Theory

Q 1) EXPLAIN THE FOLLOWING TERMS a) CHARTER PARTY  A charter party is a document containing the written terms of a charter agreement between ship owner and charter  It defines the obligations, rights and liabilities of the ship owner and charters  It is usually drawn up by the broker representing the charters following negotiations and agreement of terms between the parties  It usually comprises a set of standard clauses on a printed form with rider clauses  It should be signed by the broker representing each party to the contract, unless their principals sign instead  Main type of charter parties are a) Bare boat charter or demise charter b) Voyage charter c) Time charter d) Special purpose charter b) FREIGHT  Freight is the remuneration payable by the charters to the owners for the performance of the contract  It is normally payable in accordance with the terms of freight clause which stipulates the amount of freight, time of payment, method of payment  It is normally payable in U.S. dollars for deep sea trades and but in local currency also for short sea trades  It must be paid under common law and in the absence of any term to the contrary, on delivery of the cargo to the consignee or his receiver at the agreed destination  It is often payable under charter party terms partially in advance eg. on loading, or on the issue of the B/L  It may be depend in amount of the in-taken weight of the cargo, the cargo volume, the cargo value etc  It is not payable unless the entire cargo reaches the destination, even if not the carriers fault  It is not payable if the owner breaches the contract, but if cargo is delivered damaged, however full freight is normally payable and a separate claim to be made by the owner c) LAY TIME  It is defined as the period of time agreed between the parties during which the owner will make and keep the vessel available for loading and discharging with out additional payment other than freight  It is the time allowed to the charters for cargo operations with out additional payment

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 It may be separate for load/ discharge ports  It may be of three types a) Definite lay time – definite time period will be stated in charter party eg. 6 days, 72 hours b) Calculable lay time – it must be determined by making a computation from information in the charter party Eg. where the cargo weighing 20,000 T is to be loaded at a rate of 10,000 T/day, then lay time is 2 days c) Indefinite lay time – the charter party may state that the cargo is to be loaded with ‘customary dispatch’ or ‘customary quick dispatch’ or as fast as the vessel can receive d) BILL OF LADDING A bill of lading is  A receipt for goods either received (before shipment ) or shipped on board  A good evidence of existence of terms of contract between shipper and carrier  A document of title signifying the holder has the legal right to procession of goods  A negotiable document i.e transferable to a third party so as to effect transfer of title of goods  It is usually issued by carrier i.e a ship’s master acknowledging that specified goods have been received on board as cargo for carriage to a named place for delivery to the consignee who is usually identified  A typical B/L may contain a) Ref. number b) Name and address of shipper and consignee c) Ports of loading and discharging d) Name of the vessel e) No. and kind of vessel f) Gross weight g) Description of goods h) Place where freight is payable i) Number of original B/L j) Place and date of issue k) Signature of carrier/master l) Carrier’s standard terms and conditions d) OFF HIRE CLAUSE  it indicates that the hire(owners remuneration payable by charters) is temporarily suspended when vessel is not available for his services when there is no fault of the charters ( eg. accidents and break down of machinery  it is often included in charter party agreements which contain the conditions in which vessel

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goes off-hire and come back on hire after the condition expires e) CONTRACT OF AFFREIGHTMENT

 It is essentially a contract to satisfy a long term need for transport, most often for iron ore and coal in bulk  It is an agreement between charters and ship owners(carrier) for the carriage of a specified(often large) quantity of specified goods between specified places over a specified (usually long ) period by a vessel’s type and size stipulated by the charters but which nominated by the owners  In summary  Owner agrees to transport an agreed volume of cargo over a specified period  The charter’s nominate cargoes and loading dates  The owners nominate suitable vessels f) BARE BOAT CHARTER  some times called by demise charter or a charter by demise  is a contract of hire(lease) of a vessel for an agreed period during which charters acquire most of the right of the owners  the vessel owner put the vessel(with out crew) at the complete disposal of the charters and pay the capital costs, the charters have commercial and technical responsibility for the vessel  generally banks and finance houses do this g) LLOYDS OPEN FORM  It is a standard legal document for a proposed salvage operation  It should be used when a marine environment is at risk and master has insufficient time to request the owner to arrange salvage services on a pre-agreed rate of sum  It is single sheet(2 page) document in a simple format(LOF 2000 form)  LOF 2000 form contains numbered boxes as below 1. Name of the salvage contractors 2. property to be salved (vessel name) 3. agreed place of safety 4. agreed currency 5. date of agreement 6. place of agreement 7. Is SCOPIC clause is incorporated-- yes/no 8. name and signature of contractor 9. name and signature of master / on behalf of property

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h) GENERAL AVERAGE AND PARTICULAR AVERAGE General average: i. A general average loss is a partial loss incurred through a deliberate act with an intension of preserving all the property involved from a peril ii. The essential elements of G.A are 1. There must be a sacrifice or expenditure 2. The sacrifice or expenditure must be extra ordinary 3. The sacrifice or expenditure must be intentional 4. The sacrifice or expenditure must be reasonably made 5. The sacrifice or expenditure must be made for the common safety 6. The sacrifice or expenditure must be made for the purpose of preserving the property from peril PARTICULAR AVERAGE a. A partial loss, proximately caused by the peril insured against and which is not a G.A b. The insured perils in a H&M policy are listed in perils clause i) TREATY CONVENTION AND PROTOCOL Treaty  It is written agreements between two states(bilateral) or between a number of states (multilateral), which is binding in international law  Treaties are binding only those states which are parties to the convention  Treaties are generally first drafted, adopted by a conference, then signed for ratification or accession Convention  Means coming together for a common objective  Multilateral treaty documents  Chief instruments, legal binding  Are identified by a name and year of adoption  It contained detailed technical provisions attached in annexes  May have technical provisions in associated code  A member state which ratifies or accedes to a convention is obliged to give effect to it by making it in national laws

PROTOCOLS  Are important treaty instruments made when major amendments are required to be made to a

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convention which though already adopted, has not entered into force Q 2) What are P&I clubs? How P&I clubs collect funds from ships what are the risks covered under P&I  P&I clubs are insurance mutual or clubs which provide collective self insurance to its members  P&I stand for protection and indemnity  It provides ship owners and charters various classes of cover eg. protection and indemnity(class 1)  And freight demurrage and defense(class 2)  It covers third party liabilities and expenses arising from owning ships or operating ships as principals  A group of ship owners will form a club which day to day management is done by professional mangers ‘no profit’ clubs  It includes 13 international clubs and 4 associate clubs  Each P&I club sets a premium rating for an individual owner reflecting the risks against which he requests cover, his fleet ship types, ages gross tonnage, members previous claims records  The member is advised of his total estimated call for the next 12 months comprising of an advance call and an supplementary call. The advance call(about 80 %) is levied on all members at the start of P&I year i.e. 20th Feb. later in the year if claims have been heavier than expected, the managers will ask members for supplement call(about rest 20%) P&I CLAIMS  The claim of first $5 million will be met by individual club it self  In excess of $ 5 million up to 30 million, the claim is divided among the members in international group of P&I clubs (including club making claim)  The excess of pool limit up to up to $2000 million, international group arranges an excess of loss reinsurance contract  For oil pollution limit is $1000 million  If a claim exceeds upper limit of excess upper limit of excess of loss contract i.e. $2000 million, it will fall back on the pool and be borne by each club prorate according to its entered tonnage such a claim is called ‘over spill claim’ and would be funded by each club either from club reserves or special ‘over spill call’ is limited to 4.25 billion Risks covered by P&I clubs 1. Cargo claims( short delivery, loss or damage to cargo) 2. Crew claims (medical expenses, repatriation, substitute expenses, compensation for death or

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3. 4. 5. 6. 7. 8.

9.

injury) Collision liabilities ( to the extent H&M does not cover) Damage to fixed and floating objects(damage to docks, wharfs buoys etc) Third party injury and death claims(stevedores, passengers, crew members) Oil pollution liability( including pollution by other substances) Special compensation as payable under article 14 of international convention on salvage 1989 including payments assessed under SCOPIC clause Miscellaneous claims  fines for innocent breaches of contract  diversion and expenses incurred for landing refuges, sick persons and stoways  contractual liability of customary towage  unrecoverable G.A contribution  salvor’s expenses under LOF  wreck removal  FD & D cover indemnifies members for legal and related expenses incurred in connection with disputes under charter parties and other contracts which is defined in club’s rules Fines – custom, immigration, failure of proper documentation on board/ safe working condition, conduct of crew etc.

LIMITS AND RESTRICTIONS OF P&I COVER 1. Liabilities arising during towage of an entered ship may only be covered if members has become liable under the terms and conditions of the contract 2. when members vessel is towing other vessel loss or damage to tow, or cargo is only covered if towage contract has been approved by managers 3. liabilities arising under indemnities in respect of delivery of cargo requested at a port other than stated in bill of lading or with out production of bill of lading may be covered only if the terms of indemnities are approved by the club 4. liabilities to crew under the crew contract is covered only if contract is approved by the club 5. liabilities arising under B/L are normally covered only if they are subject Hague/ Hague-Visby rules 6. pollution liability up to $1000 million / each accident 7. clubs will not normally cover a) Ad valorem bill of lading b) Deviation c) Delivery of cargo at port other than specified in contract of carriage d) Delivery of cargo with out B/L e) Antedated / post dated B/L

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f) Clear bill of lading for damaged cargo g) Deck cargo carried on terms of an under deck B/L h) Arrest of detention of an entered ship. Q 3) What are the principles of modern salvage law? What is G.A, explain in context of G.A a) Entitlement b) Artificial adjustment c) Contestation Salvage occurs when a person in the absence of a contractual or legal obligation volunteers to exert efforts to preserve or save a vessel or its contents from peril once the property has been successfully salved, the salvor is entitled to recover salvage remuneration not surprising the value of the property so salved. This value is determined at the time and place the salvage service is concluded. But in the absence of success, salvor is entitled for nothing this is famous principle ‘No Cure No Pay’ In salvage convention 1989, remuneration criteria for salvor has been defined in article 13 and 14 Article 13 – criteria for fixing reward to include inter-alia salvor’s skill and effort in minimizing environmental damage Article 14 – special compensation to be awarded to salvor if i. Threat to environment ii. Loss of vessel / insufficiency of reward under article 13 iii. Salvor’s efforts have resulted in preventing / minimizing environmental damage in costal / inland waters iv. Special compensation consists of reasonable out of pocket expenses and a fair rate of equipment + 30% to 100% SCOPIC clause was drafted and introduced into LOF as an alternative to article 14 1) Salvor has to invoke SCOPIC clause 2) No need to prove environmental threat and geographical restriction 3) Owner must provide security for $ 3million with in two working days 4) Rates are based on time and material plus an uplift of 25 % in all cases 5) Owner and salvor both have option to terminate SCOPIC 6) Owner has the right to send causality representative 7) Under writers have the right to send special hull and machinery representatives General average As per rule A of York- Antwerp rules 1994 “There is 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

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form peril the property involved in a common maritime adventure i.

Entitlement to general average  The G.A. act was usually ordered by the master originally, but now York – Antwerp rules does not restrict this power to master alone but ship owner / agents on behalf of owners can order G.A act  The carrier must not have been at fault in law other wise claimant is not entitled to obtain contribution from other parties  There must be a casual connection between the loss and the general average act i.e. losses occurred due to direct consequences of the general average act shall be allowed as general average  The onus of proof is upon the party claiming in general average to show that the loss or expense claimed is properly allowable as general average

ii.

