might not be immediately present or imminent e.g., a vessel which has lost its propeller is not if any immediate danger, if it is at sea however, if may take lead to grounding. 4) Salvage claim is paid out of the value of the property saved hence salvage must be successful (at least partly). Hence the term ‘No cure No pay’ viz if salvage operation is unsuccessful there can be no value to effect payment. Beneficiaries of salvage are liable to pay salvage These includes 1. 2. 3. 4. 5.

Owner of vessel Owner of any special equipment fitted on board Charters of vessel Owners of ‘salved’ cargo Owners of bankers on board

GENERAL AVERAGE ACT: General average is an ancient form of spreading the risk of sea transport and existed long before marine insurance. General average means “general loss”, as opposed to a particular loss under marine insurance. A general average act is defined in Rule A of the York Antwerp Rules 1994 and Marine Insurance Act as follows: “There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.” The five component parts of a general average loss are therefore: a) an extraordinary sacrifice or expenditure, b) which is intentionally c) and reasonably made d) against a peril,

“A common maritime adventure” is a voyage in which several parties have some financial interest. The policies to a common maritime adventure would include the ship owner. (i) Entitlement to G.A.: A claimant is entitled to obtain contribution from other parties to the common venture (cargo as the ship). But a carrier is not entitled to obtain contribution in GA from cargo if the peril arises as a result of his actionable faults as negligence in law as that of his employees (ii) Artificial G.A: is the granting of a claim for G.A. when even when one of the fine basic principle found in Rule A of the York Antwerp Rules is not present

 claims for G.A. were originally for .. of cargo cutting away of anchor cables etc. carried out for the common safety in order to avoid imminent ship wreck caused by a peril of sea  The creation of artificial G.A was part of slow evolution favouring ship owners  If peril was an essential ingredient of G.A if was reduced in importance by “Safe prosecution” rule and peril did not have to be immediate provided that it was real and not imaginary.  Some numbered rules and do not retain interpretation rule of Rule paramount. Thus it is not dear weather the principles in act 193 have precedence over the rules in out 194 or vice versa. Articles 203allows particles to opt out of changes 10 by agreeing to a different set of rules.  Because there was no specific peril read. In rule x (b) and x1(b) claims may be made for there is no peril. This is G/a by agreement as artificial G.A. (iii) General Average Adjustment  Assessment of each party’s contribution is caused on average adjustment  Governed by York Antwerp Rules 1974  The rules ensure that all the average adjustments. To as international standard  The adjustment is made by an average adjuster  The average adjuster is appointed by the ship owner to collect all the facts surroundings the incident to collect various parameters from various policies before the cargo is discharged and to ensure payment of contribution  The adjuster … have all the facts and figures at his disposal  In addition to calculating contributions due from each party he will be frequently requested to adjust any types of claim.  The declaration of G-A is normally made by ship-owner, but in criteria countries any one of the interest parties may initiate an adjustment  A declaration must be made before cargo is discharged and to ensure payment of contribution  Ship owners will usually allow the discharge of cargo when owner interested parties to the ventures provided suitable security. (iv) Contestation to GA: GA has been in subject to dissatisfaction for the following main 6 reasons 1. Exoneration of carriers for the faults of master and crew under the Hague rules, carrier is exampled from liability for the negligence of its employee 2. interpretation of rules: Numbered Rules are preferred over lettered rules 3. emergency of marine insurance has made GA reluctant 4. Expenses and delay in adjustments 5. Problems in collision of G A contribution 6. Small G A

Que: Write short notes on the following. (i) Lloyd’s open form (ii)General average and particular average (iii) Bill of lading (iv)Treaty convention and protocol Ans:

LOF 2000

Lloyd’s Form of Salvage Agreement or “LOF”, as it is more commonly known, has been revised ten times since it was first introduced in 1892. The latest revision of the form is regarded as one of the more radical revisions which have so far occurred. Those familiar with the previous versions of Lloyd’s Form will know that it consisted of 6 pages of double-sided text in a single document which opened out to a width of 63cm. or about 25 inches. Its length was explained by the fact that, traditionally, it contained not only the contractual terms which related directly to the salvage services themselves and the manner of their performance but also the procedural and administrative provisions governing the LOF arbitration system for the assessment of salvage claims, including the Requirements for salvage security and the arrangements for the payment of salvage awards. LOF 2000 looks radically different. It comprises a single sheet of paper incorporating a box layout in which essential information such as the name of the ship and the identity of the salvage contractors is to be inserted. Below the box lay-out and on to the reverse side of the document, there are 12 lettered clauses and 2 information notices. This shortening of the form has been achieved by removing all the provisions of a procedural or administrative nature which have been consigned to a set of Standard clauses known as the Lloyd’s Standard Salvage and Arbitration (or LSSA) Clauses which, together with the Lloyd’s Procedural Rules which govern the conduct of Lloyd’s salvage arbitrations, have been incorporated into LOF 2000 by reference. Therefore the LOF 2000 is a more manageable document and easier to read and understand. A conscious effort has been made to simplify the language of the contract by substituting plain English for phrases or expressions which may not have been readily intelligible to those whose first language is not English or to those not used to reading “legal” contracts. But it should not be thought that the changes which have been reflected in LOF 2000 are only cosmetic. Some years ago a Lloyd’s Form Working Party was established, the membership of which included numerous organizations in the shipping, insurance and legal communities

regularly concerned with salvage claims under LOF. The new form has been drafted in consultation with the Working Party members and the issues of substance they raised were addressed. These include the following: 1. Property liable for the payment of salvage Traditionally, the personal effects and baggage belonging to passengers and the Master and crew of a vessel have not been regarded in English law as liable to pay for salvage except perhaps for passengers’ baggage stowed in the hold and not required on voyage. The International Salvage Convention 1989 may have altered English law in that regard, albeit unintentionally, but the Lloyds Form Working Party agreed that, for LOF purposes, such personal effects should be exempt from the payment of salvage and, furthermore, that this exemption should include any private motor vehicle accompanying a passenger including its contents. An appropriate provision has therefore been included in LOF 2000. 2. Currency of Award For many years it was possible for the parties to LOF to select the currency in which the salvage remuneration was payable, but the preceding LOFs provided that, if no specific currency of payment was agreed, the remuneration should be paid in pounds sterling. However, it has become increasingly apparent in recent years that most users of LOF select United States dollars as the currency of payment. Additionally, ship values are invariably expressed in that currency which, more often than not, is also the currency, in which cargoes are bought, sold and insured. In recognition of these factors, LOF 2000 Provides that, if no alternative currency of payment is agreed, salvage remuneration will be payable in United States dollars. 3. The Duty to Co-operate Clause 3 of LOF 1995 obliged the owners and Master of a casualty to co-operate with salvors in certain respects. LOF 2000 extends the scope of that duty. There have been many recent incidents involving fires on ships carrying containerized shipments of chemicals or other hazardous cargo. In such situations, it is essential that salvage personnel are provided with full information to ensure that the salvage operation is Properly planned to avoid the dangers to human life, property and the environment which such cargoes may present. LOF 2000 therefore requires the owners and the Master to provide the

salvors with all information that is relevant to the performance of the services which is capable of being provided without undue difficulty or delay. This will of course include plans, stability data and similar information if it is relevant. 4. Rights of Termination Clause 4 of LOF 1995 gave shipowners a right to terminate LOF “when there is no longer any reasonable prospect of a useful result leading to a salvage award”. In LOF 2000 an equivalent right is conferred on the salvors who, previously, had no contractual right to terminate a LOF contract. 5. Deemed Performance On a similar topic, LOF 2000 includes a new provision which is designed to provide a practical solution to the difficulty in determining when salvage services can be treated as completed. Provided the salved property has been taken to the agreed place of safety, the salvors will be entitled to treat their services as having been performed if:(a) they are not obliged to remain in attendance to satisfy the requirements of any port or harbor authority, governmental agency or similar authority; and (b) The continuation of skilled salvage services is no longer

necessary

to

avoid the property becoming lost or significantly further damaged or delayed. 6. Scopic Clause In August 1999 an agreement made between International Salvage Union and the International Group of P&I Clubs known as the Scopic Clause became available for use. Its purpose is to provide an alternative regime for the determination of claims for special compensation under Article 14 of the 1989 Salvage Convention which would otherwise be dealt with by arbitration under LOF. Scopic is expressed to be supplemental to LOF but, since it was only introduced for a trial period, it was not considered appropriate to include more than a brief reference to it in LOF 2000. The box layout in the new form includes a facility enabling the parties to specify whether Scopic forms part of their agreement. LOF 2000 goes on to provide that, if the box is left blank, Scopic will not be regarded as incorporated into the contract. The LSSA Clauses

Most of the administrative and procedural provisions in LOF 1995 have been transferred into these incorporated clauses without significant change although, where possible, the language has been simplified. But the opportunity has been taken to make some improvements. For example: (a) The Clauses emphasize the need to operate the LOF system in good faith and in a businesslike manner with a view to ensuring that claims are resolved fairly and efficiently at a reasonable cost. (b) The arrangements for paying salvage awards have been streamlined to improve efficiency and Lloyd’s now have a duty to enforce salvage security if payment is delayed beyond 56 days after publication of an award. A new standard form of salvage guarantee has also been introduced with the publication of LOF 2000. (c) Under section 49 of the (English) Arbitration Act 1996 arbitrators have power to award compound interest on claims. The Working Party considered that, ordinarily, only simple interest should be awarded on LOF salvage claims. This is stated in LOF 2000 but the clause goes on to provide that an arbitrator may award compound interest if the proceedings have been delayed for an excessive period as a result of ‘gross misconduct’ on the part of the property owners or “in other exceptional circumstances”. (d) Clause 18 of LOF 1995 which dealt with the position of subcontractors has been substantially re-drafted to ensure that the claims of all persons engaged by the LOF contractor are dealt with under the LOF thus providing greater certainty and protection to the property interests. Lloyd’s Procedural Rules These were introduced in 1990 to provide a standard procedure for dealing with claims under LOF. They have been altered piecemeal on several occasions in the last 10 years but, in the latest revision, the rules have been re-structured to make them easier to understand. Also, in line with recent changes to court procedures in England, the new rules give arbitrators greater powers to control proceedings including, for example, the power to place limitations on expert evidence to contain costs. Partial Loss A partial loss may be either: 1. Particular average (PA) i.e., accidental partial loss Or 2.General average (GA) i.e., intentional partial loss 1. Particular Average:

It is a partial loss, proximately caused by a peril insured against and which is not a General average loss. Thus, structural damage proximately caused by collision, grounding, heavy weather etc. (perils of the seas) would normally be caused as a ‘PA’ loss. 2. General Average: General average is an ancient form of spreading the risk of sea transport and existed long before marine insurance. General average means ‘general loss’, as opposed to a particular loss under marine insurance. It is a system, in which all interests involved in the adventure, viz., Hull and Machinery, cargo and Freight at risk must contribute to the losses voluntarily incurred to save all interests on board. The principle is ‘That which has been sacrificed for the benefit of all, shall be made good by the contribution of all, that got the benefit from the General Average Act’ The object of ‘GA’ is to ensure, that the owner of the ship or cargo, who has incurred an expenditure or suffered a sacrifice of his property, in order to extricate the ship (and the cargo) from a perilous position, receives a contribution to his loss, from all those who have benefited from this action A ‘GA’ loss is a partial loss, incurred through a deliberate act performed with the intention of protecting the interests of all involved, in a voyage from a danger, which threatens them all. ‘GA’ losses are shared equally by all parties to the ‘common adventure’ each contributing in proportion to his percentage of Net arrived values. The five major component of a general average loss are therefore a) an extraordinary sacrifice or expenditure b) which action taken was intentional or voluntary and not inevitable c) and reasonably made d) against a peril e) in order to benefit the common venture e.g., Damage done when over working a ships engine while afloat to prevent grounding in ‘ordinary’, whereas damage done to engines, when already aground, in attempting to re-float the vessel is a ‘GA’, since this is an extraordinary Act. 4) BILL OF LADING The bill lading is the declaration of the master of the vessel by which he acknowledges that he received the goods on board of his ship and assures that he will carry the goods to the place of destination for delivery, in the same condition as he received them against handing of the original bill of landing. The definition of a bill of lading given in the “HAMBURG RULES” is the following. “BILL OF LADING” means a document which evidence a contract of carriage by sea and the taking over of loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order or o bearer, constitutes such an undertaking. The bill of lading serves as a a) A receipt of the goods by the ship-owner acknowledging that the goods of the stated species, quantity and conditions are shipped to a stated destination in a certain ship or at least received in custody of the ship owner for the purpose of shipment.

b) A memorandum of the CONTRACT OF CARRIAGE by which the master agrees to transport the goods to their destinations all terms of the contract which was in fact concluded prior to signing of the bill of loading are repeated on the back of this document c) A document of little to the goods enabling the consigner to dispose of the goods by endorsement and delivery of the bill of lading. Treaties A treaty is a written international agreement between two states (a bilateral treaty) or between a number of states (a multilateral treaty), which is binding in international law. In relation to shipping matters, the chief international treaty-making bodies are an internationally accepted organization such as the United Nations or one of its agencies, such as IMO, ILO, WHO or ITU. A treaty normally enters into force in accordance with criteria incorporated into the treaty itself, e.g. 1 year after a stipulated number of states have acceded to it (by signature of a government representative). A treaty signed by a state government generally has no effect in the national law of the state until there has been an act of ratification or accession and the treaty has been incorporated by statute into the national law of the state. Conventions Earlier convention was regularly employed for bilateral agreements. It is now generally used for formal multilateral treaties with a broad number of parties. Conventions are normally open for participation by the international community as a whole, or by a large number of states. Usually the instruments negotiated under the auspices of an international organization are entitled conventions (e.g. United Nations Convention on the Law of the Sea of 1982). The same holds true for instruments adopted by an organ of an international organization (e.g. the 1951 ILO Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, adopted by the International Labour Conference). Protocols The term "protocol" is used for agreements less formal than those entitled "treaty" or "convention". The term could be used to cover the following kinds of instruments: (a) A Protocol of Signature is an instrument subsidiary to a treaty, and drawn up by the same parties. Such a Protocol deals with ancillary matters such as the interpretation of particular clauses of the treaty, those formal clauses not inserted in the treaty, or the regulation of technical matters. Ratification of the treaty will normally ipso facto involve ratification of such a Protocol. (b) An Optional Protocol to a Treaty is an instrument that establishes additional rights and obligations to a treaty. It is usually adopted on the same day, but is of independent character and subject to independent ratification. Such protocols enable certain parties of the treaty to establish among themselves a framework of obligations which reach further than the general treaty and to which not all parties of the general treaty consent, creating a "two-tier system". The Optional Protocol to the International Covenant on Civil and Political Rights of 1966 is a well-known example. (c) A Protocol based on a Framework Treaty is an instrument with specific substantive obligations that implements the general objectives of a previous framework or umbrella convention. Such protocols ensure a more simplified and accelerated treaty-making process and have been used particularly in the field of international environmental law. An example is the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer adopted on the basis of Arts.2 and 8 of the 1985 Vienna Convention for the Protection of the Ozone Layer. (d) A Protocol to amend is an instrument that contains provisions that amend one or various former treaties, such as the Protocol of 1946 amending the Agreements, Conventions and Protocols on Narcotic Drugs. (e) A Protocol as a supplementary treaty is an instrument which contains supplementary provisions to a previous treaty, e.g. the 1967 Protocol relating to the Status of Refugees to the 1951 Convention relating to the Status of Refugees.

As per the Marine Insurance Act, write short notes on the following (a) Deviation (b) Warranties (c) War Risk Clause (d) Charterers Contribution Clause

Ans) The Marine Insurance Act 1963 (N/A 1963) of India is substantially a reproduction of its british counter parts, the Marine Insurance Act 1906. The Act codifies the law relating to marine Insurance i.e., it defines various terms of the contract and their amplified contents. Insurance provides individuals and organizer with financial protection against the outcome of events which involve monitory loss or liabilities which were not anticipated or protected and over which they have no effective control. In case of ship owner or ship manager insurance is usually confined to the financial consequences if damage to its own ship, damage to other people, property or death/injury to people. Warranties: Section 33(1) of the N/A defines a warranty as a promissory warranty, i.e., to say the warranty by which the assured undertakes that some particular things share or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular mate of fact A warranty may be expressed or implied. Express Warranty: An expressed warranty must be written into the policy in any form of words or contained in some document incorporated by ref. into the policy. An express warranty does not override an implied warranty unless the two conflict. Implied warranty: There are not written in the policy but are implied by law to exist in the contract. There are 2 major important warranties in marine insurance policy. (a) Seaworthiness: The hip at the commencement of the voyage be seaworthy, for the purpose of the particular voyage insured in “voyage policy”. Where with the assured knowledge and consent, a ship is sent to sea in unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. (b) Legality: There is an implied warranty that the adventure insured (voyage time are mixed policy) is lawful and that so far as the assured can control it. The adventure will be carried out in a lawful manner. If the adventure is illegal at the time of the insurance is effected, the policy will be void. Thus drug running or gun running trips or voyages to countries or ports subject to a Govt. embargo would be deemed unlawful). WAR RISK CLAUSE: marine I A includes war perils within he meaning of the term (Maritime perils). With respect to the hull insurance in order to cover war risks it was at one time customary to delete the (free of capture and seizure) clause (fc & s) and institute the war clause. When the ordinary marine insurance market found itself unable to give adequate cover on account of the enormous losses suffered during the war. So the cover was obtained by mutual insurance through P&I club. During 1st world war a scheme was brought into operation under which vessel could be covered 80% by the Govt and 20% by the clubs. At the end of war Govt dropped out. With respect to cargo insurance goods are ….. insurable against war risks in any part of the world by the simple expedient of deleting FC&S clause in the cargo policy and institute war clause on the contract of insurance. Premiums would be adjusted accordingly. There are also special war clauses drafted to suit the requirements of particular traders.

Charter Contribution Clause Where there is 6A loss (general average loss or a personal loss) followed as a direct consequence of 6/A act. It states that cohere any extraordinary sacrifice or expenditure is voluntary and reasonably made or incurred in time of peril for the purpose of preserving the property imperelled in the common adventure. It should be noticed that the 6/A act embraces both a general average sacrifice and a general average expenditure. When there is a 6/A loss the party on whom it falls is entitled to a ratable contribution from the other interested parties. The parties benefiting by the sacrifice or expenditure may be: 1. The ship owner for the value of the ship saved 2. Cargo owner for the value of the cargo saved 3. The ship owner in respect of freight payable by charter party or bulls of leading or charter here money 4. The charter under a time charter, for freights payable under bills of lading. Each will be called upon to contribute according to the value of his interest saved as a result of the sacrifice or expenditure, the main contributing interest are therefore ship, freight and cargo. All there contribute to their net values at the place where the voyage ends or is abandoned. Such values are called contributory values. Deviation: As per the MIA section 46(1) where a ship worthout lawful excuse, deviates from the voyage contemplated by the policy, the insurer is discharged from liability as from the time of deviation and it is immaterial that the ship may have regained her route before any loss occurs. Section 46(2) There is a deviation from the voyage contemplated by the policy (a) Where the course of the voyage is specifically designated by the policy and that coarse is departed from or (b) Where the course of voyage Is not specifically designated by the policy, but the usual or so many course is departed from. Section 46(3) The intention to deviate is immaterial; there must be deviation in fact to discharge the insurer from his liability under the contract. The next section 47(1) of N/A which requires consideration is that relating o a voyage when there are several ports of discharge. Where several ports of discharge are specified by the policy, the ship may proceed to all or any of them, but in the absence if any usage of sufficient cause to the contrary. She must proceed to them or such of them as he goes to, in the order designated by the policy. If she does not than there is a deviation. 47(2) Where policy is to ports of discharge within a given area which are not named the ship must in the absence of any usage or sufficient cause to the contrary proceed to them, or such of them as she goes to, in their geographical order. If she does not there is a deviation. The section 48 deals with voyage policy. In case of a voyage policy, the adventure insured must be …………. Throughout its course with reasonable dispatch and if without lawful excuse it is not

so prosecuted, the insuler is not discharged from liability from the time when the delay becomes reasonable. Section 49(1) Deviation or delay in prosecuting the voyage contemplated by the policy is excused. a) Where authorized by any special term in policy b) Where caused by the circumstances beyond the control of the master and his employer c) Where reasonable necessary in order to comply with an express or implied warranty. d) Where reasonably necessary for the safety of the ship or subject matter insured e) For the purpose of saving human life, or aiding a ship in distress where human life may be in danger f) Where reasonably necessary for the purpose of obtaining medical or surgical aid for any person on board the ship Section 49(2) When the cause excusing the deveator or delay ceases to operate, the ship must resume her course and prosecute her voyage with reasonable dispatch. 49. How many types of warranties are there in Marine Insurance? Give an example of each type with reference to a hull and machinery policy of insurance [Express, Disbursement, Seaworthiness, warranty of Legality] Ans) Warranty is the term used in formatting the WARRANTY: - A warranty is a promise by the insured that a specified state or condition will continue to exist for the duration of the policy. [A breach of warranty makes policy void from time of breach (Notes)]. A breach would entitle the insured (others) party to claim damages from the party breaching the warranty and the contract remains in force. Warranty may be 1) Express Warranty 2) Implied Warranty 1) Express Warranty: - Specifically it is written into the policy or contained in some document (e.g. institute warranties). An expressed warranty does not override an implied warranty unless the two conflict. 2) Implied Warranty: - [Understood, seaworthy and Legality if all activities are done into a legal way then it is covered by warranty]. These warranties are not written in the policy but implied by law to exist in the contract. They must be strictly complied with in the same way as express warranties. These are two major implied warranties in marine insurance policies covering seaworthiness and legality. A) SEAWORTHINESS: Under the M/A 1963 ship should be seaworthy at the commencement of voyage for the purpose of the particular voyage insured. Thus a ship is deemed to be seaworthy when reasonably fit in all respects to encounter the ordinary perils of the seas of the Adventure insured where ship is sent to sea unseaworthy with assured knowledge the insurer is not liable for any

loss if the ship sent to sea unseaworthy condition with the knowledge of the owners senior management knowledge would include both express, clear knowledge (e.g. after defects have been reported in writing by Master or Surveyor) and deliberately turning a blind eye cover would only be lost where the known unseaworthiness had caused the loss. B) LEGALITY: There is an implied warranty that the adventure insured is lawful and that so far as the assured can control it, the adventure will be carried out in a lawful manners. If the adventure is illegal at the time the insurance is affected, the policy will be void. Thus drug running or gun-running trips or voyages to countries or ports subject to a Govt. embargo, would be deemed unlawful. 67. A second hand single hull VLCC built in 1990 is to be acquired by your Company. The vessel is to be registered under Indian flag As Chief Engineer / Owner representative, what aspects you would look for, with respect to: (a)SOLAS 74 (b) MARPOL 73/78 [CAS 13G] (c) Crew accommodation (d) Machinery/ boilers (e) Previous survey report Ans. (1) SOLAS 74:- w.r.t. to Solas 74 is will look in IGS requirement is ≤ 8% in tank ≤ 5% in scrubbers Check all IGS Trips and Alarm’s Alarms 1) Oxy high / 100 alarm 2) Scrubber water high / low 3) Deck seal water low. Flue gas vv / 500t blowing interlock. Single hull construction CBT, SBT, SBT – PL (Protective Location) I will check that Ballast P/P is of sufficient capacity. I will check whether motor drive for Ballast P/P is steam or electric. MARPOL 73/78:- Annex – 1 Reg. 9 deal’s with discharge criteria. Annex – 1 Reg. 9 (a) – for tanker cargo important thing is instantaneous rate of discharge 30µ / NM. Annex – 1 Reg 9 (b) – all ship’s 15 PPM machinery space bilges for operation of OWS in special area 15 PPM (it) should have “ stopping derive & Alarm. Calibration of 15 PPM equipment should be every 2 years. (Oil content monitor) every 2 years calibrate. I will check that sufficient filters spare are available for OWS. Reg 13 G Since it is a single hull tanker it is allowed to operate as double hull tanker for 25 years and comply with Regulation 13G. As per this I will check carried out and also survey DOCUMENT FILE is on board. The survey document file contains a) Plan for enhance survey b) Access and lighting arrangement during survey c) Area for which close up survey should be carried out close up survey is (it arm’s length). d) Thickness measurement. e) Ships inspection report of cargo comportments and Ballast tanks Regulation 26 – Check SOPEP is on board,

Regulation 20 – Oil Record book (Old Record to keep on board till 3 years). SOPEP MUST be stamped and approved by Govt of India, DGS surveyor. CREW ACCOMODATION:- the Indian Govt has regulations in Merchant Shipping Act because India complies with ILO Convention No. 55 which gives details of accommodation of crew, each cabin should be marked as fit for seamen etc. and should comply with the requirements of size cabin sanitary arrangements etc. In addition recreation facilities, mess room and washing and drying facilities are required which I will check whether are satisfactory as per Merchant Shipping Act. MACH / BOILER:- Boiler should have enough capacity of steam production capacity so as to meet the needs a) COPS TURBINES b) CARO HEATING SYSTEM c) PRODUCTION OF INERT GAS d) On many tankers the deck machinery was also sean (driven specially on old ships) Boiler combustion control are proper 15 – 20% excess air are supplied in boiler. Steering gear of such ship (VLCC) must be fitted with a safematic system so that in case of Hyd fluid leakage, the pair of rams will automatically be connected & disconnected to retain control required for tanker above 70000 DWT. All certificates to be issued by Govt. of India will be checked as issued by Govt of India DGS. EX – IOPP SAFCON SEQ ILLC However certificate of class may continue enforced if classification society is not changed. Therefore continuous Survey of Machinery Record quarterly listing record, will check. The enhance survey should have been conducted for this ship as per Reg. 13G MARPOL Annex – 1 and therefore such certificate and survey document fill will be rechecked. Que: Emphasize the validity of the statement that “Classification Societies are Recognized Institutions”. In your view if the statement carries some limitation highlight them with reasons. List the statutory service undertaken by a classification body on behalf of Administration.

Classification societies are organisations that establish and apply technical standards in relation to the design, construction, and survey of marine related facilities including ships and off shore structures. The vast majority of ships are built and surveyed as per standards laid down by classification societies. These standards are issued by classification societies as published rules. A vessel that has been designed and built to the appropriate rules of a society may apply for a certificate of classification from that society. Such certificate is an attestation that a vessel is in compliance with the standards that have been developed and published by the society issuing the classification certificate. In UNCLOS convention of IMO responsibilities of flag state granting the registration of a ship are outlined. Under article 94, the flag state must “effectively

exercise it’s jurisdiction and control in administrative technical and social matters over ships flying it’s flag........” many flag state countries in the world don’t have sufficient expertise, experience and technical manpower to carry out the responsibilities of flag state nation regarding maintaining the standards of ships flying their flag so SOLAS and other international conventions permit the flag Administration to delegate the inspection and survey of ships to “Recognised Organisation”.

Requirements for Recognised organisation are as follows: 1) R. O. must have established rules for design, construction and maintenance of a ship. 2) Government representation is necessary Classification society organisation structure must include a representative from flag state nation placed at higher level in organisational hierarchy. 3) R. O. should have adequate resources financial / personal. 4) Society must have internal audit equivalent to ISO 9001-2000 5) Society must present itself to external audits by auditing body approved by flag state govt. So classification societies fulfilling above criteria’s will be given status of recognised organisation by flag state to do duties on their behalf. Limitations to the role of classification societies as R. O.: 1) Though many flag status delegate their authority of surveys and certification to classification societies, flag state may not delegate all it’s authority to class what all authorities are to be given to class will be clearly mentioned in the agreement between flag state and class. In some cases for e.g. class may undertake the survey of vessels under certain convention i.e. SOLAS (surveys for safety construction, safety radio and safety equipment) but class is not authorised to give certificates to vessels under that convention. But under other conventions like MARPOL, L.L. or Tonnage class can give certificate as well as carry out surveys also. This will be mentioned in the agreement between flag state and class. 2) Certain flag states e.g. India require that any statutory deficiency observed by class surveyor during the survey of a vessel must be reported o flag state and it’s permission taken for issuing ‘outstanding recommendation’ to the vessel for allowing the vessel to sail. Vessel will be given certain period of time within that she has to fix that problem. 3) Many flag states don’t allow class to carryout ISPS survey. As these are country specific (port facilities are also involved in ISPS survey) And due to security reasons flag state prefer to carry out ISPS survey reasons flag state prefer to carry out ISPS survey themselves instead of delegating it to class. Apart from statutory surveys, what all other surveys can be undertaken by a classification body for a ship? What are the limitations for the society in these cases? Enlist them and emphasize how these cases are taken care of.

Classification society is neutral third party survey organization under taking ship survey in support of insurers. The societies are the primary means by which the shipping industry regulates itself and verifies the maintenance of ship safety. Classification society establishes and applies technical requirements for the design, construction and survey of marine related facilities. The requirements are published as classification rules. SOLAS and other International conventions permit the flag administration to delegate inspection and survey of ships to classification society. Thus a classification society becomes a recognized organization by the flag state. When issuing or endorsing statutory certificate on behalf of the flag administration verify that the condition of ship confirms with relevant rules and regulations of the flag state (i.e.) it performs a Governmental function). However, it needs to be clearly understood that the primary objective of a classification society is to undertake ship survey in accordance with the class rules. Maintenance of class depends on the program of periodical Hull and machinery surveys, being carried out within stipulated periods. Survey programmes comprise of special, annual and intermediate surveys. Classification societies however, are private entities and class surveyors are not a substitute for governmental officials who have enforcement powers. 1.

Special Surveys: Special surveys of hull and machinery are carried out at 5 yearly intervals in order to establish the condition of hull structure / machinery respectively, to confirm that the same is in accordance with the class requirements. Special surveys are intended to detect possible damages and establish that extent of any deterioration following satisfactory completion of special surveys; a new certificate of class is issued by the society.

2.

Annual Survey: Must be carried-out 3 months before or after each anniversary date of completion, commissioning or special survey in order to confirm that the general condition of the vessel is maintained at a satisfactory level. Following satisfactory completion of annual survey, the certificate of class is endorsed by the class surveyor.

3.

Intermediate surveys: are carried out on all ships, instead of either second or third annual survey.

4.

Docking Surveys: Docking surveys are carried-out by arrangement with owners ships under 15 years old must be examined in dry dock twice in any 5 year period, not more than 3 years may elapse between docking ships with 15 or more years old, must be examined in dry dock at 2 yearly intervals with extension to 2 1/2 years, when suitable high resistance paint is applied to the underwater portion of the hull.

5.

Continuous Surveys: Continuous surveys of hull are permitted on all ships other than bulk carriers, combination carriers and oil tankers, which are now subjected to enhanced surveys. All hull compartments are to be opened up for survey and testing in rotation with 5 years interval between examinations of each part.

6.

Continuous survey of machinery: are carried-out every 5 years, with parallel arrangement as for the hull.

7.

C/E's examination of Machinery: May be made where the society agrees to some items of machinery being examined by the Chief Engineer at ports where the society is not represented or where practicable at sea. A limited confirmatory survey is carried out at the next port where the society surveyor is available. Where an approved planned maintenance system operates. Confirmatory surveys may be held at annual intervals.

8.

In-water surveys: May be accepted in line of one of the two docking surveys required every the information, normally obtained from docking surveys. The beam must be greater than 30m (or as agreed) and a suitable high resistance paint must have been applied to the under water portion of the hull.

9.

I. G. System Survey: Annual survey. In addition, on ship to which IGS notation has been assigned, a special survey of the IG plant must be carried out every 5 years. LIMITATIONS OF CLASSIFICATION SOCIETY While the authority to carry-out statutory surveys and inspections on behalf of flag administration may be delegated to the RO, the powers of enforcement of R.O. are limited when required repairs or corrective actions are not carried out or a survey is not passed satisfactorily, R.O.'s do not have the powers need to detain the ship. At the most R.O. can withdraw the statutory certificates or declare them invalid, and notify the ships flag state and the port state where vessel happens to be located for further action. Also, classification societies are not guarantors of safety of life at sea or the seaworthiness of vessel because classification society has no control over how a vessel is operated and maintained in between the periodic surveys which it conducts. Therefore, responsible ship owners employ highly qualified superintendents, carry out vessels maintenance on a regular basis and ensure that their ships undergo all class surveys and retain class.

1.

(a) Define the meaning of the term "Conditions of Assignment" as applied to ships for Load Line Survey. (b) State how conditions of assignment contribute towards water tight integrity of ships (c) Give reasons why conditions of assignment need periodic inspection, giving specific instances where they can be found to be less than fully effective.

94(a) INTERNATIONAL CONVENTION ON LOAD LINES, 1966, or PROTOCOL OF 1988 RELATING TO THE INTERNATIONAL CONVENTION ON LOAD LINE, 1966

RECORD OF CONDITIONS OF ASSIGNMENT TERMINOLOGY “CONDITIONS OF ASSIGNMENT “REFER TO INTERNATIONAL LOAD LINE CONVENTION.

“Conditions of Assignments” deal with following in order to determine the load lines. Master of the ship must be provided with information on conditions implemented on their ships. It is imperative that the items coming under each heads below are maintained as described. It is only when the conditions are met that the assumptions considered for maximum inclination hold true. Unfortunately poor maintenance of these items, however trivial they may appear can be catastrophic and lead to uncontrolled flooding REG – 10 _- REG 26 1. LOADING INFORMATION (Reg. 10(1)) 2. SUPERSTRUCTURE END BULKHEADS (Reg. 11) 2. OPENINGS IN FREEBOARD AND SUPERSTRUCTURE DECKS (Regs. 12, 17 & 18) 3. DOORWAYS IN SUPERSTRUCTURES, EXPOSED MACHINERY CASINGS AND DECKHOUSES PROTECTING. 4. OPENINGS IN FREEBOARD AND SUPERSTRUCTURE DECKS. 5. HATCHWAYS AT POSITION 1 AND 2 CLOSED BY PORTABLE COVERS AND SECURED WEATHERTIGHT BY TARPAULINS AND BATTENING DEVICES (Reg. 15) 6. VENTILATORS ON FREEBOARD AND SUPERSTRUCTURE DECKS (POSITION 1 AND 2) (Reg. 19). 7. AIR PIPES ON FREEBOARD AND SUPERSTRUCTURE DECKS (Reg. 20) 8. CARGO PORT AND OTHER SIMILAR OPENINGS (Reg. 21) 9. SCUPPERS, INLETS AND DISCHARGES (Reg.22) 10. SIDE SCUTTLES (Reg. 23) 11. FREEING PORTS (Reg. 24)

13. TIMBER DECK CARGO FITTINGS (Reg. 44)

2.

Name various Statutory Certificates and Documents to be carried on board ships giving reference to the IMO Conventions. Apart from these, what other Statutory Certificates are required to be carried in vessels carrying (a). Dangerous goods (b). Chemical cargoes (c). Gas Cargoes 2005 NG VI 63 State the relevant IMO Conventions / codes and significance of these certificates

LI-2 LI-10

12. PROTECTION OF THE CREW (Regs. 25 & 26)

List of certificates and documents required to be carried on board ships The Facilitation Committee, The Marine Environment Protection Committee, and the Maritime Safety Committee on 3rd July 2000 developed a list of certificates and documents required to be carried on board ships together with a brief description of the purpose of the certificates and other relevant documents. 1. All ships International Tonnage Certificate (1969) An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnage of which have been determined in accordance with the Convention. International Load Line Certificate An International Load Line Certificate shall be issued under the provisions of the International Convention on Load Lines, 1966, to every ship which has been surveyed and marked in accordance with the Convention or the Convention as modified by the 1988 LL Protocol, as appropriate. An International Load Line Exemption Certificate shall be issued to any ship to which an exemption has been granted under and in accordance with article 6 of the Load Line Convention or the Convention as modified by the 1988 LL Protocol, as appropriate. Intact stability booklet Every passenger ship regardless of size and every cargo ship of 24 metres and over shall be inclined on completion and the elements of their stability determined. The master shall be supplied with a Stability Booklet containing such information as is necessary to enable him, by rapid and simple procedures, to obtain accurate guidance as to the ship under varying conditions of loading. For bulk carriers, the information required in a bulk carrier booklet may be contained in the stability booklet. Damage control booklets On passenger and cargo ships, there shall be permanently exhibited plans showing clearly for each deck and hold the boundaries of the watertight compartments, the openings therein with the means of closure and position of any controls thereof, and the arrangements for the correction of any list due to flooding. Booklets containing the aforementioned information shall be made available to the officers of the ship. Minimum safe manning document Every ship to which chapter I of the Convention applies shall be provided with an appropriate safe manning document or equivalent issued by the Administration as evidence of the minimum safe manning. Certificates for masters, officers or ratings Certificates for masters, officers or ratings shall be issued to those candidates who, to the satisfaction of the Administration, meet the requirements for service, age, medical fitness, training, qualifications and examinations in accordance with the provisions of the STCW Code annexed to the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. Formats of certificates are given in section AI/2 of the STCW Code. Certificates must be kept available in their original form on board the ships on which the holder is serving. International Oil Pollution Prevention Certificate International Oil Pollution Prevention Certificate shall be issued after survey in accordance with regulation 4 of Annex I of MARPOL 73/78, to any oil tanker of 150 gross tonnage and above and any other ship of 400 gross tonnage and above which are engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL 73/78. The certificate is supplemented with a Record of Construction and Equipment for Ships other than Oil Tankers (Form A) Record of Construction and Equipment

Reference Tonnage Convention, article 7 LL Convention, article 16; 1988 LL Protocol, article 18 LL Convention, article 6; 1988 LL Protocol, article 18 SOLAS 1974, regulations II-1/22 and II-1/25-8; 1988 LL Protocol, regulation 10

SOLAS 1974, regulations II-1/23, 23-1, 25-8

SOLAS 1974 (1989 amendments), regulation V/13(b) STCW 1978 (1995 amendments), article VI, regulation I/2, STCW Code, section A-I/2

MARPOL 73/78, Annex I, regulation 5

for Oil Tankers (Form B), as appropriate. Oil Record Book Every oil tanker of 150 gross tonnage and above and every ship of 400 gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book, Part I (Machinery space operations). Every oil tanker of 150 gross tonnage and above shall also be provided with an Oil Record Book, Part II (Cargo/ballast operations). Shipboard Oil Pollution Emergency Plan Every oil tanker of 150 gross tonnage and above and every ship other than an oil tanker of 400 gross tonnage and above shall carry on board a Shipboard Oil Pollution Emergency Plan approved by the Administration. Garbage Management Plan Every ship of 400 gross tonnage and above and every ship which is certified to carry 15 persons or more shall carry a garbage management plan which the crew shall follow. Garbage Record Book Every ship of 400 gross tonnage and above and every ship which is certified to carry 15 persons or more engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention and every fixed and floating platform engaged in exploration and exploitation of the sea-bed shall be provided with a Garbage Record Book. Cargo Securing Manual Cargo units, including containers, shall be loaded, stowed and secured throughout the voyage in accordance with the Cargo Securing Manual approved by the Administration. The Cargo Securing Manual is required on all types of ships engaged in the carriage of all cargoes other than solid and liquid bulk cargoes, which shall be drawn up to a standard at least equivalent to the guidelines developed by the Organization. Document of Compliance A document of compliance shall be issued to every company which complies with the requirements of the ISM Code. A copy of the document shall be kept on board. Safety Management Certificate A Safety Management Certificate shall be issued to every ship by the Administration or an organization recognized by the Administration. The Administration or an organization recognized by it shall, before issuing the Safety Management Certificate, verify that the company and its shipboard management operate in accordance with the approved safety management system. 2. In addition to the certificates listed in section 1 above, passenger ships shall carry: Passenger Ship Safety Certificate 1 A certificate called a Passenger Ship Safety Certificate shall be issued after inspection and survey to a passenger ship which complies with the requirements of chapters II-1, II-2, III and IV and any other relevant requirements of SOLAS 1974. A Record of Equipment for the Passenger Ships Safety Certificate (Form P) shall be permanently attached. Exemption Certificate 2 When an exemption is granted to a ship under and in accordance with the provisions of SOLAS 1974, a certificate called an Exemption Certificate shall be issued in addition to the certificates listed above. Special trade passenger ships A form of safety certificate for special trade passenger ships, issued under the provisions of the Special Trade Passenger Ships Agreement, 1971. Special Trade Passenger Ships Space Certificate issued under the provisions of the Protocol on Space Requirements for Special Trade Passenger Ships, 1973. Search and rescue co-operation plan Passenger ships to which chapter I of the Convention applies, trading on fixed routes, shall have on board a plan for cooperation with appropriate search and rescue services in event of an emergency.