Artificial General Average  Artificial general average is the granting of a claim for general average even when one of the five basic principles of general average found in rule A of York – Antwerp rules of 1994 is not present. The creation of artificial G.A. was a part of the slow evolution favoring ship owners  Peril did not have to be immediate, but real and not imaginary  Claims for G.A were originally for jettison of cargo cutting away of masts/anchors carried out for the common safety in order to avoid imminent ship wreck caused by the peril. In 1890, the expenses for which the carrier could claim were expanded by rule X(b) to include cost of discharging cargo at a port of refuge when the discharge was necessary for the common safety or to permit repairs necessary for safe prosecution of voyage.

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Adjustment Of General Average  The lettered rules and numbered rules of York – Antwerp rules to be apply for the adjustment of G.A. Except as provided by the numbered rules, G.A. shall be adjusted according to the lettered rules  The process of adjusting a general average sacrifice or expenditure begins with the declaration of G.A which is made by the ship owner through the underwriters  G.A claims must be submitted in writing to the G.A adjuster with in 12 months of the date of termination of the common maritime adventure  If cargo has been sacrificed, ship owner must obtain security form other cargo owners before discharging. The security may be in the form of ‘G.A bond’ or an under taking from the cargo under writer

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 G.A is adjusted at the place where voyage terminates according to the law applicable there, if there is no clause on general average in the contact of carriage. The contract usually provides for G.A adjustment as per rule G of York – Antwerp rules, 1994  The adjustment is made by ‘average adjuster’ who is appointed by the ship owner to collect all facts regarding incidents, collect guarantee from various parties before cargo is discharged and to ensure payments of the contributions  The value of property scarified for the common safety and the corresponding contributory values of the ship and remaining cargo are measured as at the date of discharge or at the port of destination i.e. a fraction x = G.A. expenses___________________________ total value of property saved at destination Each contribution from party is calculated as the ‘fraction X’ multiplied by each value of property saved iv.

CONTESTATION OF G.A  The principle and calculation of G.A has been the subject of dissatisfaction in recent years for six main reasons 1) Exoneration of carriers for fault of the crew as in regarding civil liability carriers are liable for all damages due to fault of crew 2) The interpretation rule – gives numbered rules precedence over lettered rules, thus four of the five basic principles of G.A in rule A has no effect if a lettered rule contradicts any one of them 3) Emergence of marine insurance – all parties insure against G.A. contribution as the risk involved is high 4) Expenses and delay in G.A. adjustments 5) Contribution collection problems 6) In case of small G.A – adjusters found it quite un-remunerable

Q4) Reasons for bulk carrier losses and amendments of SOLAS 74 – chapter XII to reduce losses  Cargoes with density above 1780 kg/m3 are known as heavy cargoes and density above 1000 kg/m3 are known as lighter cargo  The losses for bulk carrier losses are due to  Inability to with stand flooding : if a ship is flooded in the forward hold, the bulk head between the two foremost hold may not be able to withstand the pressure caused by the combined effect of water and cargo especially if the ship is loaded in alternative holds, if the bulk head between the hold give away, progressive flooding may take place and

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   

   

ship may sink in the matter of minutes Shifting of cargo inside hold(grain): due to ships rolling and pitch, grain may shift causing the ship to list and in some cases even capsizing the ship Corrosion/material wastage: moisture in cargo with sulphur producing sulphuric acid which may seriously aggravate the condition of corrosion Fracture /buckling/deformation: the inability of the side structures to withstand the combination of local corrosion fatigue cracking and failure Springing factor: use of H.T steel for construction reduced the plate thickness from 2429 mm to 20 mm. since H.T plates are thinner so they are more likely to reach the fracture point due to a phenomenon known as ‘springing’ because the ships were flexible and tend to vibrate with short sea waves Age of the ship: Large hatch covers: It reduces torsional resistance of the ship Loading pattern : dense cargoes like iron ores are loaded in alternative holds to reduce its roll motion and to raise C.G of the ship Effect of waves and seawater on hull:

  Following the losses of bulk carriers in early 1990’s IMO in 1997 adopted new chapter on SOLAS XII – ‘additional safety measures for bulk carriers’ this entered into force on 1st July 1999  Regulation 4  Bulk carriers of 150 m or more lengths, constructed on or after 1st July 1999 designed to carry cargoes with a density of 1000 kg/m3 and above when loaded to the summer load line should have sufficient strength to with stand flooding in any cargo hold in all loading conditions and remain afloat in a satisfactory condition of equilibrium (single side skin construction)  Bulk carriers of 150 m or more length of single side skin constructed designed to carry cargoes with a density of 1780 kg/m3 and above constructed before 1st July 1999 when loaded to summer load line be able to with stand flooding of the foremost cargo hold in all loading conditions and remain afloat in a satisfactory condition of equilibrium  Regulation 7  As per IACS guidelines, during special surveys the bulkhead between No.1 and No.2 holds at the forward end of the vessel and the double bottom at this location must be thoroughly checked for strength and thickness and reinforcement to be carried out if necessary  Regulation 8  Any restrictions imposed on the bulk carriers carrying cargo of density 1780 kg/m3 and above shall be permanently marked on the side shells amidships, port and starboard

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with a solid equilateral triangle  Regulation 11  loading instrument capable of providing information on hull girders shear force and bending movement  Regulation 12  require fitting of water level detectors in each cargo hold with audible and visible alarm  in any ballast tanks forward of bulk heads – alarm  in any dry or void space which extends forward of foremost cargo hold – alarm  Regulation 13  The means of draining and pumping ballast tanks forward of collision bulkhead and bilges for dry spaces any part which extends forward of the foremost cargo hold shall be capable of being brought into operation from a readily accessible enclosed space  In Dec.2004 MSC adopted a new text for solas chapter XII incorporating revisions to some regulations and new requirements relating to double skin bulk carriers  Regulation 14  deals with restrictions from sailing with any hold empty and requirements and requirements for double side skin construction (for new bulk carriers 150 m or above, carrying solid bulk cargoes with density of 1000 kg/m3 and above)  mandatory standards and criteria for side structure of bulk carriers of single side skin construction, standards for owners inspection and maintenance of bulk carriers hatch covers  Additional  The provisions for suitable means of access for inspection for various spaces (Ch. II – 1/3 – 6)  Freefall life boats (regulation 31 , Ch. –III) Q 5) As per the marine insurance act, write short notes on the following a) Deviation b) Warranties c) War risk clause d) Charter’s contribution clause a) Deviation There is a deviation from the voyage contemplated by the policy when: i. The course of the voyage is specially stated by the policy and is departed from

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ii. The course of the voyage is not specially stated by the policy but the usual and customary route is departed from  The effect of deviating is that any loss arising during or after the deviation will be borne by ship owner  When a ship with out any lawful excuse, deviates from the voyage contemplated by the policy, the insurer is discharged from liability from the time of the deviation and is immaterial that the ship may have regained the proper route before any loss occurs, the insurer has no further liability from the movement of deviation  Deviation is excused if i. Where authorized by any special term in the policy ii. Where circumstances beyond the control of the master iii. Where reasonably necessary as to comply with an express or implied warranty iv. Where reasonably necessary for the safety of the ship or subject matter insured v. For the purpose of saving human life or aiding a ship in distress where human life is in danger vi. Where reasonably necessary for the purpose of obtaining medical or surgical aid for any person on board vii. Where caused by barratry of the master/crew if barratry is an insured peril b) Warranties  Warranty is a promissory by which the insured undertakes as part of the contract that a specified state of affairs will continue to exist through the duration of the policy  Any breach of warranty makes the policy null and void from the time of the breach There are two types of warranties implied and express warranty  An express warranty must be written into the policy or into document attached to the policy with reference E.g. vessel to be maintained with a particular classification society “warranted LR class and class maintained”  An implied warranty are not written into the policy but are implied by law to exist in the contract. They must be strictly complied with the same way as express warranty  Warranty of seaworthiness in voyage polices: in a voyage policy there is an implied warranty that at the commencement of voyage the ship will be seaworthy for the purpose of the particular voyage “ sea worthy means reasonably fit in all aspects to encounter the ordinary perils of the sea of the adventure insured” In a voyage policy on goods or other movables there is an implied warranty that at the commencement of the voyage, the ship will be seaworthy and reasonably fit to carry the goods to the destination stated in policy  Warranty of seaworthiness in time polices : in time polices there is no implied warranty

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that the ship will be seaworthy at any stage of the adventure, but if ship is sent to sea in an un-seaworthy state with the knowledge and consent of assured, the insurer is not liable for any loss attribute to seaworthiness  Warranty of legality : There is an implied warranty that the adventure insured is a lawful on and adventure will be carried out in a lawful manner if the adventure is illegal at the time the insurance is effected, the policy will be void e.g. drug—running trips, gun running trips, voyages to countries or ports subjected to a U.N. embargo c) War risk clause  Normally H&M polices excludes loss, damage, liability or expense caused by war, revolution etc. under writers will not pay claims incurred in these circumstances  War risks can be obtained by taking out additional ‘war risk cover’ on which institute war risks clauses would be attached to the policy  Alternatively cover can be obtained from P&I clubs it excludes loss or damage due to atomic/nuclear weapons d) Charterer’s Contribution Clause : it is usual in modern shipping that charterer enter in to a charter party according to which charterer would be liable for the loss or damage of the vessel a) Charterer contribution for damage of hull – it is not a standard P&I cover but can be obtained from charter’s P&I club or fixed premium underwriters b) Charterer’s contribution towards cargo claims – cargo claims are to be settled between owner’s and charterer’s in accordance with interclub agreement, claims may be allocated to 100% to either owners or a pro-rata allocation. Q6) what are the primary strategies for coping up stress effected personnel? How can these elements are best implemented in ships personnel motivating them for better team work.  Stress is one of the primary ingredients for modern life. Increasing pressure, expectations, targets, deadlines are prevalent on every aspect of life, which lead to increasing mental and physical stress in personnel  Stress can create positive or negative feeling as a positive influence stress can help compel us to action, can result in a new awareness and exciting new perspective. As a negative influence, it can result in feeling of distrust, rejection, anger and depression, which in turn can lead to health problems, such as head ache, stomach upset, rashes insomnia, ulcers high blood pressure, heart disease, and stroke.  'Stress cannot be eliminated completely, we have to learn how to manage it and how to use it to our advantage, different stress levels are associated with different work environment, insufficient stress beings boredom and feeling of dejection. Excess stress brings a feeling

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of “tied up in knots” optimal level of stress will individually motivate but not overwhelm us. If there is no pressure of work people will be sitting idle and there will be no motivation as such  Management of stress can be done in following steps 1. become aware of your stress factor and your emotional and physical reactions 2. recognize what you can change 3. reduce the intensity of your emotional reactions to stress 4. learn to moderate your physical reactions to stress 5. Build up your physical reserves – yoga, exercise, meditation, diet etc. 6. maintain your emotional reserves All the above actions helps in successful stress management  On board ships people work in isolation for months together. Also companies often employ multinational crew which may lead to various interpersonal conflicts  Man power are very less resulting in more work load on individual  All the above factors make work environment more stressful as considered to other fields of work  Elaborating on above mentioned strategies we can see that the basic strategies for coping with stress effected personnel are: Efforts to increase physical and mental prepardness  By yoga, exercises, meditation, diet etc  Creative diversions for emotional enrichment by art, music, movies etc  Identifying basic problem leading to stress and working together to minimize them  Introspection and examining ones own contribution to stress affecting others  Avoidance of isolation when ever possible  Regular communication with friends, colleagues, and family  Update knowledge and skills as per changing technological environment  As an officer of management level on board the ship, one of the most important jobs of a C/E is to ensure that his staff is working efficiently, which is not possible if they are affected by stress, The chief engineer can provide emotional support by various ways and means which are as follows  Allotting different types of work to avoid monotonocity  Speaking to them and discussing regarding their problems onboard or at home  Providing enough hours of rest, to all personnel, this is also required by ILO rules  Ensuring proper living and working environment  Stress in personnel can be addressed through the following, which also create motivation

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 Feeling of loyalty – creating grater trust, better communication and sharing problems,

the sense of belongingness will motivate the person to work as a team  Understanding needs / grievances – with respect money/wages, appraisal/promotion, special recognition for good work, crating a transparent atmosphere, so that no ambiguities remain  Rewarding performance – motivation to hard workers  Ego is key factor in motivation – praise people when deserved  Make responsible – makes a person feel important  Encourage interaction – reduces interpersonal conflicts  Providing enough rest hours  Make proper plans/guidelines for work and provide necessary resources  Sharing work load  Given every thing, lastly the strategies of coping with stress effected personnel may vary with different people, but the basic elements remain the same every where.