MARPOL 73/78, Annex I, regulation 20 MARPOL 73/78, Annex I, regulation 26 MARPOL 73/78, Annex V, regulation 9 MARPOL 73/78, Annex V, regulation 9 SOLAS 1974, regulations VI/5, VII/6; MSC/Circ.745 SOLAS 1974, regulation IX/4; ISM Code, paragraph 13 SOLAS 1974, regulation IX/4; ISM Code, paragraph 13

SOLAS 1974, regulation I/12, as amended by the GMDSS amendments; 1988 SOLAS Protocol; regulation I/12 SOLAS 1974, regulation I/12; 1988 SOLAS Protocol, regulation I/12 STP Agreement, regulation 6 SSTP 73, rule 5 SOLAS 1974, (1995 Conference amendments), regulation V/15(c)

List of operational limitations Passenger ships to which chapter I of the Convention applies shall keep on board a list of all limitations on the operation of the ship, including exemptions from any of the SOLAS regulations, restrictions in operating areas, weather restrictions, sea state restrictions, restrictions in permissible loads, trim, speed and any other limitations, whether imposed by the Administration or established during the design or the building stages. Decision support system for masters In all passenger ships, a decision support system for emergency management shall be provided on the navigation bridge. 3. In addition to the certificates listed in section 1 above, cargo ships shall carry: Cargo Ship Safety Construction Certificate 3 A certificate called a Cargo Ship Safety Construction Certificate shall be issued after survey to a cargo ship of 500 gross tonnage and over which satisfies the requirements for cargo ships on survey, set out in regulation I/10 of SOLAS 1974, and complies with the applicable requirements of chapters II-1 and II-2, other than those relating to fireextinguishing appliances and fire control plans. Cargo Ship Safety Equipment Certificate 4 A certificate called a Cargo Ship Safety Equipment Certificate shall be issued after survey to a cargo ship of 500 gross tonnage and over which complies with the relevant requirements of chapters II-1 and II-2 and III and any other relevant requirements of SOLAS 1974. A Record of Equipment for the Cargo Ship Safety Equipment Certificate (Form E) shall be permanently. attached. Cargo Ship Safety Radio Certificate 5 A certificate called a Cargo Ship Safety Radio Certificate shall be issued after survey to cargo ship of 300 gross tonnage and over, fitted with a radio installation, including those used in life-saving appliances which complies with the requirements of chapters III and IV and any other relevant requirements of SOLAS 1974. A Record of Equipment for the Cargo Ship Safety Radio Certificate (Form R) shall be permanently attached. Cargo Ship Safety Certificate A certificate called a Cargo Ship Safety Certificate may be issued after survey to a cargo ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and other relevant requirements of SOLAS 1974 as modified by the 1988 SOLAS Protocol, as an alternative to the above cargo ship safety certificates. Exemption Certificate 6 When an exemption is granted to a ship under and in accordance with the provisions of SOLAS 1974, a certificate called an Exemption Certificate shall be issued in addition to the certificates listed above. Document of compliance with the special requirements for ships carrying dangerous goods An appropriate document as evidence of compliance with the construction and equipment requirements of that regulation. Dangerous goods manifest or stowage plan Each ship carrying dangerous goods shall have a special list or manifest setting forth, in accordance with the classification set out in regulation VII/2, the dangerous goods on board and the location thereof. A detailed stowage plan which identifies by class and sets out the location of all dangerous goods on board, may be used in place of such a special list or manifest. A copy of one of these documents shall be made available before departure to the person or organization designated by the port State authority. Document of authorization for the carriage of grain A document of authorization shall be issued for every ship loaded in accordance with the regulations of the International Code for the Safe Carriage of Grain in Bulk either by the Administration or an organization recognized by it or by a Contracting

SOLAS 1974, (1995 Conference amendments), regulation V/23

SOLAS 1974, regulation III/24-4 SOLAS 1974, regulation I/12, as amended by the GMDSS amendments; 1988 SOLAS Protocol, regulation I/12 SOLAS 1974, regulation I/12, as amended by GMDSS amendments; 1988 SOLAS Protocol, regulation I/12 SOLAS 1974, regulation I/12, as amended by the GMDSS amendments; 1988 SOLAS Protocol, regulation I/12 1988 SOLAS Protocol, regulation I/12

SOLAS 1974 regulation I/12; 1988 SOLAS Protocol, regulation I/12 SOLAS 1974, regulation II-2/54.3 SOLAS 1974, regulation VII/5(5); MARPOL 73/78 Annex III, regulation 4

SOLAS 1974, regulation VI/9; International Code for the Safe

Government on behalf of the Administration. The document shall accompany or be incorporated into the grain loading manual provided to enable the master to meet the stability requirements of the Code. Certificate of insurance or other financial security in respect of civil liability for oil pollution damage A certificate attesting that insurance or other financial security is in force shall be issued to each ship carrying more than 2,000 tons of oil in bulk as cargo. It shall be issued or certified by the appropriate authority of the State of the ship's registry after determining that the requirements of article VII, paragraph 1, of the CLC Convention have been complied with. Enhanced survey report file Bulk carriers and oil tankers shall have a survey report file and supporting documents complying with paragraphs 6.2 and 6.3 of annex A and annex B of resolution A.744(18) – Guidelines on the enhanced programme of inspections during surveys of bulk carriers and oil tankers. Record of oil discharge monitoring and control system for the last ballast voyage Subject to provisions of paragraphs (4), (5), (6) and (7) of regulation 15 of Annex I of MARPOL 73/78, every oil tanker of 150 gross tonnage and above shall be fitted with an oil discharge monitoring and control system approved by the Administration. The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. Bulk Carrier Booklet To enable the master to prevent excessive stress in the ship's structure, the ship loading and unloading of solid bulk cargoes shall be provided with a booklet referred to in SOLAS regulation VI/7.2. As an alternative to a separate booklet, the required information may be contained in the intact stability booklet.

4. In addition to the certificates listed in sections 1 and 3 above, where appropriate, any ship carrying noxious liquid chemical substances in bulk shall carry: International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS certificate) An international pollution prevention certificate for the carriage of noxious liquid substances in bulk (NLS certificate) shall be issued, after survey in accordance with the provisions of regulation 10 of Annex II of MARPOL 73/78, to any ship carrying noxious liquid substances in bulk and which is engaged in voyages to ports or terminals under the jurisdiction of other Parties to MARPOL 73/78. In respect of chemical tankers, the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk and the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, issued under the provisions of the Bulk Chemical Code and International Bulk Chemical Code, respectively, shall have the same force and receive the same recognition as the NLS certificate. Cargo record book Every ship to which Annex II of MARPOL 73/78 applies, shall be provided with a Cargo Record Book, whether as part of the ship's official log book or otherwise, in the form specified in appendix IV to the Annex. Procedures and Arrangements Manual (P & A Manual) Every ship certified to carry noxious liquid substances in bulk shall have on board a Procedures and Arrangements Manual approved by the Administration. Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances Every ship of 150 gross tonnage and above certified to carry noxious liquid

Carriage of Grain in Bulk, section 3 CLC 69, article VII

MARPOL 73/78, Annex I, regulation 13G; SOLAS 1974, regulation XI/2 MARPOL 73/78, Annex I, regulation 15(3)(a)

SOLAS 1974 (1996 amendments) regulation VI/7; the Code of Practice for the Safe Loading and Unloading of Bulk Carriers (BLU Code)

MARPOL 73/78, Annex II, regulations 12 and 12a

MARPOL 73/78, Annex II, regulation 9 Resolution MEPC.18(22), chapter 2; MARPOL 73/78, Annex II, regulations 5, 5A and 8 MARPOL 73/78, Annex II,

substances in bulk shall carry on board a shipboard marine pollution emergency plan for noxious liquid substances approved by the Administration. This requirement shall apply to all such ships not later than 1 January 2003. 5. In addition to the certificates listed in sections 1 and 3 above, where applicable, any chemical tanker shall carry: Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk A certificate called a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, the model form of which is set out in the appendix to the Bulk Chemical Code, should be issued after an initial or periodical survey to a chemical tanker engaged in international voyages which complies with the relevant requirements of the Code. Note:The Code is mandatory under Annex II of MARPOL 73/78 for chemical tankers constructed before 1 July 1986. OR International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk A certificate called an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, the model form of which is set out in the appendix to the International Bulk Chemical Code, should be issued after an initial or periodical survey to a chemical tanker engaged in international voyages which complies with the relevant requirements of the Code. Note: The Code is mandatory under both chapter VII of SOLAS 1974 and Annex II of MARPOL 73/78 for chemical tankers constructed on or after 1 July 1986. 6. In addition to the certificates listed in sections 1 and 3 above, where applicable, any gas carrier shall carry: Certificate of Fitness for the Carriage of Liquefied Gases in Bulk A certificate called a Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the model form of which is set out in the appendix to the Gas Carrier Code, should be issued after an initial or periodical survey to a gas carrier which complies with the relevant requirements of the Code. OR International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk A certificate called an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the model form of which is set out in the appendix to the International Gas Carrier Code, should be issued after an initial or periodical survey to a gas carrier which complies with the relevant requirements of the Code. Note: The Code is mandatory under chapter VII of SOLAS 1974 for gas carriers constructed on or after 1 July 1986. 7. In addition to the certificates listed in sections 1 and 3 above, where applicable, any high-speed craft shall carry: High-Speed Craft Safety Certificate A certificate called a High Speed Craft Safety Certificate be issued after completion of an initial or renewal survey to a craft which complies with the requirements of the High Speed Certificate (HSC) Code in its entirety. Permit to Operate High-Speed Craft A certificate called a Permit to Operate High Speed Craft should be issued to a craft which complies with the requirements set out in paragraphs 1.2.2 to 1.2.7 and 1.8 of the HSC Code. 8. In addition to the certificates listed in sections 1 and 3 above, where applicable, any ship carrying INF cargo shall carry: International Certificate of Fitness for the Carriage of INF Cargo 7 A ship carrying INF cargo shall comply with the requirements of the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code) in addition to any other applicable requirements of the SOLAS regulations and shall be surveyed and be provided with the International Certificate of Fitness for the Carriage of INF Cargo. Other certificates and documents which are not mandatory

regulation 16

BCH Code, section 1.6; BCH Code as modified by resolution MSC.18(58) section 1.6 IBC Code, section 1.5; IBC Code as modified by resolutions MSC.16(58) and MEPC.40(29), section 1.5

GC Code, section 1.6

IGC Code, section 1.5; IGC Code as modified by resolution MSC.17(58), section 1.5

SOLAS 1974, regulation X/3; HSC Code paragraph 1.8 HSC Code, paragraph 1.9

SOLAS 1974 (1999 amendments), regulation 16; INF Code (resolution MSC.88(71)), paragraph 1.3

Special purpose ships Special Purpose Ships Safety Certificate In addition to SOLAS certificates as specified in paragraph 7 of the Preamble of the Code of Safety for Special Purpose Ships, a Special Purpose Ship Safety Certificate should be issued after survey in accordance with the provisions of paragraph 1.6 of the Code for Special Purpose Ships. The duration and validity of the certificate should be governed by the respective provisions for cargo ships in SOLAS 1974. If a certificate is issued for a special purpose ship of less than 500 gross tonnage, this certificate should indicate to what extent relaxations in accordance with 1.2 were accepted. Offshore support vessels Certificate of Fitness for Offshore Support Vessels When carrying such cargoes, offshore support vessels should carry a Certificate of Fitness under the "Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels". If an offshore support vessel carries only noxious liquid substances, a suitably endorsed International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk may be issued instead of the above Certificate of Fitness. Diving systems Diving System Safety Certificate A certificate should be issued either by the Administration or any person or organization duly authorized by it after survey or inspection to a diving system which complies with the requirements of the Code of Safety for Diving Systems. In every case, the Administration should assume full responsibility for the certificate. Dynamically supported craft Dynamically Supported Craft Construction and Equipment Certificate To be issued after survey carried out in accordance with paragraph 1.5.1(a) of the Code of Safety for Dynamically Supported Craft. Mobile offshore drilling units Mobile Offshore Drilling Unit Safety Certificate To be issued after survey carried out in accordance with the provisions of the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979, or, for units constructed on or after 1 May 1991, the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989. Noise levels Noise Survey Report A noise survey report should be made for each ship in accordance with the Code on Noise Levels on Board Ships.

A.534(13) as amended by MSC/Circ.739, SOLAS 1974 regulation I/12; 1988 SOLAS Protocol, regulation I/12 A.673(16); MARPOL 73/78, Annex II, regulation 13(4)

A.536(13), section 1.6

A.373(X), section 1.6 A.414(XI) section 1.6; A.649(16) section 1.6; A.649(16) as modified by resolution MSC.38(63), section 1.6 A.468(XII), section 4.3

Official log book 1. Front cover: Contains ship’s particulars, date and place of opening anf closing official log book 2. Record of seamen employed in the ship 3. Entries of birth and deaths, deceased seaman’s property, death inquiry 4. Record of musters, boat drills and fire drills, training of crew, inspection of life saving appliances and fire fighting equipment 5. Record of test drills and inspections of ship’s steering gear 6. Record of tests and inspection of pilot hoists 7. Record of inspection of crew accommodation 8. Record of inspections carried out in accordance with ILO convention no. 68 of 1946 of supplies of food and water provided for the crew 9. Load line, depth of loading 10. Dates of departure from and arrival at each port with draught of water and freeboard 11. Sailing short handed 12. Accidents, distress incidents, reasons for not going to assistance

13. Wage disputes, discharges of crew, crew left behind, property of crew left behind, illnesses and injuries 14. Code of conduct breaches by crew GMDSS log Oil Record Book Part 1 - Machinery space operations Following entries are required:  Ballasting or cleaning of fuel tanks  Discharging ballast or cleaning water from fuel oil tanks  Disposal of oily residues (sludge)  Discharging overboard bilge water which has accumulated in machinery spaces The chief engineer should obtain from the operator of the reception facilities, which include barges and tanker lorries, a receipt or certificate detailing the quantity of tank washings, dirty ballast, residues or oily mixtures transferred, together with the time and date of transfer. The receipt/certificate should be kept with Oil Record Book. Oil Record Book Part 2 - Cargo/ballast operations (Oil tankers)  Entries in this book are to be maintained by deck department. Cargo record books (Noxious liquid substance) Deck log book To be maintained by deck department Engine room log book Main engine movement books Data print outs Sounding book Garbage record book Incinerator record book Q 96A:(A) State the circumstances which may lead to suspension or withdrawl of class. (B) Explain the terms used by classification society i)Period of class ii)Anniversary date iii) Survey time window iv)memoranda v)Recommendations Ans: suspension and withdrawal of class The surveys are to be carried out in accordance with the relevant class requirements in order to confirm that the condition of the hull, machinery, equipment and appliances is in compliance with the applicable rules. The classification of a ship is based on the understanding that the ship is loaded, operated and maintained in a proper manner by competent and qualified crew or operating personnel. It is the owner's responsibility to ensure proper maintenance of the ship until the next survey required by the rules. It is the duty of the owner, or its representative, to inform the surveyor, on boarding the ship, of any events or circumstances affecting the class. Where the conditions for the maintenance of class are not complied with, class will be suspended, withdrawn or revised to a different notation, as deemed appropriate by the society when it becomes aware of the condition. The ship may lose its class either temporarily or permanently. In the former case it is referred to as “suspension” of class; in the latter case as “withdrawal” of class. In the case of surveys that are not carried out within the specified time frame, or if the vessel is operated in a manner that is outside its classification designation, the suspension may be automatic. Suspension of class The class may be suspended following a decision made by the society when one or more of the following occurs: • when a ship is not operated in compliance with the rule requirements, • when a ship proceeds to sea with less freeboard than that assigned, • when the owner fails to request a survey after having detected defects or damages affecting the class, • when repairs, alterations or conversions affecting the class are carried out without requesting the attendance of a surveyor. In addition, class is automatically suspended: • when the class renewal/special survey has not been completed by its due date or within the time granted in special circumstances for the completion of the survey, unless the ship is under attendance by the society’s surveyor(s) with a view to completion prior to resuming trading; • when the annual or intermediate surveys have not been completed by the end of the corresponding survey time windows.

Suspension of class with respect to the above cases will remain in effect until such time as the due surveys and any other survey deemed appropriate by the society have been completed. In addition to the circumstances for which automatic suspension may apply, the class of a ship will be subject to suspension procedures following a decision of the society: • when a recommendation/condition of class is not dealt with within the time limit specified, unless it is postponed before the due date by agreement with the society • when one or more other surveys are not held by their due dates - or the dates stipulated by the society also taking into account any extensions granted • when, due to the nature of reported defects, the society considers that a ship is not entitled to retain its class even on a temporary basis (pending necessary repairs or renewals, etc.) • in other circumstances where the owner fails to submit the ship to a survey in accordance with a special requirement. In all cases suspension will remain in effect until such time as matters are rectified and the class is reinstated or class is withdrawn. Depending on the society’s procedures, the suspensions of class which are not automatic may take effect either when they are decided by the society or from the date when the conditions for suspension occurred. However once the conditions for class suspension/withdrawal are met and before any decision by the society can be taken, either because the society is not aware of the circumstances (surveys dates, etc. are recorded but not systematically monitored) or because the decision is not yet taken, maintenance of class cannot generally be confirmed by the society during this period. Withdrawal of class The society will withdraw the class of a ship when: • requested by the owner, • the class has been suspended for more than six months, • the ship is reported as a constructive total loss and the owner does not give his intentions to repair the ship for reinstatement of class, • the ship is reported lost • the ship will not trade further as declared by its owner. Withdrawal of class takes effect from the date on which the circumstances causing such withdrawal occur or when it is decided. Notification of suspension or withdrawal When class is suspended or withdrawn, the society will at the same time: • inform the owner, flag Administration and underwriters (the latter at their request) • delete the ship from the Register of Ships • convey the information to appropriate databases Surveys – an overview of requirements and certification Definitions and procedures related to classification surveys Period of certificate of class The period of the certificate of class starts either from the date of initial classification, or from the credited date of the last class renewal/special survey, and expires at the due date assigned for the next class renewal/special survey. Note: The due date is the end of the time window for that survey. Anniversary date The anniversary date is the day and the month given in the certificate of class which corresponds to the expiry date of the certificate. Survey time window The survey time window is the fixed period during which the annual and intermediate surveys are to be carried out. Overdue surveys Each periodical survey is assigned a due date specified by the relevant rules by which it is to be completed. A survey becomes overdue when it has not been completed by its due date. For example: Anniversary date: 15th April The annual survey can be validly carried out from 16th January to 15th July. If not completed by 15th July, the annual survey becomes overdue and class will be suspended automatically. Recommendations/Conditions of Class

‘Recommendation’ and ‘Condition of Class’ are different terms used by IACS societies for the same thing and are those requirements imposed by the society which will affect the class if not complied with by the assigned due date. Memoranda Other information of assistance to the surveyor and owners may be recorded as ‘memoranda’ or a similar term. They may, for example, include notes concerning materials, barred engine speed ranges and other constructional information. A memorandum may also define a structural condition which, though deviating from the technical standard, does not affect the class (e.g. slight indents in the shell, which do not have an effect upon the overall strength of the hull, or minor deficiencies, which do not affect the operational safety of the machinery). In addition, memoranda could define recurring survey requirements, such as annual survey of specified spaces, or retrofit requirements, which have the de-facto effect of conditions of class. Specific questions in relation to the meaning of memoranda / recommendations / conditions of class are to be addressed to the classification society concerned though the owner of the ship.

74. What are the primary strategies for coping with stress affected personnel? How these elements can be best implemented in ships personnel motivating them, for better teamwork? Ans) Now-a-days it is major problem regarding stress. Everyone is stress affected to some extents (with stress stages). In Shipping people work in isolation as man is a social animal so it leads to dissatisfaction and unnecessary stress. Companies often employ multinational crew, which create an interpersonal conflict and it also leads to stress. As man power is also less on board so if any thing goes wrong then manpower is not sufficient to deal with the problem. This is the main reasons leading to stress which could either be physical or psychological. Coping the stress: - There are some strategies to managing stress: 1) Effective coping strategies 2) Ineffective coping strategies: Research has shown that social and emotional cop with stress. Person maintaining close interpersonal relations with friends and family are able to use more appropriate strategies to cop with the stress social support includes material support (providing resources) and emotional support (listening to person and encouraging him/her) studies have shown that when one does not want support, if given it may prove negative consequences. Approaches or effective strategies of coping stress includes:1) Efforts to increase physical and mental preparedness for coping by (a) Physical exercising (b) Yoga (c) meditation (d) diet management 2) Creative diversions for emotional enrichment (a) Music (b) Art (c) Theatre etc. 3) Strategies of dealing with basic problem causing stress + Collaborative work strategies to overcome stress application (i.e.,) how to overcome pain/ grief etc. which has been caused by stress    

Take a hard cook at yourself Determine from where stress originated Initially examine your own contribution to stress experienced by others around you. Stay alert:- To thing other than you job

   

Takes risks Avoid isolation withdrawing from task Keep communication with colleagues, friends and family Update knowledge and skills to take the challenges brought by changing technological environment Besides the above mentioned strategies to overcome stress, all persons should progress stress safety valve. It serves almost two important functions. 1) Enable one to escape the direct pressure of work load. 2) Counteract the biochemical and psychological changes that occur when mobilized to deal with stress Few safety valvues are suggested below:     

Changing gears:- Shifting from one work to another Exercise Pampering yourself Get involved Warm up slowly Cut back on excessive work hours

Now-a-days, rules/regulations by ILO (International Labour Organization) IMO, WHO etc also helping to overcome stress. For example: In ILO there are lots of convention line (a) Working hours (minimum) and rest (b) Accommodation with facilities (c) Responsibilities for each person companies are also helpful to overcome stress i) With telephone/email facility (one can talk to home/friends/relatives) so good communication is helpful (in all levels) ii) Training of ship personnel iii) Developing good plans for safe operation of ship iv) Checklists for safe working v) Providing gymnasium (sport, exercising etc) welfare club (movies, magazines, newspapers etc) vi) Privileges to go ashore (boat services or other assistance etc) so it can be said that if a person is provided support (financially guidance, understanding and looking after etc) then stress levels can be reduced to some extent. Motivation theory: This theory can be applied to such persons (stressed) to change them by using: 1) Loyalty: creating greater trust, better communication and sharing problems. The sense of belonging will motivate the person to work for a team 2) Understanding needs/grievances with respect to money/wages/appraisal/promotion, special recognition for good work by seeking to clear a more transparent atmosphere, so that no ambiguities remain.

3) Rewarding performance which will motivate the performances to work harder and create an environment of “willingness to improve” 4) E40 is he key factor of motivation Praise raises their self esteem and encourages them to work 5) Making responsible: Assigning responsibility for doing a particular job makes a person feel important 6) Encourage interaction 7) Genuine empathy: Understanding the person will improve relationships and hence the performance of every individuals in the team. 8) Providing rest when no requirement for work 9) Making proper plans/guideline for doing a task and also providing necessary resources 10)To share the work load As per “Maslow” theory : Maslow he one of the best framework by which one can understand employees, needs and use the motivation theory to help the individuals satisfy needs while helping the person to satisfy its own need Que: Socio-cultural differences have been an accepted fact in major merchant ships around the globe. Explain how such differences generate inter personnel conflict and affect safety management. How can they be resolved on board for better team work? Ans: Most of the merchant ships trade internationally all over the world. Many companies today employ multinational crew on board. People from different countries not only have different cultures but have different beliefs values and attitudes. This kind of backgrounds can lead to differences in opinions / perceptions which may create problems on board ships. While satisfying organizational needs, a person in addition will try to satisfy his own individual needs. As a result of this individuals join together knowingly or unknowingly to form groups and social systems. Being a social animal, he has to interact with other fellow working men. Hence there are chances of interpersonal conflict. Attitude and behavior makes a person liked or disliked among others in a group. This results in the formation of groups with like minded people. Wherever there are groups, there are different arms and goals. Hence chances of conflict. In an organization conflicts can be due to 

Unnaturally competitive environment



Differences in values, goals, attitudes expectations



Stereotyped behavior stubbornness unfair decisions or wrong judgement due to some prejudices.



Someone taking under advantage and not sharing in team work.



Misunderstanding lack of understanding or communication



Ego.

Conflicts may be actual or even threatened with the misuse of force, which proves hindrance in any continuing social or working relationship interpersonal conflicts creates an unhealthy atmosphere on board. It not only affects the efficient running /operation of the vessel but could also become a safety hazard. Strategies for Interpersonal conflicts resolution There is lot of theories about interpersonal conflict resolution. A few of them are: i)

Lose - Lose: wherein both parties lose This could be achieved by a)

Compromise

b)

Pay off one of the party

c)

Arbitration or the use of outside party

d)

Resort to bureaucratic rules.

ii)

Win - Lose: wherein one party attempts to marshal its forces to win and the other party losses.

iii)

Win - Win: This is the most desirable strategy of conflict resolution from a human and organizational stand point. Energies and creativity are aimed at solving the problem rather than defeating the other party. The needs of both parties in the conflict situation are met and both parties receive rewarding outcomes. Win-win decision strategies are associated with better judgments, favorable organizational experience and more favorable bargains.

Interpersonal conflict can be resolved by taking into consideration the nature of differences. Amicable solution could be found where acceptance of differences can be agreed upon. Interpersonal conflict can be resolved by developing a co-operative relationship based on job related performance rather than on communal / racial basis. To avoid interpersonal conflicts or to minimize 

A biased approach should be avoided



A common language should be used for communication to minimize misunderstanding.



Individual must be respected for his skill / effort.



Everybody should be made to realize that a team effort is required for efficient running of the ship.



Instructions / Directives should be clearly explained to all.

99.State the elements of strategies needed for improving performance from a team member of engine room personal looked upon as an organization. Underline the steps taken to reduce mutual conflict and clarify their role responsibility. Ans.: The elements of strategies needed in a good manager / chief engineers are Inspires a Shared Vision, Good Communicator, Integrity, Enthusiasm, Empathy, Competence, Ability to Delegate Tasks, Cool Under Pressure, Team Building Skills, Problem Solving Skills, EARNED VALUE MANAGEMENT Inspires a Shared Vision An effective manager / chief engineer is often described as having a vision of where to go and the ability to articulate it. Visionaries thrive on change and being able to draw new boundaries. A U.S. Senator once said that a leader is someone who “lifts us up, gives us a reason for being and gives the vision and spirit to change.” Visionary leaders enable people to feel they have a real stake in the project. They empower them to experience the vision on their own. According to Bennis “They offer people opportunities to create their own vision, to explore what the vision will mean to their jobs and lives, and to envision their future as part of the vision for the organization.” Good Communicator The ability to communicate with people at all levels is almost always named as the second most important skill by managers and team members. Leadership calls for clear communication about goals, responsibility, performance, expectations and feedback. There is a great deal of value placed on openness and directness. The manager / chief engineer is also the team’s link to the larger organization. The leader must have the ability to effectively negotiate and use persuasion when necessary to ensure the success of the team. Through effective communication, manager / chief engineer support individual and team achievements by creating explicit guidelines for accomplishing results and for the career advancement of team members. Integrity One of the most important things a manager / chief engineer must remember is that their actions, and not words, set the modus operandi for the team. Good leadership demands commitment to, and demonstration of ethical practices. Creating standards for ethical behavior for oneself and living by these standards, as well as rewarding those who exemplify these practices, are responsibilities of manager / chief engineer. Leadership motivated by self-interest does not serve the well being of the team. Leadership based on integrity represents nothing less than a set of values others share, behavior consistent with values, and dedication to honesty with self and team members. In other words the leader “walks the talk” and in the process earns trust. Enthusiasm

Plain and simple, we don’t like leaders who are negative-they bring us down. We want leaders with enthusiasm, with a bounce in their step, with a can-do attitude. We want to be believed that we are part of an invigorating journey-we want to feel alive. We tend to follow people with a can-do attitude, not those that give us 200 reasons why something can’t be done. Enthusiastic leaders are committed to their goals and express this commitment through optimism. Leadership emerges as someone expresses such confident commitment to a project that others want to share his or her optimistic expectations. Enthusiasm is contagious and effective leaders know it. Empathy What is the difference between empathy and sympathy? Although the words are similar they are, in fact, mutually exclusive. According to Norman Paul, in sympathy the subject is principally absorbed in his or her own feelings as they are projected into the object and has little concern for the reality and validity of the object’s special experience. Empathy, on the other hand, presupposes the existence of the object as a separate individual, entitled to his or her own feelings, ideas and emotional history (Paul 1970). As one student so eloquently put it “it’s nice when a manager / chief engineer acknowledges that we all have a life outside of work”. Competence Simply put, to enlist in another’s cause, we must believe that that person knows what they are doing. Leadership competence does not however necessarily refer to the manager / chief engineer’s technical abilities in the core technology of the business. Having a winning track record is the surest way to be considered competent. Expertise in leadership skills is another dimension in competence. The ability to challenge, inspire, enable, model and encourage must be demonstrated if leaders are to be seen as capable and thus competent. Ability to Delegate Tasks Trust is an essential element in the relationship of a manager / chief engineer and their team. You demonstrate your trust in others through your actions. How much you check and control their work, how much you delegate and how much you allow people to participate. Individuals who are unable to trust other people often fail as leaders and forever remain little more than micro-managers, or end up doing all of the work themselves. As one management student put it “a good leader is a little lazy.” An interesting perspective! Cool Under Pressure A leader with a hardy attitude will take problems in stride. When a leader encounters a stressful event, they consider it interesting, they feel they can influence the outcome and they see it as an opportunity. “Out of the uncertainty and chaos of change, leaders

rise up and articulate a new image of the future that pulls the project together” (Bennis 1997). And remember, “never let them see you sweat”. Team Building Skills A team builder can best be defined as “a strong person who provides the substance that holds the team together in common purpose toward the right objective”. In order for a team to progress from a group of strangers to a single cohesive unit, the leader must understand the process and dynamics required for this transformation. He or she must also know the appropriate leadership style to use during each stage of team development. The leader must also have an understanding of the different team players styles and how to capitalize on each at the proper time, for the problem at hand. Problem Solving Skills Although an effective leader is said to share problem solving responsibilities with the team, we expect our manager / chief engineers to have excellent problem solving skills themselves. They have a “fresh, creative response to here-and-now opportunities”, and not too much concern with how others have performed then. EARNED VALUE MANAGEMENT Earned Value Management is a methodology used to measure and communicate the real physical progress of a project taking into account the work complete, the time taken and the costs incurred to complete that work. Earned Value helps evaluate and control project risk by measuring project progress in monetary terms. We spend time and materials in completing a task. If we are efficient we complete the task with time to spare and with minimum wasted materials. If we are inefficient we take longer and waste materials. We also plan how we will accomplish the task. How long it will take, the resources we need and the estimated costs. Following the above strategies and making each individual aware of these strategies can reduce mutual conflicts amongst staff. Also the individual should be motivated and make them realize the importance of their job for the ship. Teamwork should be explained to them as: Team building is a process of awareness building.

It’s helping people to understand that they are greater collectively than individually. It is an understanding that all of our decisions will be better when some degree of collaboration is applied. THERE IS NO “I” IN TEAM. 3.

With respect to engine room man management enlist the key issues you will address with proper justification in the following areas, (a) Training programs (b) Long term personnel development concept. (c) Attitude and motivation development. (d) Emergency response (e)Coping with stress 2005

Man is a social animal and to make work in isolation will lead to dissatisfaction and unnecessary stress. Many companies are trying hard to remove this dissatisfaction by implementing motivational techniques as below. i)

Loyalty : Gearing greater trust, better communication and sharing problems. The sense of belonging motivates the person to work for the team.

ii)

Understanding needs / grievances w.r.t. money / wages apparel / promotion, special recognition for good work by seeking to create a more transparent atmosphere, so that no ambiguities remain.

iii)

Rewarding performance, which will motivate the performer to work harder and create an environment of willingness to improve.

iv)

Justifiable praising as per performance, creates a feel good factor in the workers. Often a pat on the back works wonders. The motivated worker will work harder than one who is only doing it for money.

v)

Responsibility helps the person to participate willingly as responsibility imparts a sense of importance.

vi)

Encourage in action thereby facilitating team work.

1.

INCENTIVE PROGRAMME : Considering the motivational techniques, money can never be overlooked as motivation. Whether in form of wages, bonus incentives etc. An incentive program based on performances may be developed for the engine room and deck crew on quality basis. This is turn increases the effectiveness and performance level of the workers. Crew members may be rewarded for good work by either giving extra overtime, bows etc. Junior officers may work harder for the much sought after promotion, which in turn brings better wages. Thus incentive in any form increases the over all effectiveness of the crew.

2.

Long term personnel development concept : An individual is judged for his skill and job competence special skills and innovative jobs should be recognized and entered in his appraisal report, for further development without delay. By developing such a transparent atmosphere individual will have long term in personnel relation development.

3.

Human resources quality assurance : Shipping companies are very particular while recruiting personnel for deployment on their ships. The background of the person is known, and his qualification and last company records are checked. Their skills are tested before finally employing them. These techniques are really working and quality of personnel on board the ships is getting better day by day. An individual is also assessed and appraised on board ships. On board training helps to improve the individuals over all competence.

4.

Attitude and motivation development : Shipping companies are trying various theories to develop individual's attitude and motivation by applying techniques like positive reinforcement, behaviour modification, stress relief etc. It may be in manner of continuous employment in company and on rotation basis, so that the individual can plan his leave and come back on finishing his leave, for better prospect and need of money, self esteem, security etc. As a chief engineer, one should deploy techniques to identify and slowly change the behaviour of dissatisfied personnel. Due to the complexity of the world and increase in personal needs, competition is also increasing. One has to prove that he can fit into any organization. The attitude and motivation is also improving by the fear of losing job.

5.

Emergency response : Each and every person should be allotted his duties in case of different types of emergencies. All personnel should be educated about their duties and responsibilities. Frequent drills and energizes on board ships help the personnel to be familiar with the procedures and improves their response to any type of emergency situation. Also during drills the important of team work is emphasized which motivates people in acting faster and in an organized manner in any kind of emergency.

6.

Training Programs : The drills conducted on board should be as realistic as possible. The response of personnel is assessed and any need of training is considered. Training programs make people more confident in all aspects of their jobs and enhances their complements. Different techniques adopted for training may include videos, lifetimes, demonstrations, computer based training programs etc.

7.

COPING WITH STRESS : The personnel on board a ship are burned with the magnitude of work due to reduced crew strength on ships. This along with the fear of doing something wrongly, differences among various people and lack of sleep may lead to tremendous amount of stress in the personnel living a way from home for months together compounds this problem many folds. It is the duty of C/E to ensure that his staff do not get over stressed. This can be done by encouraging better in the personnel relations, praising persons for good jobs done, briefing them how to avoid mistakes and delegating work so that nobody is overburdened. In addition to all these, talking personally to people, engaging about their family and other personal matters sometimes helps in keeping the environment cool and thereby reducing the chance of over stressing.

1. Underline the general procedures followed for flow of information among ships personnel. Considering you being the Chief Engineer on a ship having multinational crew how the process of effective

information to the team can be approached by you and also how a certain instruction received by you from shore office for engine management can be best utilised? 2005, Nov 2006

128. With respect to engine room man management enlist the key issues you will address with proper justification in the following areas (i) incentive programmes (ii) Long term personnel development concept (iii) Human resources quality assurance (iv) attitude and motivation development (v) Emergency response. Ans. As a chief engineer, following issues will be addressed with an objective of safe, efficient & effective team management in consideration with relevant compliance with international regulations. (1) Incentive Programmes – Incentive programmes, especially safety incentive programmes have their intended effect: a reduction in the loss due to accidents. They also have positive side effects. For one thing, they are a profitable proposition in industry, as the savings usually exceed the costs. Incentive programmes can help improve the general organisational climate &, therefore, make a positive contribution to productivity over & above the gain due to accident reduction. Reinforcing safe acts removes the unwanted side effects with discipline & the use of penalties; it increases the employee’s job satisfaction; it enhances the relationship between the supervisor & employees. E.g. gift for reporting near-misses. This is one of the methods of motivation. This can be effective in the sense that people will work hard, thereby improving the performance of the team, due to either greed or some need. Many companies have framed an incentive program for the ships crew on a quarterly basis which is entirely based on their performance. Crew members are rewarded by either giving them extra overtime, bonuses etc. Junior officers may work that much harder when promotion is used as an incentive, which would also bring better wages. (2) Long term personal development concept – The success of any industry do not only depend on the technical qualification of existing & potential employees but also on the social competence, decision making qualities, team spirit, guidance qualities, ability to communicate etc. Senior management on board must observe the performance of the engine room personnel in due regard with the above mentioned criteria. Accordingly, crew must be advised to improve upon the area which they are lacking by providing them the respective assistance. Moreover, company must be informed for the specific training requirement of the concerned crew by Appraisal Report. In due course, resources invested in long term personnel development programme earns higher return by the service of the effective & efficient personnel involved. An individual is judged for his skill and special work in a particular field or an innovative job performed by him should be recognized & the same can be entered in his appraisal report for further deployment without delay & can be recommended for promotion. By developing such a transparent atmosphere, an individual will look at a long term personal development concept as beneficial to his own needs (3) Human Resource quality assurance: - Human resource quality refers to the competence of the personnel involved in any of the specific job on board. STCW

(adopted on 7th July 1978) was the first convention to establish mandatory minimum requirements on training, certification and watch-keeping for seafarers on an international level. In due respect to the code, companies has to assure that they employ the personnel in compliance with the code:Chapter 1 – deals with general provisions & includes mandatory medical standards, communication skills, simulator training, revalidation of certificates, companies’ responsibilities etc. Chapter 2 – gives mandatory minimum requirement for master & deck department officers/ratings. Chapter 3 – deals with engine department officers/ratings. Chapter 5 – deals with special training required for personnel on certain type of ships. Chapter 6 – deals with emergency, occupational safety, medical care & survival functions. Chapter 7 – deals with alternative certification. Several shipping companies are very particular while recruiting personnel for deployment in their ships. The background of the person is checked, his qualifications and last company records scrutinized as well as the reasons for leaving his last company. There are also some computer based test programs that are conducted to ascertain his knowledge & skill as also interviews conducted to check that he will fit into the new organization. These techniques are working and quality of personnel on board is substantially increasing. Also an individual is assessed based on his on board performance in the form of an appraisal report & mentioned whether any additional shore based training (value added courses) is required or not (4) Attitude & Motivation development: - It seems likely that people’s attitude all cohere, in other words they fit together without contradicting one another. They do not contradict one another, because they derive from underlying core system of values. This view of the internal consistency of attitudes seems to be supported by liberal-conservative factor. Shipping companies are trying various theories to develop an individual’s attitude and ways to motivate him to perform better. A person’s attitude is influenced by various factors such as his needs, his state of mind i.e. stresses levels, feeling of security, self esteem etc. The most important step before trying to develop an individual’s attitude & to motivate him is understanding. Only after understanding him & realizing his needs, aims etc. can one go about trying to improve his attitude & motivate him. The feeling of belonging / incentives, promotion & monetary wise / recognition of a job well done etc. go a long way in improving an individuals attitude & thereby also motivating him to give more to the team. For developing attitudes, it is essential to know following – Assuming that we can actually determine what people’s attitudes are in the first place, then it seems that attitudes work best as predictions of behaviour when:1) they are strong and consistent 2) they are based on and related to personal experience

3) they are specifically related to the behaviour being predicted. Common barriers in attitude change:1) they are likely to have arisen at an early age and are therefore virtually personality traits. 2) because each attitude is correlated with others in the whole scheme of attitudes & are therefore likely to be difficult to change piecemeal. Motivation Development:- Five factors stood out as strong determiners of job satisfaction –  Achievement  Recognition  Work itself  Responsibility  Advancement The last three factors were found to be most important for bringing about lasting changes of attitude. Recognition here refers to recognition for achievement as opposed to recognition in the human relations sense. The determinants of job dissatisfaction were found to be: Company policy  Administrative policies  Supervision  Salary  Interpersonal relations  Working conditions Motivation development, henceforth, must be issued keeping following twodimensional need structure :- 1) one need structure for the avoidance of unpleasantness, & 2) a parallel need system for personal growth Corrective Motivation is:Job enrichment: adding different tasks to a job to provide greater involvement and interaction with the task  Job loading: adding meaningful tasks that will lead to growth  Monetary incentives  Support style of leadership techniques (5) Emergency response: - By assigning every person on board a particular duty for different emergencies & also responsibilities, every individual will know exactly what to do in a given situation. Drills & pre & post drills briefing/debriefings also help the crew members understand what is expected of them & where they could improve. Drills should be made as realistic as possible & not made a routine that persons labour through. Different emergencies at different locations should be practiced so that crew members are exposed to as far as possible all the emergencies they may be faced with. By doing this the response of the crew members will be swift as they will know what is expected of them in any given emergency. 