Q7) Explain PSC inspection underline its authority for exercising basis of such inspection – Enumerate relevant regulations, articles and annexes of SOLAS 74, load line 66, MARPOL 73/78, STCW 95 and tonnage 69 which form provision for PSC  All ships engaged in commercial trading need to be registered on country which identifies its owners. The country of registration is known as “flag state” it is the duty of the flag state to ensure all its ships flying their flag sate to ensure all its ships flying their flag is safely constructed, equipped and maintained as per relevant regulations of IMO and ILO  But ship trade internationally and have to call at various ports all over the world and many ships may not call their flag state ports, so it makes inspection of ships by flag state to ensure compliance with rules regarding safety, maintenance, manning etc impossible so it is imperative that ships must be inspected at various ports to ensure compliance. This is termed as port state control(PSC)  The fundamental aim of the PSC is to supplement the inspections by the flag state and eliminate sub-standard ships in order to ensure safer ships and cleaner oceans it includes boarding, inspection, remedial action and possible detention under the applicable conventions  The key elements of PSC are a) Ensuring compliance with international rules regarding safety, marine pollution and working environment b) Detaining substandard ships until deficiencies are rectified c) Implementing a mutually agreed inspection rate of all visiting vessel (normally 25 %) d) Applying a targeting system for back-list vessels

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e) Mutual agreement with various neighboring states for better surveillance

f) Providing technical assistance and training if required.  Port state control can be applied to not only to those countries who are party to the conventions but also to ships of some states which has not ratified a convention thus no ship is exempt from inspection, because the principle of “no more favorable treatment applies”  The relevant regulations articles and annexes which form provisions for PSC are: 1) SOLAS 74/78  Regulation I/19 – general provisions/control  Regulation IX/6 – management of safe operation of ships/verification  Regulation XI/1-4 – special measures to enhance maritime security/control and compliance measures 2) MARPOL 73/78  Article 5 – certification and special rules on inspection of ships  Article 6 – detention and violations and enforcement of the convention  Annex I – regulation – 11 – PSC on operational requirements  Annex II – regulation – 16 – PSC on operational requirements  Annex III – regulation – 8 – PSC on operational requirements  Annex IV – regulation – 13 – PSC on operational requirements  Annex V – regulation – 8 – PSC on operational requirements  Annex VI – regulation 10 – PSC on operational requirements 3) Load line 66  article 21 – control  Verification of valid international load line certificate a) The ship is not loaded beyond the limits allowed in certificate b) The position of the load line of the ship corresponds with the certificate c) The ship is not been so materially altered to make it unfit to proceed to sea with out danger to human life 4) STCW 95  Article X – control (verification of all certificates of seafarers)  Regulation I/4 – control procedures 5) Tonnage 69  Article 12 – verification of tonnage certificate/control 6) ILO Convention  No: 147 Gives provision for PSC Q8) Differentiate between third party liability and contractual liability. When may the ship

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seek to limit his liability? List the persons entitled to limit liability and claims entrusted  Third party liabilities: are those liabilities which are caused to any other persons or his property not included in any contract  Contract takes place between two parties hence any third person not a member of this contract is a third party  The ship owner also possess third party liabilities which is caused by his ship during maritime adventure hence he should limit is liability (third party) with regard to  Collision liability which is not covered in H&M policy  Liability of damage for the cargo of the vessel if collided  Liability of damage for fixed and floating installation  Pollution liability, clean up costs, other person’s property  Third party injuries, death claims  Costs involved in saving life at distress  Expenses incurred in landing refugees, sick persons, stowaways  Breaches of regulations  Unrecoverable G.A contribution  Any other claims by third party  For each defined peril ship owner can take insurance cover, more cover means more premium  It is not mandatory of either party to take any type of policy except ‘civil liability for oil pollution damage’  Contractual liabilities : are those liabilities arising due to a contract with a second party.

The various contracts a ship owner undertakes are: 1) With employees 2) With flag state for compliance of national and international regulations 3) With local agents 4) With salvor and tugs etc 5) With cargo owners for safe carriage of cargo 6) With stevedores/ shore workers 7) With class 8) with pilot 9) with charterer 10)with repair work shop etc  ship owner like to limit his liabilities under these contracts 1) Employees: under takes that he will provide safe plant equipment and safe working environment and their due care, hence he would limit his liability with regards to

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a) their medical expenses b) compensation for death/injury c) any breaches intentionally/unintentionally by employees 2) Contract with flag state: he register his vessel under flag state administration hence he undertakes responsibilities for safe operation and compliance with relevant conventions hence he would like to limit his liability with regards to a) any breaches caused by ship b) any fines imposed for non-compliance with documents, violation of rules and regulations c) oil pollution caused in their territory d) expenses incurred for rendering services to the state 3) Local agents: he appoints agents for meeting local requirements at port of call. He would like to limit his liability with regard to a) Agency fees b) Claims by agents c) Claims arises if agents breaches the contract d) Any damage/ injury caused to their personnel 4) Contract with salvor/tug: owner limit his liability with regard to a) Hire rate b) Damage caused to tug and their personnel c) Salvor’s award d) Any claims by salvor in rendering his services 5) Contract with stevedores or work shops a) hire rate b) injury/medical expenses c) damage loss to their equipments d) any other claim 6) contract with shipper: under takes ‘contract of carriage’ a) Loss/leakage/damage cause due to negligence of his employees b) Losses caused to cargo owner due to delay c) Losses caused to cargo owners due to delivery of cargo other than agreed destination d) Any claim made by cargo owner in this regard i.e. damage/loss/delay to cargo during the duration cargo was under custody of ship owner  convention on limitation of liability of maritime claims(LLMC) 1976 seeks to limit the ship owners liability for loss of life or personnel injury and property claims(damage to other ships, harbour etc) it declares that person will not be able to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent

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to cause such a loss or recklessly and with knowledge that loss would probably result(ship owner, salvor etc) Q 9) As a chief engineer describe the procedure you employ for bunkering at a port for ascertaining and receiving correct grade and quantity of oil from shore supplies in case of dispute regarding L.O/F.O received describe the actions you would take in these circumstances what are the applicable provisions under MARPOL 73/78 annex VI regulations. Ans. Procedures for bunkering at a port  Ensure bunker checklist is complied with before the operation  Pre-bunker meeting between members of bunker team is conducted prior the operation  When accepting the bunkers from a barge or terminal, the C/E should always check the local suppliers documents to make certain that the bunkers supply confirms in terms of quantity/fuel specification what has actually been ordered  The flash point, viscosity and other characteristics of fuel supplied should be checked to ensure that fuel is suitable for the vessel  The C/E or his representative should check the bunkers do not contain unacceptable percentage of water contamination the maximum allowed water content is 0.05% for gas 0.25% for L.O and 1.0% for fuel oil  The chief engineer and barge master should check the security of hose coupling on the bunker barge and receiver’s vessel and should agree upon pumping rate.  Barge master should show valid hose pressure testing certificate to the chief engineer  New bunkers should be segregated from the old bunkers on board as far as possible, if bunkers have to be mixed a compatibility test to be done  The sampling flange should be correctly fitted in place and sample should be a representative sample of the total delivery and ideally taken from by drip feed  After bunkering sample bottles to be sealed, dated and signed by both parties, four samples to be taken – one each for ship, barge, lab analysis and MARPOL sample Ensuring correct/delivery  It is the ship staff responsibility to ensure that the actual received quantity is exactly ad that which been ordered C/E or his representative should check barge sounding before and after pumping, then have to verify that actual quantity is received after using calibration tank tables with taking account of temperature variations  Flow meters should be checked before and after bunkering, flow meter reading can be converted into metric tones by using product’s specific gravity and adjusting for temperature corrections  At the same time all records of volume, temperature, trim, list no. of tanks on ship which

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are full or empty should be recorded and total quantity on ship should be noted before and after bunkering  Normally up to 1% discrepancy in quantity is tolerated and if exceeds ‘letter of protest’ must be written by master ad an independent surveyor to be called for investigation  If bunker figure received are satisfactory the bunker delivery note(BDN) should be checked to ensure that the information is included as per MARPOL annex VI regulation 18 a) Name and IMO number of receiving ship b) Port c) Date and time of commencement of delivery d) Name address and telephone number of marine fuel oil supplier e) Product name f) Sulphur content ISO 8217 g) Quantity in M.T ISO 3675 h) Density at 15 deg centigrade Bunker quantity disputes can arise due to  Measured volume of barge is different from BDN  Measured volume for barge is different from ship’s figure  Weight of bunkers delivery note calculated with incorrect density  High water content  Cappuccino bunker (air foam in bunkers) Bunker quality disputes  C/E should take care to ensure that bunkers supplied matches with specifications as per ISO 8217  BDN should be maintained for 3 years  Bunker sample should be sent to lab analysis  C/E should record all relevant information that can lead to machinery damage due to poor quality fuel  One set of ship’s sample should be retained on board for further investigation and litigation If there is dispute with regard to quantity and quality following should be done a) Records of initial tank soundings, oil transfer details final tank sounding should be maintained b) Location of tanks where suspected bunkers have been used c) Ullage sheets and bunker delivery receipts to be preserved

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d) Bunker samples to be preserved e) ‘Note of protest’ deck and engine logs must be preserved f) A record of chief engineer and crew members involved in bunkering operations to be maintained g) Name of those present at the time when bunkers samples have been taken h) The crew members involved in correcting any problems with substandard bunkers i) Owners must be notified promptly Applicable provisions under MARPOL annex VI are Regulation 13 – nitrogen oxides (NOx) For each diesel engine of 130 KW or more shall be complied with NOx emission criteria The NOx limits(as calculated as NO2) as follows i. 17.0 gm/KW-h when n< 130 rpm ii. 45.0 X n -0.2 gm/KW-h when n>130 and less than 2000 rpm iii. 9.8 gm/KW-h when n> or equal to 2000 rpm (n= rated engine speed) The fuel contains more nitrogen can attribute to exceed such limit when using fuel composed of blends from hydrocarbons derived from petroleum refining test procedure and measurement methods shall be in accordance with the NOx technical code Regulation 14 – sulphur oxides(SOx) a) The sulphur content of any fuel used on board ship shall not exceed 4.5 % m/m b) In SECA areas, sulphur content of the fuel used does not exceed 1.5% m/m Regulation 18 – fuel oil quality  The fuel oil used on board for combustion purposes shall be i. Free from inorganic compounds ii. Free from added chemicals substances a) Which are harmful to personnel b) Jeopardizes the safety of ships/machinery c) Contributes to additional air pollution  BDN – to be retained for 3 years  MARPOL sample – to be retained for one year  Local supplier – register Q 10) what are the UNCLOS provisions concerning ship’s flag and nationality? In observing the provisions of UNCLOS, what are the duties of the flag state and how they are enforced Ans. UNCLOS stands for United Nations conventions on laws of sea  It was basically an attempt to codify the international law of the sea