Clause ‘8’ of ISM code deals with the ‘emergency preparedness’. As per this clause, company should have an integrated ship and shore contingency plan, which should comprise of the following— o Composition and duties of each person in various Procedure for mobilisation o Procedure to be followed in response to different types of accidents & hazardous occurrences. o Procedure for establishing & maintaining contact between ship & shore based management. o Availability of ships particulars, plans & stability information, safety & environmental protection equipment on board. o List of contact names & telecommunication details of all relevant parties, who may need to be informed & consulted. o Reporting methods for both ship & shore based management. o Procedure for notifying with next of kin of the persons on board. o Backup arrangement for company’s initial response in the event of a protected emergency o Procedure for issuing information bulletin to media & answering queries from media & public.

130. Detail the inspection that you as the new Chief Engineer of a passenger ship, would make on joining the ship with regard to (i) Stability (ii) Damage control (iii) Fire fighting (iv) Critical Machinery and equipment installed. Ans. As a New Chief Engineer on joining I will check w.r.t. to stability following 1) Stability:- I will check if chief officer has the book called Trim and Stability which give details of GM, GZ area under GZ curve and other parameter’s for different conditions. I will check whether the basic intact stability criterion for passenger ship is being complied with. I will double check that this important book is approved and endorsed by Director General of Shipping or DGS surveyor. a) Damage Stability for:- Damage Stability Passenger ship has to comply with Solas Chapter II – 1 for adequate stability in damaged condition from this I will know the nimbersand location of the transverse bulkhead’s which divide the hull. b) Damage Control:- A passenger ship must have a damage control plan and damage control booklet. These documents will contain boundaries of water tight compartment’s location of water tight doors, pumping out arrangement’s cross flooding arrangement’s etc. I will check that all the water tight door’s in water tight bulkhead’s are in good working order & check the controlling and indicating panel’s which will be found in central control station. In addition, I will also test the bilge alarm in EIR check that the Emergency bilge suction is looking good order.

Also I will confirm that the bilge pump (Emergency bilge PIP) require on passenger ship are in good working order. I will also ensure that damage control equipment for structure welding equipment Nut’s, bolt’s studs, canvas are available for stopping any leaks and carrying any damage repair. c) Fire Fighting:(a) Fire plan – I will study the fire plan, check the maintenance Register’s for which 3rd officer / 2nd Engineer may be responsible officer and no urgent fire fighting stores are outstand ting. I will personally inspect the CO2 room; the foam system fitted and inspect all the outlet’s to confirm that everything is in order. As per Solas Chapter II – 2 FSS – fire safety system & FTP – Fire Test Procedure are mandatory w.e.f. 1.7. 2002. I will ensure that Training Manual and Training booklet for fire are available in officer & crew mess room and that all people are well aware the content’s of these Manual. d) Critical Machinery:- As per safety management system required by ISM Code element ‘10’ maintenance, E/R should have a list of critical item’s of machinery and procedures for inspecting and maintaining such machineries such as. 1) Steering gear 2) Emergency comp 3) Emerges 4) Emerge Fire P/P 5) Breathing air comp 6) Anchor handling equipment 7) Cargo gear 8) Main & Aux machinery 9) All ISA / FFA items 10) SOPEP 11) Water fight door’s 12) Anti pollution comp. 13) Bilge / ballast pumping & separator system 14) Navigational equipment’s 15) Fire gas and heat detection system 16) I.G. System. 17) Communication equipment. Critical spare list 1) 2) 3) 4) 5) 6) 7)

At least one liner (spare) At least one spare (cylinder head complete) At least one lubricator Some mechanical seals Some fuel pump plunger’s Bilge alarm’s Calibration equipments for thermometer’s and Pr – gauges.

Maintenance routine as per Solas Chapter – III for fie fighting equipments and critical machinery is carried out.

What is the main objective of the SOLAS Convention 1974? Under the said Convention state the responsibility and control provisions of flag states / contracting Governments,

. (ADOPTED: 1-11-1974, IN FORCE: 25-5-1980) Main Objects: Of the convention is 1) To specify the minimum standards for the construction, equipment and operation of ships, and their reliability toward safety. 2) Flag states are responsible for ensuring that ships under their flag, comply with its requirements. 3) A no. of certificates are prescribed in the convention as a proof of compliance. 4) Control provisions allow contracting governments to inspect the ships of other contracting governments if there are clear grounds for believing that the ship and its equipment do not substantially comply with the requirements of the convention this procedure is known as PORT STATE control. RESPONSIBILITIES & CONTROL PROVISIONS Chapter 1: A general provision of the SOLAS 1974 convention includes provisions for the control of ships in ports of other contracting Governments. a) The contracting governments undertake to give effect to provisions of the present convention and the Annex there to, which shall continue an integral part of the present convention b) The contracting governments undertake to promulgate all laws, decreases, orders and regulations and to take all other steps which may be necessary to make the present convention effective, so as to ensure that the safety of seafarer’s on board is not impaired and the ship is fit for the service for which it is intended. CHAPTER OF SOLAS The current SOLAS convention articles setting out general obligations, amendments procedure and so on followed by an annexure divided into 12 chapters. CHAPTER General Provisions This Chapter includes regulations concerning the survey of the various types of ships and the issuing of the documents signifying that the ship meets the requirements of the convention. This chapter also includes the provisions for the control of the ship in the ports of the contracting governments. Chapter II - 1 Construction: subdivision and stability machinery and Electrical installations. The Subdivision of passenger ships into watertight compartments must be such that after assumed damage to the ships hull the vessel will remain afloat and stable. The degree of sub

division measured by the maximum permissible distance between two adjacent bulkhead varies with ships length and the service in which it is engaged the highest degree of subdivision apply to passenger ships. Requirements covering machinery and electrical installation are designed to ensure that the services which are essential for the safety of the ship are maintained under various emergency conditions. CHAPTER 2-II

Construction: Five protection, five detention and fire extinction

This chapter includes detailed five safety provisions for all ships and specific measures for passenger ships, cargo ships and tankers they include the following principle. 1) Division of ships into main and vertical zones by thermal and structural soundness. 2) Separation of the accommodation spaces from the reminder of the ship by thermal and structural boundary. 3) Restricted use of combustible materials 4) Detection of any five in the zone of origin. 5) Containment and extension of five in the space of origin. 6) Protection of the means of escape of excepts for fire fighting purpose 7) Ready stability of fire extinguishing appliances 8) Minimization of the possibility of ignition of flammable cargo vapor. CHAPTER - 3

Deal with the life saving appliances and arrangements for passenger and cargo ships

CHAPTER - 4

Deals with Radio communications provision of radio communication services, GMDSS and ship requirements

CHAPTER - 5

Deals with the safety of navigation which includes navigational warnings, life saving signals, ship reporting system ship meaning, carriage requirement for ship borne navigational systems.

CHAPTER - 6

Deals with carriage of cargoes which deal with special provision for bulk cargo other then given are carriage of grains.

CHAPTER - 7

Deal with the carriage of dangerous goods which includes carriage of delivery goods in packaged form, in solid form in bulk, covers construction of ships carrying dangerous liquids chemicals in bulk and construction of ship carrying liquefied gasses in bulk,

CHAPTER - 8

Nuclear ships: Give requirement for nuclear powered ships and is particularly concerned with reduction hazards.

CHAPTER - 9

Management for safe operation of ships. The chapter makes mandatory the international safety management (ISM) code, which requires a safety management system to be established by the ship owner or any person who how taken responsibility of managing the ship.

CHAPTER - 10

Safety measures for High speed craft

CHAPTER - II - I

Deals with special measured to enhance maritime safety which include enhanced surveys, ships ID number PSC operational requirement.

CHAPTER II - 2

Deals with special measures to enhance maritime security which includes 'ISPS' codes and responsibility of company, ship and port.

CHAPTER 12

Deals with additional safety measures for bulk carriers which include damage stability requirement applicable to bulk carriers & structured strength of Bulk carriers.

149. Highlight the following amendments to IMO Conventions and its effects in ship operation thereof. Mention their date of entry into force (a) CLC and Fund Convention (b) SOLAS-IMDG Code An older version of CLC convention was adopted by IMCO in 1969 and came into force on 196-75. An amendment was adopted in 1992 and entered into force on 30th May 1996. In October 2002 another amendment, giving the new limits for liability was adopted and entered into force on 1-11-2003. Objectives: 1. Ensure adequate compensation is available to persons who suffer from oil pollution by ships even if the owner is unable to pay the same. 2.

Adopt uniform international rules & produces to determine civil liability etc., for losses due to pollution of oil from ships. (Note: civil liability means responsibility to compensation etc. in money. It does not include criminal liability may be finalized by fines and / or imprisonment etc.)

3.

To encourage government and others to feel more confident in taking early and decisive action in containing / minimizing the adverse effects of oil pollution. Salient features of this convention: The owner of every tanker is liable for pollution damage caused by his tanker (even though he may have taken all possible care and precautions) unless the damage is caused by reasons external to (i.e., not connected with) the ownership and operation of the tanker) This strict liability is based on the principle "polluter may pay”. The owner of every tanker may limit his total liability in the following manner. For a ship not exceeding 500 gt liability is limited to 4.51 million SDR. For a ship 5000 to 140,000 gt liability is limited to 4.51 million SDR plus 631 SDR for each additional gross tonnage over 5000. For a ship over 140,000 gt liability is limited to 89.77 million SDR (1 SDR = 15 GF, 1 GF = 65.5 mg of Gold of 900 fineness). No claim can be made against the charter include Bare boat, master, pilot crew, salver or agent of the ship. After a pollution incident, if owner wishes to avail of the benefit of limitation as described above, he deposits a run equal to its maximum liability either with the court or with any other competent authority of the country.

If the owner incurs any expenses to prevent or minimize pollution damage, then such expenses are deductible from the amount deposited by the owner in the same ratio as other claims on the fund. The object of this provision is to encourage immediate measures by the owner to minimize / contain damage and be willing to spend money therefore. Every tanker of 2000 GT and above has to maintain an insurance or other financial security (such as a bank guarantor) to ensure that the tanker can meet her pollution damage liabilities to the extent indicated above. The flag state shall issue a certificate to each ship after she has complied with the above condition regarding financial security. The certificate must be carried on the ship and must show the name of the insurer etc., giving security in respect of the ship certificates by all countries that have ratified the convention. The liability insurer (P & I clubs) of the ship owner usually provides the proof of insurance policy / financial security. On the basis of this document the flag state issues the "certificate of civil liability of oil pollution damage" (CLC certificate) The certificate shall not be valid beyond the validity of the insurance policy. Any one who suffers loss due to oil pollution from a ship may she either the owner of the V/L or even the insurer who has issued the policy within three years of the loss. Ever if the owner goes into liquidation, the insurer continuous to be liable to those who may have suffered a loss. Fund Convention was first adopted in 1971. This was amended and renamed in 1992. Entered into force 30-5-96. Aim of this convention is to provide compensation for losses due to pollution where the security provided by the 1992 CLC convention is inadequate. Fund provides supplementary compensation to oil pollution disasters. The fund convention is an attempt to ensure that losses due to oil pollution damage are borne not only by the shipping industry, but in part also borne by the cargo interests. Salient features: 1. all persons / companies in any country importing more than 150,000 tons of oil in any year shall make contributions to the fund. This fund is managed as an independent entity under the overall supervision of al director who is appointed by and responsible to IMO. 2.

October 2000 amendments which entered into force in 1-11-2003 raised the max. amount of compensation to 203 million SDR as compared to 135 million SDR. However, if three states contribute to the fund receive more than 600 million tones of oil per annum, the maximum amount is raised to 300, 740,000 SDR. Effects of CLC and fund convention in ship operation:

1.

After the implementation of CLC convention every tanker of 2000 GT and above has to maintain an insurance or other financial security and obtain a certificate of CLC for oil pollution damage based on that.

2.

CLC convention fixed an upper limit to liability of ship owners in case of oil pollution from tankers so, ship owners were encouraged to invest in high risk venture like oil transportation.

3.

Both CLC & fund convention ensured adequate compensation is available to parties who suffer from oil pollution by ships even if the owner is located in a country for away from the scene of disaster or he may not have sufficient financial resources to meet all the claims.

4.

These conventions encourage government and others to take early and decisive action in containing or minimizing the adverse effects of oil pollution, because these conventions ensure adequate compensation. If owner incase any expenses to prevent of minimize pollution damage, then such expenses are deductible from his total liability. IMDG Code: The IMDG code was developed as a uniform international code for the transport of dangerous goods in packaged form by sea covering such matters pas packing, container traffic and stowage with particular reference to the segregation of in compatible substances. The IMDG code lays down basic principles; detailed recommendations for individual substances, materials and articles and a number recommendations for good operational practices including advice on terminology, packing, labeling, storage, segregation and handling and energy response action. The IMDG code was made mandatory from 1st Jan. 2004 by IMO, by adopting SOLAS chapter VII on 24 May 2002. This code applies to all ships carrying dangerous goods in packaged form. Provisions of this code do not apply to ships stores. Effects of IMDG code in ships operation.

1)

In documents relating to the carriage of dangerous goods, a proper shipping name of these goods shall be used.

2)

The transport document prepared by the shipper shall be included a signed declaration or certificate that the consignment is properly packaged mark, labeled and in proper condition for carriage.

3)

The person responsible for loading dangerous goods in a container shall provided a signed container packing certificate stating that cargo has been properly packed.

4)

Ship shall have a detailed storage plan which identify by class and sets out the location of all dangerous goods onboard.

5)

Administration shall issued detailed instruction on emergency response guide and medical first aid guide relevant to incidents involving dangerous goods.

State the action, which will be taken by the Administration / Classification society towards handling of an ISM certificate, in case; (i) When a major non-conformity is observed (ii) When corrective action has not been taken to the nonconformities raised during external audit, within the time period (iii) What circumstances may lead to withdrawal of SMC / DOC (iv) When a newly formed shipping company requests for interim DOC certificate?

ACTION TO BE TAKEN WHEN MAJOR NON CONFORMITY IS OBSERVED When a major non-conformity is observed by the administration society (R.O) it shall be reported to the company/Master of vessel in writing. The DOC/SMC will not be issued. Endorsed until all major non conformities are resolved. If a major NC is noticed reported same should be verified and if not resolved the administration/R.O (if authorized by administration o withdraw ISM certificate) should immediately notify the company, give a letter to the master ship stating that DOC/SMC is withdrawn from the date of signature of the letter and request that SMC/DOC to be surrendered. If it is done by R.O a copy of letter shall be immediately send by the most expedient means to the administration. Issuance or reinstatement of a DOC/SMC which have been withheld or withdrawn as the result of major nonconformities shall only occur after the R.O/administration confirms that major non-conformities were dealt with satisfactorily and effectiveness was verified by an additional audit. (ii) ACTON WHEN CORRECTIVE ACTION HAS NOT BEEN TAKEN TO NCs RAISED DURING EXTERNAL AUDIT If corrective action is not completed within the stipulate time, periodical verification is not asked for or any amendment to the ISM code not complied it becomes a major Non conformity and action is taken as dealing with a major non conformity. The ISM certificate may be withdrawn or will not be endorsed until the major MC is resolved i.e., all the corrective actions are completed. (iii) WITHDRAWAL OF DOC/SMC The following are the circumstances which may lead to withdrawal of ISM certificates DOC/SMC 1) When the corrective action has not been taken to the non conformity raised during external audit within the specified time period. 2) Absence of adequate manning as required by safe manning documents of the administration and international convention of STCW unless the master is in possession of a valid exemption from administration 3) Objectives evidence of violence of the M.S. Act or with the requirement of circulars (Notices issued by administration (D.G. Shipping) 4) Ship hull/machinery damage, wastage or malfunction as a consequence of persistence non-conformities in the SMS that would warrant a recommendation to withdraw a statutory certificate or suspension of the ship from class. 5) The total absence of a required SMS element or a group of non conformities within an element. (iv) WHEN A NEWLY FORMED SHIPPING COMPANY REQUEST FOR INTERIM DOC

An interim DOC may be issued to facilitate initial implementation of the ISM code. An interim DOC valid for not more than 12 months may be issued to a company after an interim DOC audit. In the interim DOC audit the verification is to be made to see that the company has plans to implement the safety management system meeting the full requirements of the ISM code within the period of validity of interim DOC.

Illustrate the provision kept towards establishing procedures to identify and testing of “critical” equipments under ISM Codes. How the list of critical equipment and systems are made and on what factors they are dependent. Ans) A new chapter management for the safe operation of ships was added to SOLAS and the amendments introducing the new chapter IX entered into force on 1st July 1998. The chapter made mandatory the International Safety Management Code which established the following objectives: (i) to provide for safe practices in ship operation and a safe working environment (ii) to establish safeguards against all identified risks (iii) to continuously improve safety management skills of personnel, including preparing for emergencies Critical Equipments: These are the equipments, whose failure can cause an accident or result in a hazardous situation, thereby causing injury to personnel or loss of life or damage to the marine environment or property. As per “Element 10” of the ISM code, “Maintenance of the ship and equipment”. It is the responsibility of the company to establish procedures in the Safety management System to identity such systems and/or equipments. The Safety management System must, with respect to critical technical system/equipments: (a) Have procedures to identify them (b) Have procedures to ensure their tests and functional reliability © Have procedures to establish and use alternative arrangements on sudden failure (d) Have procedures to test stand by equipment (e) Have procedure to ensure that ‘single failure does not cause of ‘Critical’ ship functions’ that could lead to accident (f) Have procedures to ensure that system/equipment inactive for some time is tested regularly and prior to conducting critical operations. As per ‘Element 7’ of the ‘ISM Code’ the company must establish procedures for the preparation of plans and instructions including checklists if any for key shipboard operations related to the safety of the ship and the prevention of pollution. Hence, in combination with ‘Element 10’ the following shipboard operations/items are subjected to inspection and test:

Securing water tight integrity Navigation safety, including corrections to charts and publications Oil transfer operations Maintenance operations related to (a) Hull and super structure steel work (b) Safety, fire-fighting, life saving equipment © Navigation equipment (d) Steering gear (e) Anchoring and mooring gear (f) Main engine and auxiliary engine (g) Pipelines and values (h) Cargo handling equipment (i) I.G. System (j) Electrical installations (k) Fire detection and alarm system (l) Bunkering operations (m)Navigation in restricted visibility/high density traffic area (n) Operation in heavy weather (o) Critical machinery system SHIPBOARD OPERATIONS can be categorized into: (a) Normal Operations: Error becomes apparent, only after occurrence of a hazardous situation (b) Critical Operations: Error directly leads to accident. Critical Operations would include (but not limited to)

       

Navigation in restricted visibility Navigation in high density traffic area Navigation in restricted/narrow area Heavy weather operations Handling of hazardous cargo and noxious substances Bunkering and oil transfer operation at sea Cargo operations on Gas/Oil/Chemical tankers Critical machinery operations