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 It is a treaty document of 446 articles, grouped under 17 heads and 9 annexes  It came in to force internationally on 16th November 1994  It sets the width of territorial sea as 12 nautical miles with contiguous zone as 24 nautical miles from base line  It also defines innocent passage through territorial sea and transit passage through international waters  It defines archipelagic states and allows for passage through archipelagic waters  Establishes EEZ as 200 nautical miles from the base line  Defines the legal status of being on high seas and establishes regulations of the control of marine pollution UNCLOS provisions concerning ship’s flag and nationality Part VII high seas Article 90  Every state coastal or land locked has the right to have it’s ship flying its flag on high seas Article 91  Every state must fix condition of ships for the grant of nationality of the registration and for the right to fly its flag  Ship’s have the nationality of the state whose flag they are entitled to fly  State must issue to ship’s flying its flag, documents to that effect  There should be a genuine link between the state and the ship Article 92  Ships must sail under the flag of one state and are subject to the jurisdiction of the flag state on high seas  The permission for the change of flag is given only in the case of transfer of ownership of change of registry  It also deems that a ship which uses two or more flags according to convenience will be treated as a ship with no nationality Article 93  It gives provisions for ships to fly the flag on UN or its agencies and IAEA(International Atomic Energy Agency) Duties of flag state Article 94

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 Each flag state to effectively exercise its jurisdiction and control in administrative, technical and social matters over ship’s flying its flag  Maintain a register of the ships  Assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect to administrative, technical and social matters concerning the ship  Take such measures for ships flying its flag as are necessary to ensure safety of sea with regards to: a) Construction, equipment and sea worthiness of ship b) Manning of ships, labour conditions, training of crew (STCW & ILO convention) c) Use of signals, the maintenance of communications and preventions of collisions  such measures include a) each ship is surveyed before and after registration by a qualified surveyor of ships and has on board such charts, nautical publications, navigational equipments and instruments for safe navigation of the ship’ b) each ship is in charge of master and officers who posses appropriate qualifications in seamanship, navigation, communications and marine engineering and the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship. c) The master, officers, crew are fully conversant with and required to observe the applicable international conventions like MARPOL, SOLAS, COLREG, GMDSS etc.  In taking above measures, each state is required to confirm to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance  A state which has clear grounds to believe that proper jurisdiction and control is not exercised by flag state may report to the flag state, upon receiving such report flag state may investigate that matter and if necessary to take remedial action  Every state must cause an enquiry by a qualified person/s into every marine casualty/ incident of navigation and caused loss of life/damage to other nationals or to a marine environment. The flag state and other states must co-operate in the conduct of enquiry Enforcement by flag state Article 217  States must ensure compliance of international laws such as UNCLOS for the protection of marine environment and must adopt regulations to ensure their compliance to all ships flying its flag  State must take appropriate measures to prevent vessel from sailing unless they are complying with international rules and standards regarding design, construction,

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equipment and manning States must ensure that their vessels are carrying onboard all certificates required by as per international requirements and must ensure periodical inspection of ships for compliance State must provide a investigation when its vessel commits a violation of international rules and regulations State should enforce its national laws if sufficient evidence is there against its vessel It should be prompt in responding to any request for information by any other state and it should inform competent international organization about action taken Flag state must fix adequate penalty for any vessel which violates the law and the penalty must be adequate in severity to discourage future violation

Q 11) Socio cultural differences have been an accepted fact in major merchant ships around the globe. Explain how such differences generate inter personnel conflicts and effective safety management, how they can be resolved on board for better team work. Ans. Major merchant ships trade internationally and also have multinational crew on board this environment on board is mostly multi cultural, crew from different cultures have different beliefs , values and attitudes this type of environment onboard can lead to difference in opinion/perceptions, which may can create problems on board,  while satisfying organizational needs people often tend to satisfy their own needs  individuals basically form part of groups and social systems,  Interpersonal conflicts create and unhealthy atmosphere on board and due to increasing work loads people tend to lose their peace of mind. This in turn results in reduction of concentration which may lead to accidents on board the ship hence a safety hazard  Conflicts may lead to problems then it  Hampers productivity  Lowers morality  Causes more continued conflicts  Causes inappropriate behavior  Strategies for resolution of interpersonal conflicts  Basic theories for interpersonal conflicts resolutions are 1. Lose – Lose  both parties lose a) Compromise b) Pay off one of the parties c) Arbitration d) Resort to beaureacratic rules 2. win – Lose One party attempts to marshal its forces to win and party loses

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3. Win – Win Most desirable strategy of conflict management in which both parties win Man being a social animal, individual have to interact with each other in day to day activities, given the differences in beliefs, values, attitudes and needs chances of interpersonal conflicts are always there Attitude and behavior are important traits and determine how one is accepted in a group. So like minded people mostly form a group, with in a group also there are differences in aims/goals which leads to chances of conflicts If a superior does not approve of a sub-ordinate who happen to be other cultural setup, the work environment deteriorates, although people work together work generally get hampered due to these perceived differences These conflicts onboard ship can seriously hamper not just team efforts but also affects the efficient running of the vessel. This can also become a safety hazard It can be said that interpersonal conflicts  Can be due to unnaturally competitive environment  Differences between values, goals, attitudes, culture and expectations  Stereo type behavior, stubbornness, unfair decisions or wrong judgment due to some prejudices  People taking undue advantage and not taking part in teamwork  Misunderstanding / faulty communications  EGO ‘I’ instead of ‘we’  Conflicts may threaten any continuing social and working relationship Interpersonal conflicts can be resolved by taking into consideration the nature of differences between the parties in the conflict. An amicable solution could be found by accepting differences with out conflicts. Measures should be taken to develop a cooperative relationship based on job related performance rather than on communal/ racial basis, this will motivate to work people as team Biased approach should be avoided A common language should be used for communication Individuals must be respected for their skills and efforts irrespective of their nationality and culture Regularly review job descriptions and explain to the employees Intentionally build relationship with all sub-ordinates Conduct training about interpersonal communication, conflict management etc Regularly hold management meeting Basically there is no thumb rule/formula to resolve conflicts and one should go by his own judgment and experience adopt strategies based on facts and not on prejudices for achieve trouble free, peaceful relationship, which would give positive results

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Q12) Explain the associated key factors and activities to ensure PMS on board ships and ISM code with the following terms a. Corrective action process b. Developing and improving maintenance records c. Systematic approach of maintenance d. Maintenance intervals e. Inspections Ans. The ISM code is intended to improve the safety of shipping and to reduce pollution from ships by impacting on the way the shipping companies are managed and operated Element 10 of ISM code: maintenance of ship and equipment 10.1 – The Company should establish procedures to ensure that ship is maintained in conforming with the provisions of relevant rules and regulations and with may additional requirements which may be established by the company 10.2 – in meeting these requirements the company should ensure that .1 – inspections held at appropriate intervals .2 – any non conformity is reported with its possible cause .3 – appropriate corrective action taken and .4 – records of these activities are maintained 10.3 – The Company should establish procedures in its safety management system to identify equipment and technical systems the sudden operational failure of which may result in hazardous situations The SMS should provide for specific measures aimed at promoting the reliability of such equipment or systems. These measures should include the regular testing of standby arrangements and equipments or technical systems that are not in continuous use 10.4 – The inspections and measures should be integrated into ship’s operational maintenance routine (PMS) The maintenance should in accordance with procedures based on relevant conventions, flag state instructions, classification societies guidance and company policy The associated key factors and activities to ensure successful PMS on board ship under ISM with following terms a) Corrective action process  Following the ISM audit non-conformities are identified the company is responsible for determining and initiating the corrective action needed to correct a non-conformity or to correct the cause of the non-conformity

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 Failure to correct the non-conformity with specific requirements of the ISM code with in the stipulated time period may effect the validity of the DOC and related SMC’s issued to the vessel. Corrective action and possible subsequent follow up audits should be completed  Depending on the nature and degree of non-conformity the master and ship staff to take corrective action by eliminating the cause of it  Element 9 of ISM code deals with reports and analysis non-conformities, accidents and hazardous occurrences  Element 4 of ISM code ensures that designated person ashore provide a link between company and those on board, ensuring adequate resources and shore support  b) Systematic approach of maintenance   Systematic approach to maintenance should be based on relevant conventions, flag state rules, classification society requirements and company policy  Maintenance procedures should include  Equipment manufacturer’s recommendations, procedures and time intervals between o-hauls  Condition monitoring equipments and routine maintenance  Availability of spares  Age of ship, equipment and condition  Risk analysis  Results of third party inspection  Related ISM procedures  c) Developing and improving maintenance procedures  With the improvement in technology and practical experience now some classification societies allow condition based monitoring as a tool for maintenance over routine maintenance based on time interval, running hours etc.  Basis for this condition monitoring system is continuous monitoring of data, data collection, recording and analyzing the trend over a period of time, this has to be approved by class and might request the data relating to concerned equipment to be send every month or once in 3 months for analysis. This development of maintenance has led to increased intervals between o-hauls reduced maintenance work on ship staff etc.  Maintenance related deficiencies are to be identified and corrective action need to be taken. Preventive action will be by modifying the procedure of maintenance and by reviewing the SMS concerning the same

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 The cumulative effect of identifying the non-conformity corrective actions and preventive actions will help in developing and improving the maintenance procedures d) Maintenance interval

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Makers recommendations, class company, policy Critical equipments and spares are to be identified Record of maintenance to be on board All manuals of equipments should be on board Condition base monitoring and maintenance is approved by class

e) Inspection  routine inspection to be carried out to assess the performance of the equipment and its operational readiness for the intended purposes  same is to documented as per element 11 of ISM code Q 13) A second hand single hull VLCC built in 1990 is to be taken over, the vessel is to be registered under Indian flag as C/E, owner’s representative, what aspects you would like for with respect to a) SOLAS 74 b) MARPOL 73/78 c) crew accommodation d) machinery/boilers e) previous survey report Ans. a) since government of India is a party to the convention SOLAS 74/78 C/E should look that the ship complies with the requirements of the above convention As per SOLAS CH – 1 – General Provisions: all the various statutory certificates are checked with its validity consequently at the time of registration MMD surveyors surveys the ship various certificates include a) GMDSS certificate, operation test of GMDSS b) Cargo ship safety construction or ( safety construction, safety equipment, safety radio) c) DOC and SMC d) International ship security certificate ISSC As per CH –II - 1 Subdivision And Stability, Machinery And Electrical Installation a) intact stability booklet b) damage stability booklet c) requirements covering Machinery and electrical installations are designed to ensure that the service that are essential for the safety of the ship and crew are maintained under various emergency situations d) provisions for ballasting and deballasting e) fore/aft peak tanks – condition of transverse bulkhead

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f) g) h) i)

machinery installations alternative machinery requirements in case of failure steering gear requirements/failsafe machinery alarms and trips

As per CH –II – 2 – Fire Protection, Fire Detection And Fire Extinction a) Restricted use of combustible material b) Fire control plan booklet c) Fire safety booklet d) Fire safety training manual e) FFA drawing plan f) Protection of means of transport g) Detection, containment and extinction of any fire in the space h) I.G system and fixed fire fighting appliances i) Fire pumps, emergency fire pumps and foam system As per CH – III - LSA and its arrangements a) LSA drawing plan b) Survival craft and rescue boat c) Life boat engine As per CH –IV – Radio communications a) Navigational safety equipment b) Light and sound signal plan c) Metrological equipment and its services d) SAR services and maintenance e) Operational test of GMDSS equipment As per CH –IX – 1 - Management of safe operations of ships a) Safety management system verified As per CH –XI – 1 special measures to enhance maritime safety a) Enhanced survey programme ( survey report – last dry dock) and any recommendations) b) CAS/CAP survey file c) Continuous synopsis record As per CH –XI – 2 Special measures to enhance maritime security a) ship security plan

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b) security alert system b) MARPOL 73/78  CAS survey requirements a) report of structural survey b) condition evaluation report c) thickness measurement report d) survey planning document  IOPP certificate  ORB part I and part II  SOPEP  ODMCS + operational manual  Hydrostatically balanced loading operation manual  IAPP certificate  ISPP certificate  Garbage management plan / garbage record book  OWS c) Crew accommodation  Condition of bulk heads, floors, over head decks, mess rooms, alley ways and cabins  Access to escape arrangements  Size of bunks (beds) and chair  Sanitary arrangements  Accommodation sealing arrangement with areas  Provision of LSA, FFA in accommodation  General alarm + P.A system d) Machinery / boilers  CSM report  Sea trails report  Overall status of various engine room and cargo gears  Fuel consumption data for M/E, A/E and boiler  Safety alarms and trips of all machinery  Boiler survey report (annually report after 8 years old)  Cargo pumps performance report  Last dry dock report  Critical spares / special tools / defect list

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e) Previous Survey Report  Check status of survey reports  All statutory certificates and mandatory certificates  Any condition of class imposed on vessel and corrective action taken  Document file  NOx technical file  Enhanced survey report file  CAS survey report file Q 14) Differences between Rules, Regulations, Protocols, Acts and Conventions adopted by IMO describe the process by which a draft proposal gets converted into a rule, administered by a maritime member country Ans. Rules: they are guide lines laid down to be followed in order to maintain harmony and uniformity Eg. Rules of the road – aid to navigation in order to avoid collisions at sea as per COLREG 1972 convention Regulations: they are the standards/conditions/requirements which are to be met in order to comply with a convention Protocols: it is an instrument by which developments are added to an existing convention which were not included in the parent convention Eg. Protocol 1978 to MARPOL 73, together known as MARPOL 73/78 Act: it is an action by which amendments are made to the convention Eg. Act of the STCW 95 conference amending 1978 convention Convention: it is one of the most important instruments developed by IMO  It is a multilateral treaty binding on the states who sign it  It formulates requirements/regulations/codes to be followed by signatory nations Eg. International convention for the safety of life at sea, SOLAS 1978 Adoption of a convention Developments in the shipping industry and other related issues are discussed in the committees or sub-committees which require adoption of a new convention or amendments to the existing ones  The proposal then goes to the council in a form of draft  The council forwards it to the assembly after checking  It is discussed in the assembly and if approved to proceed further on the topic it is sent to

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one of the five committee (appropriate committee) The committee works on it in greater detail and prepares a draft instrument. If required a sub-committee may be handling it or a specialized sub-committee consisting of representatives of the member states. The views and suggestions of intergovernmental organization and non-governmental organizations are also included The agreed draft instrument is sent to the council with a recommendation that a conference of members nations of IMO be convened to consider the draft for formal adoption The council sends copies of the proposed draft to member nations of IMO, UN, other agencies of UN, inter government and non-govt. organizations for the views and comments along with a invitation to send a representative for the conference to be convened to consider the draft proposal The proposed draft along with the comments/views are discussed in the conference, necessary changes made in order to produce a draft acceptance to all or to the majority of member nations present The corrected draft thus agreed upon is known as convention and is formally adopted by the conference and deposited with the secretary-general who sends copies to governments The convention is open for signature of all states, usually a period of 12 months A state may sign the treaty/convention ‘subject to ratification , acceptance approval’ it provides them an opportunity to ensure that necessary legislation in national law is enacted and thus becomes a part of the rule of the state

Q 15) with respect to PSC inspection what are the clear grounds and ISM related deficiencies for a PSC officer to conduct a detailed inspection what are the deficiencies leading to detention of ship and how to avert it. Ans. The port state control officer (PSCO) conducts a general inspection of several areas onboard to verify that the overall condition of the ship complies with that required by the various conventions, if valid certificates or documents are not on board of if there are ‘clear grounds’ to believe that the condition of a ship, its equipment or its crew does not substantially meet the requirement of a relevant conventions, a more detailed inspections will be carried out ‘CLEAR GROUNDS’ are evidences showing that the ship its equipment or its crew are not familiar with essential ship board procedures relating to safety of ships or prevention of pollution The clear grounds for a detailed inspection by the PSCO are a) Serious deficiencies in equipment or arrangements b) master and crew not familiar with essential ship board operations c) Evidence of inaccuracies in certificates, log books and manuals, ORB is not been

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properly maintained and absent d) Indications that crew members are not able to communicate adequately with each other e) Evidence that cargo work / bunkering are not been safely carried out f) Absence of up to date muster list, fire control plan and a damage control plan and evidence that crew members are not aware of duties during firefighting, abandon ship or security drills g) Excessively unsanitary conditions of the ship h) Evidence that serious detoriation of hull / structure effecting water tight / weather tight integrity of the ship i) A report of notification by another authority like pilot, harbour master, cargo surveyor etc. j) A ship has been accused of polluting in high seas k) A ship has been accused of grounding / collision /stranding etc l) Not compliance with security level like declaration of security not issued m) A ship of flag is a non-party to relevant conventions etc ISM RELATED DEFICIENCIES a) Company safety and environmental protection policy is not on board or ship personnel are not familiar with it b) Safety management documents are not readily available c) SMS documentation is not in ship’s working language d) A senior does not identified DPA e) Emergency situation contact procedures and contact numbers details of shore management not in place f) Programme for drills /exercises not on board g) Non-conformities from internal audit have not been reported or no corrective action taken h) Ship is not having a maintenance routine records DETENTION A ship can expect to be detained when in the professional judgment of a PSCO i.e he considered unsafe to allow a ship to proceed to sea before the deficiencies identified have been rectified EXAMPLES OF DETAINABLE DEFICIENCIES Under SOLAS  Failure of main propulsion, electrical, pumping and steering  Excessive oil leakage in E/R, lagging insulation contaminated by oil  Absence non compliance or poor condition of LSA equipments, fire dampers, ventilation

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dampers, quick closing valves etc Absence, non compliance of poor condition of navigational lights, shapes and sounds signals Absence of corrected charts and publications Absence or failure of mandatory navigational systems and equipments Absence or failure of radio communications systems Number, composition or certification of crew not corresponding to safe manning certificates

Under load lines  Insufficient stability or ability to calculate stability conditions  Significant areas of damage/corrosion/pitting of deck and hull effecting sea worthiness  Absence of poor condition of hull closing devices such as hatch covers and water tight doors Under MARPOL  Absence or poor condition or failure of OWS, ODMCS and alarms  Remaining capacity of slop tanks / sludge tanks insufficient of intended voyage  No oil record book Under STCW  Lack of or insufficient crew member certificates / endorsements  Inadequate navigational / engineering watch arrangements/personnel  Competency of crew members not adequate for the duties assigned for the safety and security of the ship and prevention of pollution  Insufficient rested watch keepers for the first and relieving watch duties at the commencement of the voyage Under ILO convention  Insufficient food and portable water for next voyage  Excessively unsanitary conditions on board  No heating in accommodations if ship operated in low temperatures  Excessive garbage blocked passage ways Once the detention order has been placed on a ship, it is likely to remain part of the historical port state records for that ship and be displayed on web for at least 3 years. A detentions order might include an instruction that the ship has to remain in a particular place or move to an anchorage or other berth. The order should specify the circumstances that would allow the

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detention to be released The fact that a ship had been detained should be clearly stated on ‘Report form A’ Procedures for Rectification of Deficiencies and Release  Port state will normally notify the flag state of any detention  Flag state or a classification society acting on its behalf may attend the ship to help resolve the problem in this case PSCO might agree to the remedial action proposed by the surveyor and allow him to over see the repairs  What ever the arrangements, the master and / or the ship owner would need to authorize the repair work because there will be associated costs to cover port state inspection cost will of course also be charged to the ship  Detention orders are lifted once all payment has been received in full Q 16) Highlight the following amendments to IMO conventions and its effect in operation thereof, mention their date of entry into force a) CLC and fund convention b) SOLAS – IMDG code Ans. I) International convention on civil liability for oil pollution damage CLC 1969  It was adopted on 29th Nov 1969 and entry into force on 19th June 1975  It was adopted to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil carring dhips  The convention places the liability on ship owners for such damages occurred by polluting oil escaped or was discharged  1992 protocol: widened the scope of convention to cover pollution damages in EEZ the environmental damages compensation is limited to costs incurred for reasonable measures to reinstate the contaminate environment it also allows expenses incurred for preventive measures to be recovered even when no spill of oil occurs  Also ship owners cannot limit his liability if it is proven that the pollution damage is resulted from the ship owners personal act or omission, committed with an intent to cause damage, recklessly and with knowledge The 2000 amendments of CLC are: EIF 1st Nov 2003 The compensation limits for a ship a) Less than 5000 gross tonnage, liability is limited to 4.51 million SDR b) From 5000 GT to 1,40,000 GT, liability is limited to 4.51 million SDR + 631 SDR for additional GT over 5000 c) Above 1,40,000 GT, liability is limited to 89.77 million SDR II) International convention on the establishment of an international fund for

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compensation for oil pollution damage (FUND) – 1971  It was first adopted in 18th Dec 1971 and was amended by protocol 1992(EIF – 30th may 96)  The purpose of fund convention are to provide compensation for pollution damage to the extent that the protection afforded by CLC 69 is not adequate  FUND provides supplementary compensation to the oil pollution disasters  The convention is an attempt to ensure that oil pollution damage are not borne only by ship owners but a part also by cargo interests  All persons/ companies in any country importing more than 1,50,000 tons of oil in any year make contributions to the FUND this fund is managed by an independent authority under the supervision of a director who is appointed by and responsible to IMO October 2000 Amendments – (EIF – 1st November 2003)  Compensation limit for a single incident including limit established under 2000 CLC amendments to be 203 million SDR  If 3 states contributing to the FUND and are importing more than 600 million tones of oil for annum, then compensation limit is raised to 300.74 million SDR 2003 protocol (optional)  Establishes a supplementary fund to pay compensation available under 1992 CLC and fund convention with an additional third tier of compensation  The total amount of compensation payable for any one incident will be limited to a combined total of 750 million SDR including compensation paid under CLC and FUND Effect 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 certificate for that 2. CLC convention fixed the upper limit to liability of ship owners in case of oil pollution from tankers so ship owners were encouraged to invest in high risk ventures like oil transportation 3. both CLC and FUND convention ensure adequate compensation to parties which suffer from oil pollution 4. it encourages government and other parties to take early actions in containing or minimizing adverse effect of oil pollution as already fund is available and all expenses can be incurred from that 5. if owners incurred any expenses to prevent/minimize oil pollution damage, it can be deducted form his total liability

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b) IMDG code – International Maritime Dangerous Goods Code  Was developed as uniform code for transport of dangerous goods in packaged form by sea covering such matters of packing, classification, marking labeling documentation and stowage  IMDG lays down basic principles, detailed recommendations for individual substances, materials and articles and recommendations for good operational practice, emergency response action etc  IMDG code was made mandatory from 1st Jan 2004 by adopting SOLAS CH – VII on 24th may 2002. This code applies to all ships carrying dangerous goods in packaged form provisions of this code do not apply to ship’s stores Effects of IMDG code in ship’s operation 1. In documents relating to the carriage of dangerous goods as proper shipping name of the goods shall be used 2. The transport document prepared by the shipper shall include a signed declaration / certificate stating that the consignment is properly packed, marked, labeled and in proper condition of carriage 3. the person responsible for loading of dangerous goods in a container shall provide a signed container packing certificate stating that the cargo has been properly packed 4. ship shall have a detailed stowage plan which is identified by class and sets out the location of all dangerous goods on board 5. administration shall issue detailed instructions on emergency response and medical first aid guide relevant to incidents involving dangerous goods