Que:List the objectives of an ISM internal audit of a ship. How an internal audit helps in satisfactory external audit of vessel. Name the salient issues addressed in the internal audit and the persons responsible to carry out the same Ans: The ISM Code Section 12 (company verification, review and evaluation) make it mandatory to maintain and control the shore and ship based safety management system. Objective Of Internal Audit:a) Internal Audit are conducted for self-evaluation of the safety management system on board. b) Whether company’s safety and environmental policy is continually (still) in compliance with the requirement of this code. c) Any deficiencies as regards to the below can be corrected:i) Procedure:- Testing procedure for lifeboat engine, arrival/departure procedure etc. ii) Personnel:- Maintaining of training records, familiarisation with equipments and their duties etc. iii) Documents:- Update for any recent changes incorporated like deletion of concerned section from ORB as regards to discharge through 100 ppm equipment kept with concerned book; permit to work etc., iv) Corrective Action :- Reporting of near misses and SMS incorporated the change etc. v) Non-Conformity Reporting as per above. How Internal Audit helps in External Audit:1) The Internal Audit is carried out as per the laid procedure of the company’s SMS at regular intervals by competent person/persons. 2) Any deficiency found can be corrected as per procedure laid down in SMS. The deficiency is generally conveyed to the responsible person, who in turn takes corrective action for the same. Internal Audit is conducted as the same strength and intensity as External Audit and off course before the occurrence of an External Audit. Any deficiency/non-conformity which would have been left un-attended or unaddressed till the time of External Audit, thus will be brought up and corrective action procedure laid down for, during the Internal Audit’s observation. Thus an Internal Audit helps a lot in conducting of External Audit; the effectiveness of the former will certainly affect the effectiveness of the latter. As laid down, the dynamic elements of ISM Code which enable continuous improvements are :-

a) Personnel :- Master properly qualified and trained. Ship is manned with qualified, certificated, medically fit sea farers. New personnel are given proper familiarisation with their duties. Personnel involved in SMS should have adequate understanding of relevant rules, regulations, codes and guidelines. Training, safety drill, critical and emergency operation to be given. b) Procedure :-Procedure and instruction written in simple and clear language and understood by the personnel. Ship personnel are able to communicate effectively with passenger and other crews. c) Documentation :- Documentation control, validity of documents, change and amendment, obsolete documents and Safety Management Manual. Any non-compliance of the above with regards to applicable rules and regulations will incorporate a Non-Conformity Reporting to a responsible person, who will in turn be responsible for corrective actions as regards to the same. Last but not the least as the Company is responsible for maintaining the SMS up to date, it will also incorporate changes to the SMS as per the data received; through the Internal/External Audit and also being in constant touch with the latest amendments and legislations which may need to be addressed in SMS in the form of “Corrective Action”. 2. (a) List the objectives of an ISM Internal Audit of a ship? How an Internal Audit helps in satisfactory External Audit of a vessel? What are the dynamic elements of the ISM Code which envisages continuous improvement of safety management and pollution prevention? (b) What do you understand by "Non-conformance". What is the difference between a -corrective action' and 'preventive action'. April 06

The ISM Code Section 12 (company verification, review and evaluation) make it mandatory to maintain and control the shore and ship based safety management system. Objective Of Internal Audit:a) Internal Audit are conducted for self-evaluation of the safety management system on board. b) Whether company’s safety and environmental policy is continually (still) in compliance with the requirement of this code. c) Any deficiencies as regards to the below can be corrected:i) Procedure:- Testing procedure for lifeboat engine, arrival/departure procedure etc. ii) Personnel:- Maintaining of training records, familiarisation with equipments and their duties etc. iii) Documents:- Update for any recent changes incorporated like deletion of concerned section from ORB as regards to discharge through

100 ppm equipment kept with concerned book; permit to work etc., iv) Corrective Action :- Reporting of near misses and SMS incorporated the change etc. v) Non-Conformity Reporting as per above. How Internal Audit helps in External Audit:1) The Internal Audit is carried out as per the laid procedure of the company’s SMS at regular intervals by competent person/persons. 2) Any deficiency found can be corrected as per procedure laid down in SMS. The deficiency is generally conveyed to the responsible person, who in turn takes corrective action for the same. Internal Audit is conducted as the same strength and intensity as External Audit and off course before the occurrence of an External Audit. Any deficiency/non-conformity which would have been left un-attended or unaddressed till the time of External Audit, thus will be brought up and corrective action procedure laid down for, during the Internal Audit’s observation. Thus an Internal Audit helps a lot in conducting of External Audit; the effectiveness of the former will certainly affect the effectiveness of the latter. As laid down, the dynamic elements of ISM Code which enable continuous improvements are :a) Personnel :- Master properly qualified and trained. Ship is manned with qualified, certificated, medically fit sea farers. New personnel are given proper familiarisation with their duties. Personnel involved in SMS should have adequate understanding of relevant rules, regulations, codes and guidelines. Training, safety drill, critical and emergency operation to be given. b) Procedure :-Procedure and instruction written in simple and clear language and understood by the personnel. Ship personnel are able to communicate effectively with passenger and other crews. c) Documentation :- Documentation control, validity of documents, change and amendment, obsolete documents and Safety Management Manual. Any non-compliance of the above with regards to applicable rules and regulations will incorporate a Non-Conformity Reporting to a responsible person, who will in turn be responsible for corrective actions as regards to the same. Last but not the least as the Company is responsible for maintaining the SMS up to date, it will also incorporate changes to the SMS as per the data received; through the Internal/External Audit and also being in constant touch with the latest amendments and legislations which may need to be addressed in SMS in the form of “Corrective Action”.

Non-Conformance:- means an observed situation where objective evidence indicates non-fulfilment of a specified requirement. This may be classed in to 2 categories:1) Minor Non-Conformity : In this case the threat to safety of ship, personnel or environment is very slight, like an omission of noting down the testing of steering gear before arrival in engine room log book or movement book. 2) Major Non-Conformity :- Any deviation which poses a serious threat to personnel, ship or environment and requires action. Like test showing that the tank vent for one tank not able to cope up with pressure rise caused by loading at full rate and SMS also omits the same, but plant manual has mention of the same. The same requires immediate rectification to both venting arrangement and the company’s SMS, through a corrective action. Difference between “Corrective Action” and “Preventive Action” :Any procedure/measure or change incorporated in the SMS of the company, in response to the reporting of a Non-Conformity is classified as a “corrective action”. Like SMS incorporating the noting down of pre-arrival testing of steering gear in relevant sections of the log book and/or movement book. A “preventive action” on the other hand is any action which is generally performed in order to prevent occurrence of any accident. The preventive action list may be judiciously formulated by reading/understanding of a job and/or reading of code of safe working practices. The occurrence of preventive action may be helpful for one’s safety.

(a) What are the essential elements of preventive maintenance on board ships? (b) Analyze the link between statutory and classification survey of ship machinery and equipment with respect to routine maintenance and how it is effectively merged in ships safety management system under the ISM Code.

(a)

The purpose of ISM Code is to provide an International Standard for the safe management and operation of ships and pollution prevention As per the ISM Code requirements the company has to establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations and with any additional requirements that may be laid down by the company. This ISM Code makes the company to establish and implement the planned maintenance system onboard ship to maintain the ship in favorable condition and to prevent pollution. (1) A reduction in total maintenance cost, taking into account the reduced risk of breakdown (2) A reduction in running costs by changing components before they reach that stage where their normal operation damages other components (3) A higher level of efficiency, since break-down are now rare

(4) A better planned system such that the maintenance of machinery is decided well in advance and so maintenance can de carried out when off hire, during port stay at dry dock etc (5) It also ensures a timely service and overhaul of machinery. (6) Anticipation of a break down is the most essential element of prevention maintenance (b) Statutory services/certificates issued are there which must comply with the law. The Flag State Lays down the rules/regulations as to how the ships must be built and equipped with regard to structure, equipment and machinery and have been based on IMO guidelines. Classification society may be defined as an independent third party body which develops and updates adequate published rules, regulations and standards for the safe design, construction and periodical maintenance of ships which are capable of trading internationally. DOC is issued to the company and SMC is issued to every ship there two certificates are issued by the Administration with regard to ISM after verifying that the company and its shipboard management operate in accordance with their approved safety management system. To have there two documents/certificates the company has to make sure that the ISM Code is being implemented onboard ship. By establishing company policy addressed to ISM requirements and ……….. responsibilities and authority, the company will make sure that the safety management system has merged effectively onboard ship. In order to achieve this the company has to  establish their company policies  assign responsibility and authority for implementing this policy  assign a designated person on shore (d.p) a link between the company and those onboard  clarify and define masters responsibility and authority  employ properly qualified and certified people onboard  establish procedures for preparation and plans and instructions, checklists for key operations concerning safety and prevention and pollution  establish programmes for drills and exercises to prepare for emergency ………….  establish procedures to ensure that the ship is maintained in confirming with ism code  establish procedures for controlling document and data  company has to carry out both internal and external audits to confirm the implementation and effectiveness of the ism code on board ship

. Define a “company” and its obligation under ISM codes towards safe shipboard operations. Enumerate the key shipboard operations, which should be

maintained by a company for successful onboard operation of a ship under ISM codes. Ans) The purpose of ‘ISM’ code is to provide an International Standard for the safe management and operation of ships for pollution prevention. ISM code element 1.1.2 defines“Company” means the owner of the ship or any other organization or person such as the manager or the Bareboat charterers who have assumed the responsibility for operation of the ship from the ship owner and who, on assuming such responsibility, have agreed to take over all the duties and responsibilities imposed by the code. Further in element 1.2.2 ISM code sets the objective of Company as.1 provide for safe practices in ship operation and a safe working environment; .2 establish safeguards against all identified risks; and .3 continuously improve safety management skills of personnel ashore and aboard ships, including preparing for emergencies related both to safety and environmental protection. Companies should identify key ‘shipboard operations’ and issue instructions on the matter in which these operations are to be performed continued supervision and verification of compliance to these instructions, is important. The following items/subject matters are normally included in operational documentation. ‘SMS’ procedures and instructions can be developed for each of these operations. General 1.1 1.2 1.3 1.4 1.5 1.6 1.7

Shipboard organization Functional responsibility Reporting procedures Passenger control, where applicable Communication between ship and company Inspection by master and senior officers Provision and maintenance of documents, records

2.

Ship in Port 2.1 Accepting cargo and passengers 2.2 Manning watches and patrols 2.3 Liaison with shore authorities 2.4 Monitoring trim and stability 2.5 Procedures, when the ship is tempo

3.

Preparing for sea 3.1 Verification of passenger numbers, where applicable 3.2 Checking and recording draught 3.3 Checking stability conditions 3.4 Assessment of weather conditions 3.5 Documentations of sailing conditions

4. The ship at sea 4.1 Bridge and Engine room watch keeping arrangements 4.2 Special requirements in bad weather 4.3 Radio communication including ‘VHF’ 4.4 Maneuvering data, unless provided separately 5.

Preparing for arrival in Port 5.1 Testing of engine, steering gear, navigation and communication equipments, generators and anchoring equipments 5.2 Harbour stations 5.3 Pilotage 5.4 Port information and communications 5.5 Assessment of weather conditions 5.6 Ballast

‘Critical Shipboard Operations’ are those where an error may immediately cause an accident or a situation which could threaten the environment. Particular attention should be drawn to the need to adhere to strict instructions in the conduct of critical operations and satisfactory performance should be closely monitored. Examples, of critical operations are:    

Navigation in close or high density traffic areas. Navigation in conditions of reduced visibility Operation in heavy weather conditions Bunkering and oil transfer at sea Critical machinery operations

Arrangements should be made to monitor the ‘Operational Competence’ of crew undertaking ‘Critical Shipboard Operations’

Que: As a C/E you have joined a vessel which is about to undertake a six month round voyage. Underline and describe the key areas you will inspect, check, prepare, establish and maintain towards proper planned maintenance of engine room machineries and associated areas under ISM code. Explain the associated key factors and activities to ensure successful Planned Maintenance programme onboard ships under ISM Codes with the following terms (i) Corrective action process (ii) Developing and improving maintenance procedures (iii) Systematic approach to maintenance (iv) Maintenance intervals (v) Inspections July 06

Maintenance Plan: A maintenance plan should be such that it provides an efficient service at optimum cost. It is to be designed in a way to keep every machinery to an acceptable standard.

Objectives of maintenance plan should be: a)

Ensure ready availability of the equipment.

b)

To ensure adequate level of equipment efficiently (least Down Time)

c)

Above objectives should be achieved at an optimum cost. ISM code and planned Maintenance: ISM code element 10 deals with the maintenance of ship and equipment.

10.1

Company procedures for maintenance.

10.2

To meet above requirements company should ensure that.

10.3

i)

Inspections at appropriate intervals.

ii)

Nonconformities reported with possible causes.

iii)

Corrective action taken.

iv)

Record of all above maintained.

Identification of critical equipment and its maintenance. An efficient and successful maintenance program can be designed and implemental on board by considering above mentioned guidelines mentioned in ISM code. Following key features should be considered when making & implementing PMS on board ship.

1.

Corrective Action Process: Identify the Problem Establish the clause Propose Solutions Evaluate solutions Accept One

Reject all other Implement solution Evaluate Effectiveness

Effective

In effective Close

2)

When developing and improving maintenance Procedures Company should take into account the following. i)

Maintenance recommendations and specifications of the equipment manufacturer.

ii)

History of equipment including failures, defects and damages and the corresponding remedial action.

iii)

The result of third party inspections.

iv)

Age of the ship.

v)

Identified critical equipments and systems.

vi)

The consequences of failure of equipment on the safe operation of ship. 3) A systematic Approach to maintenance: A systematic approach to maintenance will include.

i)

Establishment of maintenance intervals.

ii)

The definition of the methods and frequency of inspections.

iii)

The specification of the type of inspection and measuring equipment to be used and accuracy required of it.

iv)

Establishment of appropriate acceptance criteria (pass/fail).

v)

Assignment of responsibility for inspection activities to appropriately qualified personnel.

vi)

Assignment of responsibility for maintenance activities to appropriately qualified personnel.

vii)

Clear definition of reporting requirements and mechanisms. 4) Maintenance Interval: Should be based on the following.

(i)

Manufacturers recommendations and specifications.

(ii)

Predictive maintenance determination techniques (Lub oil analysis, vibration analysis)

iii)

Practical experience in operation and maintenance of ship and its machinery, including historical trends in the results of the routine inspections and in nature and rate of failures.

iv)

The use to which the equipment is put continuous, intermittent, stand by or emergency.

v)

Practical and operational restrictions e.g. inspection that can be only performed in d/dock.

vi)

Intervals specified as part of class, convention, administration and company requirements.

vii)

The need for regular testing of S/B arrangement. 5) Inspections:

Procedure for planned inspection routines should be written to include the following. i)

Acceptance Criteria

ii)

Use of suitable measuring and testing equipment.

iii)

Calibration of measuring and testing equipment. Examples of inspection and test that may be employed.

i)

Visual

ii)

Vibration

iii)

Pressure

iv)

Temperature

v)

Electrical

vi)

Load

vii)

Water Tightness Inspection methods:

Sometimes checklist should be developed to ensure that inspection, test and maintenance are performed according to the procedures, and at the specified intervals. These checklists can be developed from manufacturer’s recommendation or specifications.

As a Chief Engineer on a vessel scheduled to make a voyage from India to the U.S. Coast, list the salient items you will inspect, machinery installation you will ensure for satisfactory operation and documents you will keep handy for making a satisfactory voyage. Give reasoning in each case. Ans. The salient items to be inspected on a vessel scheduled to make a voyage from India to US West Coast are:ISM Code:

Confirm that there is a Company Safety & Environment Protection Policy on board and that all the key personnel are familiar with the Safety Management System(SMS)



Ensure the Safety Management documentation and manuals are up to date and readily available



All personnel should be able to give the identity of the DPA(Designated Person Ashore), who is the sole contact point for any emergency. Ensure procedures are in place for establishing and maintaining contact with shore management through the DPA in an emergency



Records for maintenance, periodic testing, training drills, log book & safety registers are to be updated



Ensure that you are familiar with any non-conformities which have been reported to the company and what corrective action is being taken

Operation of Machinery:o Emergency and standby sources of electrical power to be tested, that they are readily available, especially in a blackout condition, stand-by generator engines automatic start to be tried out. o Check that the load sharing system of generators is tested and is functioning correctly o Emergency Generator, Emergency Air Compressor, Emergency Steering arrangement, Emergency Bilge suction and bilge pumps to be in working condition with records of all maintenance carried out up-to-date o Try out main engine, start from local control station o Check life-boat / rescue-boat engines are running properly o Check proper functioning of safety cut-outs for main engine / aux engine / boilers o Confirm “emergency stops” for pumps & blower function properly Bunkering Operations:- Ensure bunkering procedures are posted, understood by all personnel & spill equipment is readily available. Test the means of communication, between ship’s bunkering personnel & shore / barge. SOPEP & ISM procedures to report and deal with oil spills should be understood by all. Control of oily mixture, sludge, sewage, garbage & air pollution: Ensure that all the operational requirements of MARPOL as applicable have been complied with taking into account ; a) quantity of sludge/oil residues being generated daily b) the capacity of sludge & bilge water holding tanks c) capacity of oily water separator, incinerator, etc  Ensure oily water separator, incinerator, sewage treatment plant, primary and/or secondary NOx treatment systems are functioning properly.  Check and update all entries made in the ORB.  Ensure the correct use of reception facilities; inadequate facilities noted and reported by the master to the flag state.  Ensure the responsible personnel are familiar with the procedures for handling sludge and bilge water Fire drills and Fire equipment:-



Confirm that all crew members can activate the fire alarm and know the locations of switches and are familiar with the documented procedures for reporting a fire to the bridge and actions to be taken



Check whether all the fire fighting parties promptly muster at the designated stations when the alarm is sounded, during a ‘simulated’ fire drill. Confirm that all crew members are able to demonstrate the correct use of the appropriate fire fighting equipment



Ensure the following items are functioning correctly:a) fire doors, including remote operation b) fire dampers and smoke flaps c) quick closing valves d) emergency stops of fans and fuel oil pumps e) fire detection and fire alarm system f) main & emergency fire pumps

Communication:- Ensure that all key personnel are able to communicate & understand each other’s signals during drills. Que2 As a C/E describe the procedure you would employ for bunkering at a port for ascertaining/receiving correct grade/quantity of oil from the shore supply authorities. In case of a dispute over LO/FO received on board, describe the action you will take under such circumstances. What are the applicable provision under MARPOL 73/78 , Annexe VI regulations ? When accepting bunkers from a barge or terminal, the C/E should always check the local suppliers documents to make certain the bunker supply conforms, in terms of quantity, as well as fuel specifications, with what has been actually ordered. The flash point, viscosity and other characteristics of fuel supplied should be checked to ensure that fuel is suitable for vessels. The C/E should always check that bunkers to be received do not contain unacceptable percentage of water. The maximum allowed water content is 0.05% for gas oil, 0.25% for LO and 1% for HFO. The C/E and barge master should check the security of the hose couplings on the bunker barge and receivers vessel and should agree upon pumping rate.  Barge master has to show valid Hose Pressure Testing certificate to C/E.  New bunkers to be segregated From old bunkers on board as far as possible, if bunker has to be mixed , compatibility test must be carried out.  Duty engineer to check sampling flange is correctly fitted in place the sample must be representative of the total delivery and ideally taken by ‘drip feed’ , at the discharge side of manifold,during the course of pumping. Samples should not be taken from during starting or completion of bunkers.

 Sample bottles should be sealed, dated and signed by both parties atleast and samples need to be taken.

ENSURING CORRECT QUANTITY It is the ships staff responsibility to ensure that the actual quantity received is as per the ordered quantity. The 3/E must always check the barge soundings before and after pumping-quantity calculated from the tables check the table for proper authorization/stamp etc, case must be taken for test/trim and temp variations. If flow meters are fitted-initial and final reading to be noted Few record of the ships tank must be kept ready before bunkering. If the barge person wants to check the ship soundings. He must be allowed to do so. I o/ discrepancy in the quantity received can be ……….if the difference exceeds a letter of protection must be written by the master and independent surveyor called to investigate the findings. However if bunker fig are satisfactory the BDR should be checked to ensure the information is includes as per annexe V Name and IMO number of receiving ship Port Date and Time of commencement of delivery Name, address and telephone number of marine fuel oil supplies Product names Sulphur content should be < 4.5%, meeting ISO 8217 standards. In sensitive areas, sulphur content 1.5% Quantity in metric tines, according to ISO 3675 Density @ 15 deg, according to ISO 8754. Declaration should be signed and certified by fuel oil suppliers rep that the fuel oil supplied conforms with reg 14(1)/4(9), reg 18(1) or annexe VI Bunker quantity disputes The disputes can arise due to Measured volume of barge is diff to that recorded on BDR Measured volume of barge is diff to ship’s received volume Wt on bunkers delivery receipt calculated with incorrect density High water content Bunker quantity disputes In recent years there has been a general deterioration in the quantity of fuel supplied for bukers. The C/E should take care to ensure that bunker supplied material the specs required by the vessel as per ISO 8217. BDR should be maintained for 3 years. If poor quality fuel has been supplied, the C/E should record all relevant information that can lead to machinery damage with particular attention being given to the retention and preservation of oil samples. Oil samples should be sent for shore analysis. The matter should be promptly reported to owners.