Q 17) state the circumstances which may lead to suspension or withdrawal of class explain the terms (i) period of class (ii) anniversary date (iii) survey time window (iv) memoranda (v) recommendations Ans. The class may be suspended when one of the following occurs  when the ship is not operated in compliance with rule requirements  when ship proceeds to sea with less freeboard than assigned  when the owner fails to request a survey after having detected defects and damages affecting the class  when repairs and alternations, conversions affecting the class are carried out with out requesting the attendance of a surveyor In addition class is automatically suspended  when the class survey has not been completed within its due date or time granted unless the

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 

 

ship is under attendance of the surveyor with a view to completion prior to resuming trading when the annual/intermediate surveys has not been completed by the end of the corresponding survey time window when the recommendation / condition of class is not held by their due dates – or the dates stipulated by the society taking into account any extensions granted when due to the nature of the reported defects, class is temporarily suspended until repair / renewals are carried out in other circumstances where the owner fail to submit the ship to a survey in accordance with a special requirement

With drawal of class  when requested by owner  when the class is suspended for more than six months  when the ship is reported lost  when the ship is reported constructed total loss and the owner does not give intentions to repair the ship  when the ship will not trade further as declared by owner Period of class The period of certificate of class starts either form 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 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 / intermediate surveys are to be carried out Memoranda Other information of assistance to the surveyor or/ and owner may be recorded as memoranda Eg. Notes concerning materials, barred engine speed, construction information Memoranda also gives a structural condition which though deviating from technical

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standards but does not effect the class (Eg. slight dent in the shell plate) Recommendations / condition of class These are the requirements imposed by the class society which will effect the class if not complied with by the assigned due date Q 18) Maritime Labour Convention 2006 The 94th session of ILO adopted maritime labour convention on 23rd Feb 2006 desiring to create single, coherent standards of existing embodying as far as possible all up to date standards existing international maritime labour conventions and recommendations as well as the fundamental principles of other international labour conventions Article I – General obligations Article II – Definitions and scope of application Article III – fundamental rights and principles Article IV – seafarers employment and social rights 1. Every seafarer has a right to a safe and secure work place 2. Every seafarer has a right to fair terms of employment 3. Every seafarer has right to decent working and living conditions on board 4. every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection Article V – Implementation and enforcement responsibilities Article VI – Regulations and part A and B of the code Article VII – consultation with ship owners and seafarer’s organization Article VIII – entry into force – 12 months later after 30 members ratified which a total share in the world GT of ships of 33% Article IX – denunciation Article X – effect of entry into force Article XI – depository function Article XII – registration of ratification, acceptance and denunciation Article XIII – special tripartite committee Article XIV – amendment to this convention Article XV – amendments to the code Article XVI -- authoritative languages The regulations of the code are organized into general areas under five titles Title 1 – minimum requirements for seafarers to work on a ship Title 2 – conditions of employment Title 3 – accommodation, recreational facilities, food and catering Title 4 – health protection medical care, welfare and social security protection

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Title 5 – compliance and enforcement Regulation 1.1 – minimum age Regulation 1.2 – medical certificates Regulation 1.3 – training and qualifications Regulation 1.4 – recruitment and placements Regulation 2.1 – seafarer’s employment agreement Regulation 2.2 – wages Regulations 2.3 – hours of work and hours of rest Regulation 2.4 – entitlement of leave Regulation 2.5 – repatriation Regulation 2.6 – seafarer’s compensation for the ship’s loss or foundering Regulation 2.7 – manning levels Regulation 2.8 – career and skill developments and opportunities for seafarers employment Regulation 3.1 – accommodation and recreational facilities Regulation 3.2 – food and catering Regulation 4.1 – medical care onboard and ship and ashore Regulation 4.2 – ship owner’s liability Regulation 5.1 – flag state responsibilities Regulation 5.1.1 – general principles Regulation 5.1.2 – authorization of recognized organization Regulation 5.1.3 – maritime labour compliance Regulation 5.1.4 – inspection and enforcement Regulation 5.1.5 – onboard compliance procedures Regulation 5.1.6 – marine causalities Regulation 5.2 – port state responsibilities Regulation 5.2.1 – inspections in port Regulation 5.2.2 – onshore seafarer’s complaint handling procedures Q 19) Illustrate the salient features factors for on board training and standards of competence as laid down on STCW 95 chapter III under line the specific roles a chief engineer needs to perform towards necessary satisfactory training of engine room personnel under these parameters what will be criteria for evaluating competence for on board training by a chief engineer Ans. STCW 95 chapter III deals with standards required for engine room personnel under different

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capacities  chapter III/1 deals minimum standards with watch keeping engineers  chapter III/2 and III/3 deals with minimum standards required for chief engineer and second engineer officer for main propulsive power of 3000 KW and between 750 KW and 3000 KW respectively  chapter III/4 deals with standards required for serving as engine room rating On Board Training Every candidate shall follow a approved onboard training which: a) Ensures that during the required period of seagoing service the candidate receives a systematic practical training and experience in the tasks, duties and responsibilities of an officer in charge of an engine room taking into account the guidance given in section B-III /1 of the code b) Is closely supervised and monitored by an monitored by an qualified and certified engineer officer on board the ships in which the approved seagoing service is performed c) Is adequately documented in a training record book Standards Of Competence STCW 95 has very clearly specified the standards required under various capacities CH-III has divided the competency into four functions Chapter III / 1 Every candidate required to demonstrate the ability to undertake at operational level the tasks, duties and responsibilities in the following field  Marine engineering  Electrical, electronics and control engineering  Maintenance and repair  Controlling the operation of ship and care for persons onboard Chapter III/2 and chapter III/3 These gives the standards required by chief engineer and second engineer officer under different range of propulsive power, it basically gives the standard to be followed at management level with more importance given to  planning of job  making sure all safety procedures are followed  trouble shooting  developing emergency and damage control plans  organizing and managing crew

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Chapter III / 4 This gives the basic standards of competency expected of engine rating  Their strength to understand orders  Basic knowledge of common terms used in engine room  Engine room alarm systems especially fire alarms  knowledge of emergency duties  Emergency escape routes etc Role of C/E towards satisfactory training of engine room personnel Chief engineer must establish a training programme on board ship he should –  Break down various jobs into duties, tasks subtasks  Establish priority of tasks  Define performance standards for each task  Identify preferred mode of learning  Collect date on profile of trained personnel  Give trainee a chance to work independently at the same time supervise his work constantly  Identify constraints like language, lack of training etc If trainee is found to be lacking in knowledge in some areas 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 some fields then chief engineer must request for shore based training of the person concerned Evaluating competence for on board training The criteria for evaluating the engine room personnel is given in column A 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 reassembling in accordance with manuals and good working practices  The conduct, handover, and relieving of watch conforms with the accepted principles and procedures  A proper record is maintained of the movement and activities relating to the ship’s engineering systems  Communications are clearly and well understood in accordance with established rules and procedures to ensure safety of operations and to avoid environmental pollution

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 The causes of machinery malfunctions are properly identified and actions are designed to ensure overall safety of ship and plant  Procedures for monitoring ship board 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 safety of life at sea and protection of environment are correctly identified On the basis of these guidelines and evaluation criteria, the competency of onboard training can be evaluated Q 20) Define port of refuge What are the IMO initiatives for port of refuge? When and how a ship can call the port of refuge? What are general documents required by the average adjuster for assessing the G.A at port of refuge?  Port Of Refuge: is a port or place that a vessel diverts to when the master considers it unsafe to continue the voyage due to a peril that threatens the “common safety” where such deviation is for the preservation from peril of property involved in common maritime adventure, it will usually constitute a general average act and the costs of the deviation to and stay at the port of refuge will be allowed in general average  In November 2003, the IMO assembly adopted two resolutions addressing the issue of places of refuge for ships in danger. It is a important step in assisting those involved in accidents that may lead to the need for a place of refuge to make the right decision at the right time  1) Resolution A 949(23) – guidelines on places of refuge for ships in need of assistance

It is intended for use when a ship is in need of assistance but the safety of life is not involved, where the safety of life is involved, the provisions of the SAR convention should continue to be followed  The master should, where necessary with the assistance of the company and / or the salvor, identify the reasons for his/her ship’s need of assistance  The master should estimate the consequences of the potential casualty taking into account both the casualty and assessment factors in to the possession and also the cargo and bunkers on board in the following hypothetical situations a) If the ship remains in the same position b) If the ship continues its voyage

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c) If the ship reaches the place of refuge or d) If the ship is taken out to sea  The master/salvor should identify the assistance they require from the coastal state in order to overcome the inherent danger of the situation  The master / salvor should make contact with coastal state through maritime assistance service(MAS)  The master /salvor should notify MAS of the actions that are intended to be taken and within what period of time  The MAS should notify master /salvor of the facilities that it can make available with a view to assistance or admittance of the ship to a place of refuge, if required  Subject where necessary to the coastal state’s prior consent, ship master / company should take necessary response actions  The reporting procedures should be as per procedures laid down in SMS of the ship concerned under the ISM code  In cases of failure of actions taken by master / salvor, the coastal state has got authority in taking responsive action appropriate to the threat 2) Resolution A 950(23) – maritime assistance services(MAS) These are the guide lines regarding establishing of MAS publishing the establishment and existence of a MAS, duties of MAS, operation of MAS and communication facilities 1. Establish of MAS Establishment of a MAS should not necessarily entail the setting up of a new organization at the discretion of the administration the functions of MAS can be discharged by MRCC (marine rescue and co-ordination centre) or a harbour master or coast guard agency 2. Publishing The Establishment and Existence of a MAS  The governments of coastal state should notify IMO of the existence, call numbers, call sign of their MAS  IMO secretariat periodically publish the collected particulars in a circular 3. Duties of MAS  To receive the reports, notifications, consultations in the event of an accident involving a ship  To maintain the ship’s situation in danger  To serve as a point of contact between salvor and coastal state and to monitor the conduct of their operation 4. Operation of a MAS a) MAS should be operational on 24 hour basis b) English language to be used in exchanges between a ship in need of assistance and a MAS

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c) MAS should be authorized by their respective governments for exchange of information 5. communication facilities coastal state to provide minimum communication facilities for setting up MAS as those of MRCC The valid reasons for deviating to a port of refuge usually include ii) Weather, collision, or grounding damage effecting seaworthiness of the ship iii) Serious fire iv) Dangerous shift of cargo v) Any other accident causing some serious threat to the vessel and cargo vi) Shortage of bunkers vii) Vessel adopts a angle of loll viii) ‘dangerous ingress of water into the ship General documents required by a general average adjuster are: a) All general average security documents including signed average bonds, guarantees, counter foils of average deposit receipts and cancelled deposit receipts b) Casualty report form master c) Certified extracts from official log book, deck and engine log book d) Copies of extended protests, if any e) Survey reports on hull and machinery damage f) Survey report on cargo lost or damaged by general average sacrifice g) Account sales of any cargo sold h) Copies of any shipping invoices i) Copies of telexes j) Accounts for disbursements incurred together with vouchers k) Cargo valuation forms l) Manifest of cargo onboard at the time of GA act m) Copies of bill of lading n) Portage account for the voyage and an account of stores consumed o) Any other evidence relating to the casualty like photograph / video footage etc Q 21) Define a “company and its obligations under ISM code towards safe ship board operations. Enumerate the key shipboard operations which would be maintained by the company for successful onboard operation of ship under ISM code Ans. The purpose of the ISM code is to provide an international standard for the safe management and operation of ships for pollution prevention In ISM code section I – “company” means the owner of the ship or any organization or