If there is any dispute with regard to quality and quantity following should be done Record of initial oil tank soundings must be kept oil transfer details to tanks must be correctly tested and final sounding noted. Location of tanks where suspected bunker have been used. Details of usages noted and copies of BDR must be preserved for 3 years All “Notes of protests”: engine and deck log book must be preserved. The sealed samples taken during bunkering operation must be retained A record of the following must be kept. The C/E and other crew members involved in bunkering operations The name of those present at the time when bunker samples were taken The crew members involved in correcting any problems associated with substandard bunkers Owner must be notified promptly. MARPOL ANNEXE VI , : PROVISIONS FOR FUEL OIL QUALITY: In addition to requirement limiting the sulphur content of fuel oil, fuel should be free from inorganic acids , chemical wastes, or potentially harmful substances

Illustrate the salient factors for “onboard training” and standard of competence as laid out in STCW 95 Chapter III. Underline the specific roles a Chief Engineer needs to perform towards satisfactory training of engine room personnel under the Regulation. What will be the criteria for evaluating competence for onboard training by a Chief Engineer? Ans. Chapter III of the STCW Annex, and the associated sections of the STCW Code, are devoted to the requirements for the officers and ratings who serve in the engine department, and/or those who perform functions relating to marine engineering; electrical, electronic and control engineering; maintenance and repair; and controlling the operation of the ship and care for persons on board. Onboard training Every candidate shall follow an approved onboard training whichi)Ensures that during the required period of seagoing service the candidate receives systematic practical training and experience in the tasks, duties and responsibilities of an officer in charge of

an engine room watch keeping, taking into account the guidance given in section B-III/1, of the code. ii) Is closely supervised and monitored, by a qualified and a certified engineer officer onboard the ship, in which the approved seagoing service is performed. iii) Is adequately recorded in Training Record Book. Standards of Competence Regulation III/1 - Officers in charge of an engineering watch on ships with 750kw propulsion power or more

The first paragraph of this regulation requires that everyone who serves as an officer in charge of an engineering watch in a manned engine-room, or a designated duty engineer in a periodically unmanned engine-room, on a seagoing ship powered by main propulsion machinery of 750 kilowatts (kW) propulsion power or more must hold an “appropriate certificate”. The second paragraph sets out the requirements a candidate must meet to acquire a certificate for service in this capacity, including age limit, and minimum periods of seagoing service. The candidate must also complete approved education and training, and meet the standard of competence and other requirements of section A-Ill/1 of the STCW Code. Section A-Ill/1 of the STCW Code specifies the minimum standard of competence-in the form of four-column-tables for each of four functional areas, at the operational level. Tables in Section A-III/1 are presented for functions relating to:    

marine engineering; electrical, electronic and control engineering; maintenance and repair; and Controlling the operation of the ship and care for persons on board.

In regulation III/1 these tables relate to the operational level of responsibility. The management level is addressed in regulations III//2 and III/3; and the support level is addressed in regulation III/4. Regulation III/2 - Chief Engineer Officers and Second Engineer officers on-ships-with 3,000kw propulsion power or more

The first paragraph of this regulation requires that everyone who serves as a chief engineer officer or second engineer officer on a seagoing ship powered by main propulsion machinery of 3,000 kilowatts (kW) propulsion power or more must hold an “appropriate certificate”.

The second paragraph sets out the requirements a candidate must meet to acquire a certificate for service in this capacity. The candidate must be qualified as an officer in charge of an engineering watch (i.e. meet the requirements of regulation III/1); and must meet certain minimum periods of seagoing service as engineer officer or second engineer officer. The candidate must also complete approved education and training, and meet the standard of competence and other requirements of section—A-III/2 of the STCW Code. Section A-III/2 of the STCW Code specifies the minimum standard of competence in the form of four-column tables for each of three functional areas, at the management level. The tables are formatted in the same way as those in section A-Ill/1; but the focus is on the management level of responsibility, and the statements of competence, the areas of knowledge, the methods of assessment and the criteria for assessment are designed to apply to that level of professional skill and judgment. Regulation III/3 - Chief Engineer Officers and Second Engineer officers on ships with propulsion power of between 750kw and 3000kw

The first paragraph of this regulation requires that everyone who serves as a chief engineer officer or second engineer officer on a seagoing ship powered by main propulsion machinery between 750kw and 3000kW propulsion power must hold an “appropriate certificate”. The second paragraph sets out the requirements a candidate must meet to acquire a certificate for service in this capacity. The candidate must be qualified as an officer in charge of an engineering watch (i.e. meet the requirements of regulation III/1); and must meet certain minimum periods of seagoing service as engineer officer or second engineer officer. The candidate must also complete approved education and training, and meet the standard of competence and other requirements of section A-III/3 of the STCW Code. Section A-III/3 of the STCW Code specifies the minimum standard of competence by making reference to the tables already given in Section A-III/2. However, the level of knowledge, while still at the management level, may be lowered to suit the lower propulsion threshold to be placed as a limitation on the candidate’s certificate. The level of knowledge may also be varied when the certificate is limited to service on ships engaged on near-coastal voyage Paragraph 3 of regulation III/3 provides that someone qualified as a second engineer officer on ships of 3,000kw propulsion power or more may serve as chief engineer officer on ships of less than 3,000kw propulsion power, if they have a-certain minimum period of-seagoing service, and-the certificate is suitably endorsed. Regulation III/4 - Ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room on ships of 750kwpropulsion power or more

The first paragraph of this regulation requires that every rating forming part of a manned engine-room watch on a seagoing ship of 750 kilowatts (kW) propulsion power or more must be “duly certified”. Certification is not required for ratings who are under training or whose duties are of an unskilled nature. The second paragraph sets out the requirements a candidate must meet, including minimum age, approved seagoing service and training associated with engine-room watch keeping functions. The candidate must also meet the standard of competence set out in Section A-III/4 of the STCW Code. Section A-III/4 of the STCW Code specifies the minimum standard of competence in the form of a four-column table for the marine engineering function area, at the support level. Role of Chief engineer towards satisfactory training of engine room personnel Chief engineer must establish a training program onboard ship. He should:       

Break down various jobs into duties, tasks, and sub tasks. Establish priorities of tasks. Define performance standards for each task. Identify preferred mode of learning. Collect data on profile of trained personnel. Give trainee independence of doing job and at the same time supervise the work constantly. Identify constraints like language, lack of training, etc.

If a trainee is found to be lacking in knowledge in some areas, then the chief engineer must discuss his weakness with him and must try to give him a chance to improve upon. If the trainee needs formal training in certain fields then chief engineer must request for shore based training of the person concerned. Evaluating competence for onboard training The criteria for evaluating competence for onboard training of engine room personnel is given in column 4, of tables A-III/1, III/3, III/4. Some of the criteria are:     

Identification of important parameters and selection of material is appropriate. Use of equipment and machine tool is appropriate and safe. Selection of tools and spares is appropriate. Dismantling, inspecting, repairing, and re-assembling is in accordance with manuals and good working practices. The conduct, handover and relieving of ‘watch’ confirm with the accepted principles and procedures.



A proper record is maintained of the movement and activities relating to the ships engineering systems.  Communications are clearly and well understood in accordance with established rules and procedures to ensure safety of operations and to avoid environment pollution.  The causes of machinery malfunctions are properly identified and actions are designed to ensure overall safety of the ship and plant.  Procedures for monitoring shipboard operations and ensuring compliance with MARPOL requirements are fully observed.  The type and scale of emergency is properly identified and emergency procedures are followed as per plan.  Actions in responding to abandon ship and survival situations are appropriate.  Legislative requirements, relating to SOLAS and MARPOL are correctly identified. On the basis of these guidelines and evaluation criteria, the competency of onboard training can be evaluated. You have joined a vessel as Chief Engineer recently. Outline a programme that you will implement in training of Engine Room staff for (i) Fire prevention and fire fighting (ii) Pollution prevention (iii) Safe working practices. Enlist the related STCW Codes for each of them. Ans. Upon joining a v/l as c/e, programs that can be implemented for training of E/R staff, shall be in accordance with chapter – VI of STCW – 95 Code; which deals with standards and minimum mandatory requirement regarding familiarising and basic safety training for emergency and occupational safety along with medical care and survival functions. The purpose of such a training should be to provide basic knowledge, increase their proficiency and at the same time enhancing their skills by subjecting them to simulated emergency situations, i.e. drills and exercises, so that the personnel identifies the potentially hazardous situation that may result in threat to life or the pollution of marine environment. These will not only reduce the response time but also increase the confidence level. Fire Prevention & Fire Fighting:- Training program for this should be complying with chapter VI Table A – VI/1-2 , whereby specification of minimum standards of competence in fire prevention and fire fighting are laid down. Competence is in minimising the risk of fire and maintaining a state of readiness to respond to emergency situation involving fire. This should include the knowledge, understanding and proficiency in matters pertaining to:The elements of fire and explosion, reminding them of fire triangle, types and sources of ignition, flammable materials, fire hazards & spread of fire.

All engine room personnel must be made well aware of Fire Plan on board ship, their duties should be explained & importance of the same w.r.t. emergency situation should be explained. Classification of fire and applicable extinguishers, location of FFA in engine room, emergency escape routes & internal communication should be explained. Fire & smoke detection system and automatic alarm system should be well conversed with. The donning of fire fighters outfit, use of SCBA, ventilation control, quickclosing valves, fire control station & places from where emergency fire pump can be started remotely. Instructions and knowledge regarding fixed installations and rescue procedures. Under what conditions engine room to be evacuated etc. should be explained. Fire drills must be conducted weekly and during briefing sessions, assessment of performance and improvement should be done. Personnel should be rotated in their duties in order that they are conversant with other emergency duties as well. Pollution Prevention:- This is dealt with in chapter VI Table A – VI/1-4 whereby specification of minimum standards of competence in Pollution Prevention of Marine Environment is laid down. It includes the knowledge, understanding & proficiency in matters pertaining to:Effects of operational or accidental pollution of marine environment and basic environmental protection procedures. This will include imparting knowledge of SOPEP, which is a contingency plan to prevent pollution. Accidental pollution can occur during cargo loading/discharging, bunkering, oil spill may also result due to collision and grounding etc. Same should be explained along with location of SOPEP locker, equipments, their use and personnel duties during SOPEP operation. Remote stop of COPs, closing scuppers, testing & indication of high level alarms etc.for bunkering, the bunker system, location of tanks, sounding procedures to be explained. Bunker safety checklist to be followed. Communication means & mode settled between ship staff and barge personnel, importance of constant vigil should be explained. Knowledge, operation and maintenance of pollution prevention equipment like OWS, Incinerator and Sewage system should be explained. SOPEP drills should be carried out weekly and during briefing sessions the liability, compensation & fines that may result should be explained along with engine room personnel duties in each case. Safe Working Practices:- This is dealt with in chapter VI Table A – VI/1-4 whereby specification for competence in safe working practice is laid down. Knowledge, understanding and proficiency for the following must be imparted;-

Knowledge of a safe attire is of prime importance, importance of safety while carrying out various ship board operations should be explained. This includes personal safety, safety of other men and m/c and safety of ship. For E/R operations use of gloves, goggles, chemical handling suit while working with hazardous chemicals, using gloves, goggles and shield while carrying out welding or cutting jobs and use of PPE when on lathe, grinding m/c etc. Enclosed space entry C/L and hot work permit C/L should be explained. Use of O2 analysis HC Detector should be explained. Procedure for ship board operation of critical equipments should be posted at conspicuous locations. Hazards of unsafe practices should be explained, as they result in fire, collision and grounding. Also occupational hazards to be explained. Drills for enclosed space entry such as rescue from P/P room etc. should be carried out weekly or fortnightly. Que 3 : Explain PSC inspection. Underline its authority and basis of such inspections. Enumerate the relevant regulations, articles and annexes of SOLAS 1974, LOAD LINE 1966, MARPOL 73/78, STCW 95 and TONNAGE 1969 which form provision for PSC. PORT STATE CONTROL Inspection is an inspection program under which all countries work together to ensure that all vessels entering their waters are in compliance with strict international safety and Anti-pollution standards. All countries involved in inspecting ships will share their findings with each other. The ships that are found to be in violation of laid down standards, are detained in port, until their deficiencies have been rectified. The objective of PSC is to defeat and deter owners from operating substandard ships that endanger not only the ships crew and the port, but also the environment. PSC inspection helps to minimize the threat to life, properly and the environment by disallowing substandard shipping. The key elements of PSC are : 

Ensuring compliance with international rules regarding safety marine pollution and a threat to the working environment.



Detaining sub standard vessels, when their condition so warrants, until all deficiencies are rectified.



Implementing a mutually agreed upon figure of annually inspecting the minimum numbers (normally 25% of all rising vessels)



Applying a targeting system when determiniing the selection of vessel for checking so that well run vessels are not unnecessarily harassed while Black Listed vessel will not be allowed to operate.



Harmonizing and strengthening to the greatest extent port state controls authority to carry out better surveillance.



Providing technical assistance and training where the need is identified.

Authorities of the port state control are clearly defined under the following instruments of IMO. 1) SOLAS 1974

2) MARPOL 73/78

3) STCW 78/95

4) LL 1966

5) TONNAGE 1969

6) COLREG 1972

6) ILO convention 147 (merchant shipping minimum standard) RIGHT OF THE PORT STATE : In theory all vessels must be governed by the flag state, that is allowing them to sail under their flag. In practice all ships do not regularly call at their own (flag state's ) ports. This can restrict the ability of the flag stage to effectively check/enforce the convention standard on its vessels. This loop hole has been exploited by some unscrupulous owner to improve their own profit margins by cheaply running their ships in a substandard condition endangering not only the other ship and the environment, but also the lives of the very seafarer's who are running them. This is where PSC comes into picture. Port state control can be applied not only to those countries, who are party to the convention but also to the ships that fly the flag of a state that has not rectified a convention.Thus no ships is exempted from inspection because the principle of no more favorable treatment applies. Any state may also inact its own domestic laws and impose additional national rules and regulations on foreign ships entering its water USA for example has enacted the oil pollution act 1990 (opa 90) which makes it mandatory for tankers to have double hull or equivalent protection against spillage for entry into any us port. The relevant regulations Articles and annexes which forms the provision for psc are as follows. SOLAS 74 Regulation I/19- GENERAL PROVISIONS/ CONTROL Regulation IX/6 : Management of safe operation of ship/ verification and contrl Regulation XI-1/4 : Special measure to enhance maritime safety / PSC on operational requirement Chapter XI-2 : Special measures to enhance maritime securities (ISPS code) MARPOL 73/78 Article 5 : Certificate and special rules and inspection of ships Article 6 : Detection of violation and enforcement of the conventions Regulation I/11: Regulation for prevention of pollution by oil/ PSC on operational requirement. Regulation II/16-9: Regulation for prevention of pollution by NLS/Measures of control/ PSC on operational requirement. Regulation III/8: Prevention of pollution by packaged harmful substances/ PSC on operational requirement.

Regulation V/8: Regulation for prevention of pollution by garbage/ PSC on operational requirement. Regulation VI/10 : Regulation for prevention of air requirement.

pollution/ PSC on operational

Load Lines 1966 Article 21 international load line convention with the port state control.  Limitation on the draft, to which a ship on its international voyages is to be loaded.  Ensure adequate stability  Provisions to determine freeboard of tankers. STCW 78 Article X : Control regulation (rights of PSCO to ensure all seafarers have appropriate certificate) Regulation 1/4 control procedure Tonnage 1969 Article 12 : Verification of Tonnage certificate Although the tonnage convention is not a safety convention the revision A787 (19) has lacid down the guidelines for port state control However, the control provision of Article 12 Tonnage 69 does not include the provision of detention of ships. 270. During a port State control inspection, the PSCO desired to carry out detailed inspection of the vessel. (a) What are clear grounds for a PSCO to conduct a more detailed inspection? State your answer with examples. (b) What is the difference between ‘corrective action’ and ‘preventive action’ Ans) (a)If the PSCO has clear grounds for carrying out a more detailed inspection, the master should be immediately informed of these grounds and advised that, if so desired, the master should be immediately informed of these grounds and advised that, if so desired, the master may contact the Administration or, as appropriate, the recognized organization responsible for issuing the relevant certificate and invite their presence on board. The following are the clear grounds for a PSCO to conduct a more detailed inspection:1) Evidence from PSCO’s general impressions and observations that serious hull or structural deterioration or deficiencies exist that may place at risk the structural watertight or weather tight integrity of the ship e.g., damaged guard-rails, rusted ladder ways, rusted or patched up pipelines on deck. Significant areas of damage or corrosion or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take loads may justify detention. It may be necessary to check the underwater portion of the ship. In reaching a decision, the PSCO should have regard to the seaworthiness and not the age of the ship making an allowance for fair wear and tear over the minimum acceptable scantling. Damage not

affecting seaworthiness or damage that has been temporarily but effectively repaired for a voyage to a port for permanent repairs won’t constitute grounds for judging that a ship be detained. In assessment of effect of damage, the PSCO should have regard to the location of crew accommodation and whether damage affects its habitability. The PSCO should pay particular attention to the structural integrity and seaworthiness of bulk carriers and oil tankers and note that these ships must undergo the enhanced programme of inspection during surveys under the provision of regulation X1/2 of SOLAS 74. The PSCO’s assessment of the safety of the structure of those ships should be based on the survey Report File carried on board. This file contains reports of structural surveys, condition evaluation reports, thickness measurement reports and a survey planning document. If there’s a doubt that the required survey has taken place, the PSCO should confirm with there organised organization. If survey report File necessitates a more detailed inspection of the structure of the ship or if no such report is carried, special attention should be given by PSCO, as appropriate to hull structure, piping systems in way of cargo tanks or holds, pump-rooms, cofferdams, pipe tunnels, avoid spaces within the cargo area and ballast tanks for bulk carriers the main structure of holds should be inspected for any obvious unauthorized repairs. Machinery Spaces: the PSCO should assess the condition of the machinery of the electrical installations to make sure that they are capable of providing sufficient continuous power for propulsion and for auxiliary services. During inspection of machinery spaces, PSCO should see the standard of maintenance. Defective quick losing valves, disconnected or in operative extended control rods or machinery trip mechanisms, missing valve hand wheels, evidence of chronic steam, water and oil leaks, dirty tank steps and bilges or extensive corrosion of machinery foundations are pointers to an unsatisfactory organization of the systems’ maintenance. A large number of pipe clips or content boxes will indicate reluctant to make permanent repairs. General deficiencies like leaking pump glands, dirty water gauge glasses, rusted relief valves, inoperative pressure gauges, inoperative or disconnected safety or control devices, evidence of repeated operation of diesel engine scavenge belt or crankcase relief valves, malfunctioning or inoperative automatic equipment and alarm systems and leaking boiler casings or uptakes would warrant inspection of engine room log book and investigation into the record of machinery failures and accidents and a request for running tests of machinery. Evidence from PSCO’s general impression or observations that serious deficiencies exist in the safety, pollution prevention or navigational equipment. a) safety equipment: the effectiveness of life-saving appliances depends on good maintenance by the crew and their regular use in drills. A part from obvious defects like holed life boat, PSCO should look for signs of disuse of obstructions to survival craft launching equipment which may include paint accumulation seizure of pivot points, absence of greasing condition of blocks and falls. b) Fire fighting equipment: poor condition of fire line, fire extinguish deck foam lines, fire hydrants etc may be a guide for detailed examination of all fire safety equipment PSCO should also look for evidence of a higher than normal fire risk, which may be brought about by a poor standard of cleanliness in the machines space which together with significant deficiencies of the fixed or portable fire-extinguishing equipment could lead to a judgement of a ship being substandard. The PSCO should inspect for operability and securing arrangements of those doors in the main zone bulkheads and stairways enclosures and in boundaries of high fire risk spaces like machinery rooms and galleys. Spot checks may be made on dampers smoke flaps to

ascertain the standard of operability. These flaps will preview spread of smoke through ventilation systems. PSCO should also ensure that ventilation fans can be stopped from the master controls and that means are available for closing main inlets and outlets of ventilation systems. Attention should be given to the effectiveness of escape routes by ensuring that vital doors are kept open and that alleyways and stairways are not obstructed. Now equipment e.g., one of the auto radar plotting aids plotting devices is not working. Absence of principal equipment or arrangements required by conventions. e.g., (a) Marpol Annex I requires that ships of 400 gross tons and above must have an oil filtering equipment provided with arrangements to ensure that any discharge of oily moistures is automatically stopped when the oil content of the effluent exceeds 15 ppm. Absence of this principle equipment may lead to more detailed examination and possible detention. SOLAS convention 1974 requires presence of a life raft capable of carrying 6 persons near forecastle deck. Absence of this may lead to more detailed examination and possibly detention. 5) Evidence from a review of ship’s certificates that a certificate or certificates are clearly invalid e.g. safety Equipment certificate may be invalid since no renewal survey was carried out during stipulated time. 6) Evidence that documentation required by the conventions are not on board, incomplete, are not maintained or are falsely maintained. e.g.

a) oil record book for machinery spaces may be absent or not properly filled up. b) Fire control plans may be absent c) Garbage management plan may be absent and or garbage record incomplete d) Stability booklet may be absent

7) Information or evidence that the master or crew is not familiar with essential shipboard operations relating to the safety of the ships or the prevention of pollution or that such operations have not been carried out. e.g.