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management or the bareboat charters who has assumed the responsibility for operation of the ship from the ship owners and who has assuming such responsibility have agreed to take overall duties and responsibilities imposed by the code The obligation of company under ISM code towards safe shipboard operations Element 7 of the ISM code – development of plans for ship board operations  The company should establish procedures for the preparation of plans and instructions, including checklists as appropriate for key ship board operations concerning the safety of the ship and the prevention of pollution. The various tasks should be defined and assigned to qualified personnel  Continued supervision and verification of compliance to these instructions is important ship board operations are categorized into : a) Normal operations in which error becomes apparent after occurrence of a hazardous situation and / or accident b) Critical operations: in which directly leads to an accident For the following ship board operations, procedures and instructions to be developed for successful implementation of the ISM 1. General 1.1 ship board organization 1.2 functional responsibility 1.3 reporting procedures 1.4 passenger control where required 1.5 communication between ship and company 1.6 inspection of master and senior officers 2. Ship in port 2.1 accepting cargo and passengers 2.2 manning watches and patrol 2.3 liaison with shore authorities 2.4 monitoring trim and stability 2.5 procedures when the ship is temporally immobilized 3. Preparing for sea

3.1 verification of passenger numbers where applicable 3.2 checking and recording draft 3.3 checking stability conditions

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3.4 assessment of weather conditions 3.5 documentation 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 communications in bad weather 5. Preparing for arrival in port 5.1 testing of main engine, steering gear, navigation and communication equipments, generators and anchoring equipments 5.2 harbour stations 5.3 pilotage 5.4 pilot information and communication 5.5 assessment of weather conditions 5.6 ballast critical shipboard operations 1. navigating in restricted visibility 2. navigations in close / narrow waters 3. navigation in high density traffic areas 4. heavy weather operations 5. handling of hazardous cargo and noxious substances 6. bunkering and oil transfer operations at sea 7. cargo operations on gas/oil/chemical tanker 8. critical machinery operations Q 22) write short notes on a) World scale b) ship brokers a) World scale  world scale is a schedule of nominal tanker freight rates used as a standard of reference by means of which rates for all voyages and market value in the crude and oil products tankers trade can be readily compared and judged  it is a code name for “new world wide tanker nominal freight scale” published by the world scale association (new York) inc., which are controlled by parties of leading tanker brokers in London and new York city respectively  because an oil cargo may be brought and sold many times while aboard a tanker at sea, the cargo owner requires greater flexibility in his choice of discharge port options

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 this is aimed at making the business of tankers simpler, quicker and more flexible  world scale is based no an average vessel with average costs earning an average rate it works on the basis that realistic costs of operating an imaginary standard tanker of 75000 DWT with an average speed of 14.5 knots for an 15000 n-m round voyage with a consumption of 55MT/day fuel of 380 CST plus 100 MT of fuel per round voyage for other purposes and an additional 5MT of fuel in each port in the voyage(port days is 4 days for the voyage) the fixed hire element ( on the assumption that the ship is in time chartered) 12000 dollars/day on the basis of this “world scale” flat rate is calculated in U.S. dollars per M.T. of cargo carried on a standard loaded voyage between a loading port and discharge port with a ballasted return voyage  bunkers prices are assessed annually by the world scale associations and are based as are port charges on the previous year’s average. Average exchange rates of the previous September are used. The total of the voyage costs divided by the cargo tonnage will give world scale flat or W100 for that voyage Advantages 1. Simplified negotiations of tanker hire 2. A simple reference covers all possible voyages with in the agreed trading areas 3. facilitate quick and ready comparison of fixtures Disadvantages 1. It is not a substitute for voyage estimating 2. it does not allow for income of freight tax etc 3. it is only a method of comparison and tool for negotiations, not a substitute for risk management or business forecasting b) Ship Brokers  Ship brokers are normally “fixed “ on charters arranged between the ship owners and charters by ship brokers acting as negotiators for the two parties ship brokers include a) Owners brokers – who find and arrange cargo for their principal’s ships b) Charters brokers -- who find ships to carryout their principal’s requirement c) Tanker brokers – who arrange oil cargo fixtures in the specialist tanker market d) Liner brokers – who arrange cargoes for liner owners / operators e) Coasting brokers – who work in short sea market and often combine the functions of owners and charter’s brokers f) Sale and purchase brokers – who assist in selling and buying of second hand tonnage and if required new building contracts  many ship brokers are self employed, while other works in large firms of brokering

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 ship brokers are remunerated by commission or brokerage payable by the ship owners to each broker involved in arranging a contract in voyage and time policies, brokerage clause is stipulated and normally 1.25 % of total earning from hire freight, dead weight, demurrage payable to each broker involved  London based “institute of chartered ship brokers” The responsibilities of ship brokers are 1. To determine the form of charter and special provisions in it 2. To facilitate negotiations for their principals 3. to chart the vessel and arrange cargo to the vessel 4. to ensure that required ‘notice of readiness’ are given, loading / discharging berths are declared, insurance coverage is obtained 5. to supervise the preparation of dispatch, demurrage and lay day statements, payment of dues and customs of various ports and settlement of disputes arising in this connneciton 6. to obtain certification of freight, invoices, bill of lading and appoint port agents and to issue appropriate instructions Q23 ) During bunkering of a ship at foreign port, a substantial amount of oil spillage in water has taken place. Draw a ‘emergency preparedness’ plan of such incidents and how best it could be encountered under the situation Ans. The oil pollution during bunkering operation could occur due to various reasons such as leakage at manifold connections, tank overflowing, hose fracture caused due to excessive pressure The emergency preparedness plan for a bunker spill should address the following important aspects (i) measures to stop / contain oil spill, clean up action and prevention of emergency leading to fire etc (ii) effective communication with local authorities, P&I club and office(DPA) (iii) effective communication between master/ chief engineer and emergency party leader (iv) reporting to company During bunkering, chief engineer shall be the in-charge of bunkering operation and he shall co-ordinate, instruct and supervise the teams under him to ensure following a) Immediately stop the bunker with an effective communication with the bunker barge / terminal b) Raise the emergency alarm c) Prevent oil from spilling overboard and collect / transfer oil accumulated on deck to the slack tank

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d) Clean up entire affected area to avoid fire e) Oil spill dispersants to be used only after local authorities permit to do so f) Record all the activities Salient features of “Emergency preparedness plan” 1. The plan identifies all the activities which may cause oil spillage leading to environmental pollution 2. it clearly defines duties and responsibilities of the master and crew therefore eliminating confusion 3. an effective implementation is ensured through realistic drills which improves skill and effectiveness 4. plan asses the state / condition of tools (cleaning gear) and materials (cleaning consumables) provided to clean-up spillage Q 24) Effective communication is the foundation of effectiveness in any type of organization. As a chief engineer of a ship how will you ensure effective and healthy communication on-board your ship? Ans. communication is the process of transmission of facts/figures /ideas from the sender to others using symbols for specific purposes like influencing persuading or sharing information to effect change in behavior Communication = transmission of message + proper meaning + understanding It is a process of meeting of minds between superior / subordinates, management / union or amongst colleagues All communication however may not be effective due to loss of information caused by distortion / filtration of message resulting in communication gaps Factors responsible for communication gap are many such as 1. Physical (environmental) disturbance noise 2. psychological problems (emotional barriers) 3. semantic barrier i.e, language problem 4. cultural difference 5. lack of empathetic listening 6. difference in perception / attitude 7. information overload 8. distortion, filtration of message As a chief engineer, the following 10 commandments shall be observed to ensure 50

effective and sound communication system onboard the ship 1. Instructions must be clear at all levels 2. message must be concise and to the point 3. information/reports should be complete and correct i.e reliable 4. constant exchange of positive feed back 5. information exchange must be courteous 6. conducting meeting with specific agenda for discussions and maintaining time schedules 7. conflicting statements should be avoided to minimize confusion 8. cultivating the culture of open communication 9. to ensure comprehension, use simple words/ sentences 10. communication network must be streamlined Q 25) Explain the influence of a charter on operation of propulsion and other ship board machineries during a voyage. After taking over ship as C/E you have informed that ship is on time charter and has a history of unforeseen auxiliary machinery breakdown at sea, state the different options you have and actions you would take as C/E prior to the commencement of voyage Ans. The different types of charter parties are i. Voyage Charter ii. Time Charter iii. Bareboat Charter In case of voyage charter and time charter, it is the responsibility of ship owner to take care of ship’s propulsion machinery and other machinery onboard In case of any breakdown a) In voyage charter if lay-can is not met, charters are entitled to reject the vessel and cancel the charter b) In time charter , loss of time governed by the so called 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 responsibility regarding navigation, propulsion and maintenance of shipboard machinery remains with charters it self Time charter: has a major concern in speed of the ship and fuel consumption as it determines the time period between two ports and also expenses incurred on fuel in the voyage. Minimum speed agreed in charter party has to be achieved and any deviation is case of speed or fuel consumption if any, then the owner has to pay compensation to the charters If too much unforeseen machinery breaks down have occurred the ship cannot meet with the scheduled date a C/E on board should undertake following options and actions

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 A period of 48 hours is allowed for the ship owners per year to carryout boiler cleaning and piston overhaul so in the case of break down of Main Engine and Boiler, the chief engineer must ensure that maintenance is carried within the stipulated time by charter party , make two teams  In case of breakdown, company to be informed, spares/stores technicians assistance, separate teams, motivate crew and engineers try to finish so that vessel is on hire  If vessel goes off-hire, to cover up that, increase speed (safe limits) reduce fuel consumption on auxiliary engines, alternation of ships course, vigilant watch to avoid further breakdown. Q 26) A ship on which you have joined as chief engineer is scheduled to be put in active service after major lay up and necessary repairs state the preparation and trial you would conduct prior offering the ship to the surveying authorities for survey and inspection Ans. Major Lay Up – ship was not operational on account of undertaking major surveys, repair inclusive of docking survey in such cases trials to be carried out Trials: are not made by the surveyor the class surveyor witness the trials, it is responsibility of ship owner to carryout trials on the presence of surveyor Machinery verification runs at the time of dry-docking and at the completion of significant repairing 1) A dock trial is to be conducted at the time of dry-docking at least in the following cases: a) When main engine and/or propulsion shafting and/or main generator and/or prime mover for generator and/or boiler and/or steering gear were o-hauled for repairing or inspection b) When dry docking work was conducted for two weeks or longer it may be allowed to conduct mooring run for dock trial of main engine, propulsion shafting and main boiler but in principle dock trial must be conducted prior to sailing and at least start/stop engine, ahead/astern and low load operation. The operation test of the machinery concerned may be acceptable at the discretion of the attending surveyor only the main generator and its prime mover, auxiliary boiler and steering gear 2) If the following significant repair are carried out to main or auxiliary machinery or steering gear, consideration is to be given to a sea trial a) The welding works for cracks of frame or bed plate of main engine and/or prime mover for main generator b) Renewal or repair of crankshaft of main engine as well as D.G c) Repairing work done for camshaft/camshaft driving device of main engine as well as D/G

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d) Renewal or repair works of main parts of main engine and/or D/G e) Repairing work for power transmission system of propulsion shafting system f) Repairing work done for propellers g) Repairing work done for boiler plates h) Any other significant repairs done The extent of sea trail and survey items depend on the discretion of attending surveyor in addition to consideration of contents of the repairing work Q 27) Differentiate between official logbook, deck and engine room log book high light their salient features and differences also enlist the number of documents which are handed over by relieved C/E during signing off from a vessel Ans. Official log book 1. Must be kept on every ship unless exempted it is available with engagement and discharge documents from concerned flag state officer 2. must be completed in accordance with M.S. act (official log book) regulation 1981 as amended 3. must be kept in one book covering all seamen onboard and remains in force from time of opening crew agreement until closure of crew agreement 4. it must be delivered on closure to flag state concerned 5. it must be produced by master if demanded to the superintendent /surveyor, port authorities etc. 6. each entry must be dated and signed, witnessed in accordance with the regulations and the schedule Supplementary Official Logs and Records a) Official log book (part II passenger ships)  It maintains recording of the opening and closing of water tight doors, closing and opening in hulls and water tight bulkheads b) Radio telegraph log In includes routine test, particulars of messages transmitted and received c) Radio telephone log it records details of operators, battery condition, battery charging , messages transmitted and received d) GMDSS log it records distress signals, safety traffic communication the position of the ship at least once a day e) Oil record books