(a) Life boat have not been lowered for past 4 months (b) Chief Engineers does not know how to release CO 2 into the engine room in case of fire in the en gine room © Master does not know how to do emergency steering (d ) Chief Officer doesn’t know how to operate deck foam system. 8) Indication that key crew members may not be able to communicate with each other or with other persons on board. The PSCO may ask the master which languages are used as working languages. For E.g. on Indian flag ships, English is the working language. PSCO may ensure that key crew members are able to understand each other during inspection or drills. Crew members assigned to assist passengers should be able to give necessary information to passengers in case of an emergency 9) Conditions of assignment of load lines. If a PSCO has concluded that a hull inspection is unnecessary but is dissatisfied, on the basis of observation on deck with items like defective hatch closing arrangements, corroded air pipes and vent coamings the PSCO should examine to closing appliances, means of freeing water from the deck and arrangements concerned with the protection of the crew.

Receipt of a report or complaint containing information that a ship appears to be substandard. E.g. third engineer has complained to port state control that life boat davit structure is badly corroded and it may not be able to support the life boat. Then PSCO should conduct detailed examination PSCO should not disclose the source of information. 10) Emission of false distress alerts not followed by proper cancellation procedures. E.g. If EPIRB is accidentally actuated then it should be set right and nearest coastal authority informed about the accident. (b) “Corrective action” is taken to remedy a defect while “preventive action” is the action taken to prevent a breakdown from occurring. e.g. Fire main line burst due to excess pressure and failure of relief valve damaged portion of the line is renewed to the satisfaction of PSCO. This is “corrective action”. “Preventive action” would have been to test the relief valve periodically and overhaul it if required. “Preventive action” would also include opening at least two fire hydrants on deck before starting the fire pump and monitoring fire pump pressure so as to prevent excessive build up of pressure.

‘Clear grounds’ to conduct detailed inspection include : 1) The absence of principle equipment or arrangement required by conventions. 2)

Evidence, that a ship’s certificate or certificates are clearing invalid.

3)

Evidence,that the documents required by the convention & listed in appendix 4 is not onboard, incomplete, not maintained or falsely maintained.

4)

Evidence from PSCO’s general impression & observation that serious hull or structural deterioration / deficiencies exist that may place a risk to the water tight integrity of the ship.

5)

Evidence, from the PSCO’s general impression or observations that serious deficiencies exists in safety, pollution prevention or navigational equipment.

6)

Information or evidence that master/crew is not familiar with essential shipboard operations relating to the safety of the ship or prevention of pollution.

7)

Indication that key crew members are may not be able to communicate with each other.

8)

The emission of false distress alert not followed by proper cancellation procedures.

9)

Receipt of a report regarding complaints that ship appears to be substandard.

IF PSCO’s has ‘clear grounds’ for carrying out more detailed inspection, the master should be immediately informed & advised Master may / then contact the Admin. authority or appropriate RO responsible for issuing cert. & invite their presence onboard.

4. With reference to Port State Control inspection. (a) What are "clear grounds" and "ISM related deficiencies" for a Port State Control Officer to conduct a more detailed inspection of the ship. (b) List out five deficiencies, which may lead to detention of the vessel. Also, enumerate the cause of such deficiency and preventive action you, as Chief Engineer, will take to avoid reoccurrence of such detainable deficiencies April 06

Regulation 4, chapter IX of SOLAS 1974 makes it possible for PSCO inspecting foreign ships to check their operational requirements especially when there are “Clear Grounds” for believing that Master or crew are not familiar with essential ship board procedures relating to ships safety, pollution prevention ships visiting any foreign port, are to be inspected by PSC on behalf of the contracting Govt. to ensure that the visiting vessel is not a threat o the port with regards to the safety of personnel & cargo & also not a navigational hazard to its surroundings. (a) The ‘Clear Grounds’ referred, leading to detailed inspection include such factors as operational short coming, cargo operation not being conducted in a proper manner or absence of an updated muster list. These indicate that the crew members may not be able to communicate with each other. PSC inspections are normally limited to checking certificates becomes questionable, if there are ‘Clear Grounds’ for believing that the condition of the ship or its equipments are not substantially meeting requirements of relevant instrument then a more detailed inspection may be carried out. In accordance with the following provisions of ‘IMO’ & ‘ILO’ conventions, a PSC officer may conduct inspection of foreign ships coming in their parts :

1)

SOLAS - 74 Reg. 1/19, leg. IX/6 & leg. XI/4

2)

Load lines 66, article 21.

3)

MARPOL 73/78 article 5 & 6 1)

reg. S/A o annex I

2)

Reg. 18 of Annex II, III, V & VI

4)

STCW ‘78 - article x & reg. ¼

5)

TONNAGE 69 - article 4

The IMO has adopted assembly resolution A 787 (19) as guideline her PSC Assembly resolution A 882 (21) has amended & updated a 787 (19) A PS officer proceeding to the ship can form an impression of the standard of its maintenance from items such as condition of paint works, corrosion/pitting. If the PSC office from general impressions formed or from his observations has ‘clear grounds’ to believe that the ship or its equipment or its crew do not substantially meet the requirement, PSC should do more ‘ detailed inspections”.

‘Clear grounds’ to conduct detailed inspection include : 1) The absence of principle equipment or arrangement required by conventions. 2)

Evidence, that a ship’s certificate or certificates are clearing invalid.

3)

Evidence,that the documents required by the convention & listed in appendix 4 is not onboard, incomplete, not maintained or falsely maintained.

4)

Evidence from PSCO’s general impression & observation that serious hull or structural deterioration / deficiencies exist that may place a risk to the water tight integrity of the ship.

5)

Evidence, from the PSCO’s general impression or observations that serious deficiencies exists in safety, pollution prevention or navigational equipment.

6)

Information or evidence that master/crew is not familiar with essential shipboard operations relating to the safety of the ship or prevention of pollution.

7)

Indication that key crew members are may not be able to communicate with each other.

8)

The emission of false distress alert not followed by proper cancellation procedures.

9)

Receipt of a report regarding complaints that ship appears to be substandard.

IF PSCO’s has ‘clear grounds’ for carrying out more detailed inspection, the master should be immediately informed & advised Master may / then contact the Admin. authority or appropriate RO responsible for issuing cert. & invite their presence onboard. (b) Detainable deficiencies & corrective action :

1)

Insufficient cleanliness of E/R, excess amount of oily water mixture in bilges, insulation of piping including exhaust pipes in E/R contaminated by oil, & improper operation of Bilge pumping arrangements.

2)

Absence, insufficient capacity or serious deteriorating of personal LSA’s survival craft & launching arrangements.

3)

Number, composition or cert. of crew not corresponding with safe manning document.

4)

Exceeding of maximum allowable cargo quantity per tank.

5)

Annex I : unauthorised discharge bypass, fitted for pumping oily water overboard.

Appropriate training to be provided to crew members regarding operations, proper house keeping & cleanliness of E/R, planned maintenance schedule must be prepared to check LSA’s & other survival arrangements. Manning must be managed as per safe manning Cert. Appropriate loading of cargo in task as specified in cargo

loading & considering stress on ship’s HK & hull. In no case unauthorised discharge from ship be made which is considered as criminal offence. What provisions are kept under PSC towards (i) Certificates issued by non party states to their ships (ii) Inspection of ships below convention size and (iii) Amendments to procedures for PSC adopted in 1981. Ans) The duty to enforce convention lies with the flag states. They should regularly carry out surveys/issues certificates, to ensure that their ships meet and maintain convention standards either by their own or by their authorized recognized organization

PORT STATE CONTROL In practice, ships do not regularly visit their flag state ports. This restricts the ability to control them and allows substandard ships to sail. Port and coastal states have certain rights to exercise authority over ships in their water. In addition port state have the authority to check that foreign ship visiting their ports meet all the appropriate convention standards. A state may also have its own standard national laws eg O.P.A 90 for US waters. A port state should only apply those convention which have entered into force and which it has implemented for to own ship A problem could arise with a foreign ship entering a port state, where the concerned flag state has not ratified a convention best which has entered into force. Also when a ship is below convention size. A problem could arise with a foreign ship entering a port state, where the concerned flag state has not ratified a convention but which has entered into force. Also when a ship is below convention age. 1) CERTIFICATES ISSUED BY NON PARTY STATES if a flag state has not ratified a convention but however issued a certificate it does not give freedom to the state to violate the standards of the convention. Port state control will still exercise its authority to enforce the required standards of the convention. This is called “NO MORE FAVORABLE TREATMENT” 2) INSPECTION OF SHIPS BELOW CONVENTION SIZE: it imples SOLAS : SHIPS BELOW 500 GROSS TONNAGE MARPOL : SHIPS BELOW 500 GROSS TONNAGE Port state will again give “no more favourable treatment” to ships below convention size post state control will excise all its authority to make sure that ships are safe and present least threat to the marine environment. 3) Amendments to procedures for PSC adopted in 1981:In 1978 eight north sea status of envelope agreed to exchange information on foreign ship calling at their ports. This was super sided in 1981 when fourteen European states agreed to establish a harmonized system of control resulting in the signing of the paris MOU.

Presently, we have 6 MoU which include all the major countries Paris MoU Mediterranean MoU Asia Pacific (Tokyo) MoU Caribbean MoU Vina Del Mar (latin American agreement) Indian Ocean MoU United States has chosen to remain outside of any regional MoU. It has its own ‘US’ Port State Control regulations programmes and … control measures on a unilateral basis. In 2001 the US coast guard (USCG) implemented an initiative called ‘Qual ship 2’ to provide incentives to high quality ships in the form of fever inspections

With reference to PSC illustrate the following (i) Regional co-operation/ agreements (ii) The goal of future PSC (iii) Technical assistance by IMO under resolution adopted in Nov. 1991 Conference. Ans) (1) Regional Co-operation/Agreement:- By provision of ‘UNCLOS’ flag state has been given the primary responsibility for ensuring that a ship is equipped, operated, maintained and manned in accordance with Maritime International conventions. However, some flag states have been unwilling or unable to carry out their international conventions. A ‘PSC’ inspection is thus, the second line of defence to prevent substandard ships from operating. Port states inspect a percentage (agreed) o ships calling at their ports. When the national port state control enhances the safety of ships and thereby protection of Marine environment only a regional approach then ensures that substandard ships and operations have fewer places to conceal/hide facts. Unless a regional approach is adapted, operator will just divert their ships to ports in the region where no ‘PSC’ or less stringent ‘PSC’ inspections are conducted. ‘Regional Agreement’ covers the exchange of information about ships their records and the results of inspections carried out. This information, is vital as it enables subsequent ports of call, to target only ships that have not been recently inspected. In general, ships inspected within the period of previous 6 months from the ‘visiting date of port’ are not re-inspected, unless there are clear grounds to do so. Secondly, it is only by cooperation with the port of region, that it is possible to monitor substandard ship in the region. This applies to ships that have been allowed to sail with minor deficiencies on the condition that there are to be rectified is the next port of call to monitor such ships constant exchange of information between ports is necessary. Thirdly, it is important for countries to achieve uniformity in the manner and methodology of port state inspections and ultimately in their region so that similar standards are applied with regards to the detention of ship and training standards of port state control officers. To achieve this it is common practice of many existing ‘agreements’ to conduct joint seminars for ‘PSC’ officers to harmonize procedures.

Therefore, post State Control regimes were set up under a memorandum of understanding (MoU). Harmonized inspection procedures are designed to target substandard ships with the main objective being to eventually eliminate them from the region covered by MoU’s participating states. 2)Goal of future PSC: the impact of ‘PSC’ on ship’s and ship owners has grown with concern members of regional ‘PSC’ group are becoming more organized and professional in this approach to inspections investigations. When detention occurs. The name of the ship is publicly announced and quoted in their regional shipping magazines. Ships with history of detention will find it increasingly difficult to trade unless they & their companies gear up fully to the inspection criteria laid by ‘PSC’. There is a prospect of a ‘Global Post State Control’ being formed, wherein the exchange of information harmonization of procedures as well as training will take place world wide. As more and more statistics and data are gathered and exchanged, by different ‘PSC’ secretariats, substandard shipping operations all over the world will reduce. These experiences will also provide maritime community with the opportunity to analyze better the reasons of accidents and causalities so that they can be prevented from occurring again. 3) Technical assistance by IMO under resolution adopted in November 1991 conferenceadapted on 6th November 1991 regional cooperation in the control of ships and discharge Invitees the authorities, participating in the Paris Memorandum and other countries to participate in port state control to assist wherever possible in the conclusion of regional agreements; study matters of inter-regional co-operation with a new to have information system and exchange of ‘PSC’ information Requests the maritime safety committee and marine environment protection committee to consider any further action, which may be taken to assist member governments in their efforts relating to ‘PSC’ of ships and discharges, as well as to periodically review such actions. Invites governments to consider concluding ‘regional agreement’ on an application made by ‘PSC’ based on co-operation with the organization Invitees secretary general to secure funds for the organization of regional seminar on matters related to port state control of ships and discharge under ‘SOLAS 1974’, LL 1966, STCW’78/95 and MARPOL 73/78 The assembly took note (November 1991) of the consultancy report made on renew of organizational and management structures of ‘IMO’ (including Technical cooperation committee) ‘Assembly’ then endorsed the plan of the secretary general to conduct an advisory group meeting in January 1992 for all members states, to renew recommendations and consider all the implications of ‘IMO’ so that action plans could be developed computer data study and possible link with electronic transmissions of mail and documents was taken in November 1991. This was further adopted by the ‘Assembly. Relations with Nongovernmental organizations November 1991: Assembly approved grant of consultative status to the following non governmental organizations. International Bar association (IBA) International Ocean Institute (IOI) Green peace international

The protection of the Marine environment is of utmost importance today. Discuss. (a) How would you as a C/E of a tanker ensure protection of the environment by compliance with the various Regulation of MARPOL 73/78 Annex 1 for prevention and control of pollution at sea? (b) State requirement for compliance under Annex VI of MARPOL 73/78. Ans. Annex – 1 Regulations for the prevention of pollution by oil which entered into force on 2 nd October 1983 and, as between the parties to MARPOL 73/78 supersedes the International Convention for the Prevention of Pollution of the sea by oil, 1954, as amended 1962 and 1969 which was then in force. Prevention of pollution methods & aids involved are:1. IOPP Certificate International oil pollution preventions certificate is issued after initial survey before the ship put in service or renewal survey in accordance with the provisions of regulation 6 of this annex, to any oil tanker of 150 gross tonnage and above and any other ships 400 gross tonnage and above which are engaged in voyages to ports or offshore terminals under the jurisdiction of other parties to the present on. Such certificate shall be issued or endorsed as appropriate either by the Adm or by any persons or organization duly authorized by it. In every case Adm. Assumer full responsibility for the certificate & valid for maximum 5 years. 2. Tanks for oil residues (sludge) Reg. 12 Every ship of 400 GT & above shall be provided with a tank or tanks of adequate capacity having regard to type of machinery and length of voyage. Piping to and from the sludge the shall have no direct connection overboard other than standard discharge connection. 3. Standard discharge connection Reg. 13. To enable the pipes of reception facility to be connected with the ships discharge pipeline for residues from M’ of bilges and from sludge tanks must have standard discharge connection. OD – 215 mm, ID – According to pipe OD, PCD – 183 mm, Flange thickness – 20 mm. 4. Oil filtering equipment Reg. 14 / Reg. 31. Any ship above 400 GT & less than 10,000 GT shall be fitted with 15 PPM oil filtering equipment which must be Adm. Approved.

Any ship above 10,000 GT must have 15 PPM equipment with oil discharge monitoring system with alarm when it exceeds level and automatically stops discharging O/B by either P/P stop or 3 way v/v. Equipment must be Adm. Approved oil discharge and control system. No discharge in Antarctic Area is allowed. 5. Oil record book part – I Reg. 17 (machinery spares) Reg – 34 part II Cargo / Ballast operations every oil tanker 150 GT & above and every ship of 400 GT & above other than oil tanker must have ORB Part - I which must indicate transfers tanker to the, bunkering LO & FO, collection & disposal of residue, discharging O/B through approved equipment or to reception facilities must be recorded. Part – II must be kept updated for ballast / cargo operation on each occasions on the case loading oil cargo, internal transfers, unloading oil cargo, ballasting cleaning of cargo tanks including crude oil washing, de-ballasting excluding SB tanks, discharge from slop tanks through ODMCS, disposal of residues for reception facility must be recorded. 6. Segregated Ballast tanks Reg. 18 Every crude oil tanker of 20,000 tonns DW 7 above and every product carrier 30,000 tonns DW & above delivered after 1st July 1982 must have segregated ballast tanks. 7. Double Hull & Double Bottom Requirements for oil tankers delivered on or after 6 th July 1996 Reg. 19 Oil tanker 600 tonnes DW 7 above delivered on or after 6th July 1996. Every oil tanker 5000 tonnes DW & above must have protective location of segregated ballast spaces & should be protected against progressive flooding. Entire cargo tank length shall be protected by ballast tanks or space other than tanks that carry oil . i) Wing the or spaces DW w = 0.5 +

(m) or w = 20m 20,000

Whichever less. ii) Double bottom the or spaces

Min w = 1m

h = B\ 15(m) 01 h = 2.0 m whichever less min h = 1.0m. 8. Double hull & DB requirements for oil tankers delivered before 6th July 1996 Reg. 20 Cat 1 tanker to be phased out with single hull by 1 st April 2005 which built before 6th July 1996. Single Hull tankers cannot carry HGO Reg. 21 Prevention of pollution from oil tankers carrying HGO. 9. Pump room bottom protection Reg. 22 This regulation for oil tankers 500 tonnes DW & above constructed on or after 1st Jan 2007 h = B/15 or h = 2.0 m whichever less mini h = 1.0m 10. Accidental oil out flow performance Reg. 23 To be dealt with oil flow discharge oil tankers delivered after 1st Jan 2010. 11. Oil tankers of 150 tonnes & above shall be provided with slop tanks except for tankers having voyage less than 72 hrs. & with is 50 nautical miles. 12. Crude oil wasting requirements Reg. 33 Oil tankers 20,000 DW 7 above delivered after 1st June 1982 must have cow system class approved and RO. 13. Shipboard Oil Pollution Emergency Plan Reg. 37 Administration approved 50 per plan should be there for tankers 150 GT 7 above and others 400 G & above. 14. Reception Facility Reg. 38 The Government of each party to the convention to ensure provisions at loading terminals, repair ports, in other parts where ship have oily residue to discharge must have reception facility without delaying ship. b) Annex VI Prevention of air pollution form ships.

An International Air Pollution Prevention Certificate shall be issued for the ships of 400 GT & above and every fixed and floating drilling rigs and other performs by the Administration, which shall not exceed 5 years. In initial survey before the ship is put into service or before the certificate required under reg. 6 of this Annex is issued for the first time. This survey shall be such as to ensure that the equipment, system, fittings, arrangements and material fully comply with the applicable requirements f their Annex. 2. Ozone depleting substances Reg. 12 Deliberate emission of ozone depleting substances shall be prohibited unless saving life at sea or due to accident or breakdown of equipment. Deliberate emissions include emissions occurring in the course of maintaining, servicing, repairing or disposing of system or equipment. New installation which certain ozone depleting substances shall be prohibited on all ships, except that new installations containing hydro chlorofluorocarbons (HCFC’s) are permitted until 1st Jan 2020.  These substances should be collected properly and delivered to the reception facility ashore. 3. Nitrogen Oxide (NOx) Reg. 16. This regulation applier to each engine 130 kw & above O/P installed on ship constructed after 1st Jan 2000. or the diesel engine goes major conversion after 1 st Jan 2000 . Major conversion means 10% change in MCR. His regulations will not apply to emergency generator lifeboat engines and any device or equipment which to be used solely in case emergency or costal voyage vessels which must have alternative Nox control provision set by Administration. Nox Limits from the engines should be following: i) 17.0 g/kwh the engines should be following: ii) 45.0 x n-0.2 G/kwh when n >130rpm n