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Deck and Engine room logs  In addition to usual entries of course, speed weather etc entries should be made regarding  Switching on and off of navigational lights  Changing from automatic to hand steering and vice versa  Entries of machinery break down, stranding and grounding etc  Searches for stow-ways, drugs or contraband  Bunkering operation in detail  Passage through oil slicks  Time of arrival, berthing and serving / receipt of readiness  Particulars of delays in loading and discharging  Signed by C/E and chief officer Number of documents which are handed over 1. list of status of surveys/certificates, quarterly listings 2. condition of class stated if any 3. handing over report 4. fuel oil/ diesel oil/ lube oil soundings confirm actual figures 5. voyage requirements for fuel/lubes 6. oil record book 7. bunker consumption record and charter party requirements 8. PMS status of main/auxiliary/ electrical machineries 9. spares on board 10. stores on board 11. alarm checklist 12. critical equipment check list 13. list of precision instruments on board 14. records of PSC inspection 15. cargo equipments maintenance records 16. NOx technical file 17. Bunker delivery notes 18. special tools list 19. list of manuals / drawings available on board 20. training records 21. any other documents pertaining to the particular type of ship Q 28) You have been advised by the company to develop a programme for training of E/R personnel and implementing it through out company’s fleet with respect to (i) Fire prevention and fire fighting (ii) Pollution prevention (iii) Safe working practices

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prepare the training plan as well as related STCW codes for each of them. Ans. Upon joining a vessel as chief engineer, programs that can be implemented for training of E/R staff shall be accordance with chapter VI of STCW 95 code, which deals with standards and minimum mandatory requirement regarding and occupational safety along with medical care and survival functions The purpose of such training should be to provide basic knowledge, increase their proficiency and 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 not only reduce the response time but also increase the confidence (i)

Fire prevention and Fire fighting  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 minimizing the risk of fire and maintaining a state of readiness to respond to emergency situation involving the fire. This should include the knowledge understanding and proficiency in matter pertaining to : a) Elements of fire and explosion – fire triangle – types and sources of ignition – flammable material – fire hazards and spread of fire – extinguishers etc b) All E/R 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 c) Classification of fire – applicable extinguisher, location of FFA in engine room , emergency escape routes, internal communication, fire and smoke detection system, automatic fire alarm system, manual fire-call points etc d) Donning of fire man suits, use of SCBA, ventilation quick closing valves, fire control stations and places where emergency fire pump can be started remotely e) Brief description and operation of fixed fire fighting installations, rescue procedures of casualty, under what conditions engine room should be evacuated etc  Fire drills to be conducted weekly, assessment of performance, improvement etc

(ii)

Pollution Prevention  Chapter VI Table A – VI / 1-4 where by minimum standards of competence in pollution prevention of marine environment is laid down it includes knowledge, understanding and proficiency in matters relating to: a) Effects of operational or accidental pollution of marine environment and basic environmental protection procedures it includes identification of marine pollutants like oil, sewage, garbage, air pollutants etc

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b) Imparting knowledge of SOPEP, which is a contingency plan to prevent pollution during cargo loading / discharging /bunkering operation/oil spill due to collision, grounding etc. location of SOPEP locker, equipments, their use, personnel duties etc to be explained c) Remote stops of COP’s, closing scuppers, testing and indication of tank high level alarms, location of bunker tanks, bunker system, sounding procedures, communication procedures etc d) Knowledge, operation and maintenance of pollution prevention equipment like OWS, incinerator, sewage system should be explained  SOPEP realistic drills to be carried out weekly and during briefing sessions the liability, compensation and fines that may result should be explained along with engine room personnel duties in each case (iii) Safe working practices  STCW code chapter VI – table A VI/1-4 where by specification for competence in safe working practice is laid down knowledge, understanding and proficiency for the following must be imparted a) Knowledge of PPE, safe attire, importance of safety while carryout various shipboard operations should be explained. This includes personnel safety, safety of men and machinery and safety of ship b) For E/R operations use of gloves, goggles, chemical handling suit while working with hazardous chemicals, goggles and shield while carrying out welding or cutting jobs and use of PPE when on lathe, grinding machine etc c) Enclosed space entry, hot work permit, cold work permit, handling of chemicals, operations of critical machinery etc should be explained  Drills for enclosed space rescue like pump room rescue should be carried out weekly or fortnightly Q 29) what are the procedures for conducting an inquiry a) After casualty as per M.S. act 1958 as amended b) What is article of agreement? Why it is necessary to have article of agreement Ans. a) Definition of shipping casualty For the purpose of an investigation and inquiry, a shipping casualty shall be deemed to have occurred in the following cases:  Any ship is lost, abandoned, stranded or materially damaged on the coasts of India  Any ship causes loss or material damage to any other ship on the coast of India  Any loss of life occurs due to any casualty happening to or onboard any ship on the coasts of India

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 Any evidence of an Indian ship being lost at sea is available in India Master’s action  On his or his ship’s arrival in India, master shall report the incident to the officer appointed by the central government  If the ship is materially damaged to make her un-seaworthy or any loss of life or serious injury occurs, then the owner or master should report to nearest principal officer within 24 hours Investigating officers  The following officers have been appointed by the central government for receiving reports and conducting investigations into the shipping casualties 1. principal officer /MMD surveyor – all casualties 2. deputy conservator of major port – when casualty with in the docks or if the ship belongs to the port or where pilot is on board 3. port officer of minor port – any casualty involving sailing vessels and fishing vessels or involving ships with in port jurisdiction 4. customs collector – sailing vessels and fishing vessels 5. officers specially appointed – fire and explosion casualties Investigating officer’s action  Inform central govt. that a casualty has occurred  Conduct and preliminary enquiry(PI)  Record the statement of master’s, crew members with their signature, but with out presence of any person  Call for documents from the ship as appropriate  Send report to central govt. with one or more of the following recommendations a) No further action b) Warning to defaulters c) Strict warning to defaulters d) Issue M.S. notice e) Order formal investigation(FI) or court. of inquiry(CI)  PI report is totally confidential and not given to any court  Copies of statement are given to the affected persons only if matter goes to the court  The officer at his own discretion or as advised by central government may apply to first class or metropolitan magistrate for conducting an formal inquiry Circumstances for ordering FI or CI

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Heavy material loss requiring more detailed investigation Defaulters deserve to be punished (only court can order that) There are lessons to be learnt from the casualty Public out cry Loss of life, so open court investigation is required Sufficient data not collected during PI During the FI if a case of incompetence, misconduct wrongful act arises against master, mate or engineer, court will proceed with the CI  if central government believes that there are grounds for charging the officer as stated above with out conducting a FI, then it may submit a case to the court for conducting a CI This will apply only if the officer holds— • An Indian certificate • A foreign certificate but was employed on an Indian ship Procedure for FI and CI  A short statement of case with a questionnaire to be answered at the end of FI and CI are submitted to the court  If central government has decided to directly proceed with the CI, then in addition to the above documents, a charge sheet framed against the defaulters is also submitted  The proceeding are conducted in an open court  The court can summon/compel the attendance of a witness, by arresting him if necessary  For FI, court shall appoint 2 to 4 assessors chosen from a list prepared by central government, one of them shall be conversant with maritime affairs and the other with maritime or mercantile affairs  If FI involves cancellation or suspension of certificate of an officer, two of them shall have the experience in merchant service  All documents collected during the PI are submitted  On completion of FI or CI the report is published in the official gazette       

b) Article of agreement  This agreement is made between employer/agent and seafarers in accordance with collective bargaining agreement  Details of employees seafarers( address, next to kin, passport details, CDC details etc will be furnished in that  Details of employment including monthly wages, monthly PF, monthly allotment, rank, reason for sign off etc will be mentioned  This contains signature with date and stamp of employee Sign on Ashore Signed – off ashore

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Place: place  Signature of seafarer (signed on ashore, ship, signed off ship, ashore)  Signature with date and stamp of master (signed on ship, signed off ship)  Signature with date, stamp of shipping master[on commencing employment concluding employment ] Terms and conditions 1. This agreement between employer and the seafarers is subjected to the condition that seafarers will serve in capacity/rank on wages indicated with other terms on employment as CBA 2. This agreement shall be serving in the area and for the period as agreed as CBA 3. The seafarer will be supplied with provisions not less than what is provide in the M.S.act /CBM which is higher 4. It is agreed that the rights, duties and the terms of employment of seafarers and the obligations of the ship owner as per ILO conventions ratified by India 5. In relation to an individual seaman, this agreement may be terminated a) By mutual consent b) If medical evidences / incapacity c) If seamen is absent with out leave at a time fixed for sailing d) If in the opinion of the master, continued employment of the seamen is likely to endanger the vessel of any person onboard • 5 originals + 3 photo copies Q 30) what is bill of lading? What precautions are to be observed before signing a B/L under voyage charter and time charter? Ans. A bill of lading  Is a receipt of goods either received or shipped on board  Is a good evidence of the existence of terms of a contract between the shipper and the carrier  It is document of title signifying that the holder has legal right to procession of goods (not right to ownership)  It is non-negotiable document, depends upon how it is made • The master or his deputy should always check the following when signing the bill of lading 1. The goods have actually been shipped (compared with mate’s receipt) 2. The date of shipment is correct 3. That the bill of lading is not marked “freight paid” or “freight not paid” if not true

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4. 5. 6. 7.

That any “clausing” of mates receipt is also contained in B/L That reference is made to the charter party where one exists That any charter party terms not conflict with B/L terms That the number of original bills in the set is stated

• •

In any case, master is in doubt he should contact his P&I club correspondent If in case damaged or other wise defective cargo is presented for loading – reject goods, accept goods as on condition that he will issue a clause bill of lading call P&I if ship and shore figures differ  If less cargo is loaded, demurrage, contact owner in voyage charter  Letter of protest If number of original B/L shown on the face of the bill not the same as the number of negotiable B/L  call P &I  refuse to sign the bills until correct number is assigned if B/L is in foreign language – translator, call P&I master should issue B/L in English if master is asked to sign blank or partially completed B/L  call P&I  if early departure procedure (EDP) is used on tanker routes, agent signs behalf of master if B/L have to be re-issued or amended  call P&I  if B/L have to be reissued, ensure that first set is cancelled /returned / destroyed if master is asked to sign predate of post date B/L -- refuse to sign

•

•

•

•

•

•

Q 31) a) what are the salient features of ballast water management b) how would you as chief engineer with consultation with the master of the vessel implement plan prior to your vessel arriving at an USA port / Australian port Ans. It applies to ships of 400 GT and above Regulation B-1(ballast water management plan)  every ship shall have onboard and implement a ballast water management plan specific to the ship and approved by the administration  It includes detailed description of the actions to be taken to implement the requirements, designated officer in charge, contain reporting requirements, detail procedures for disposal of sediments at sea and shore etc

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Regulation B-2 (Ballast water record book)  every ship shall have an ballast water record book  the record book entries to be maintained on board for 2 years and thereafter in the company control for 3 years  it should record when ballast water is taken onboard, circulated, or treated for ballast water management purposes and discharged into sea  it should also record when ballast water is discharged to a reception facility and accidental or exceptional discharges into the sea  all entries in the record book should be signed by officer in-charge and each completed page by master Regulation B-4 – (ballast water exchange)  All ships conducting ballast water exchange at least 200 nautical miles from nearest land and water at least 200 m depth  If ship unable to conduct exchange as above should be as far as nearest land and in all cases at least 50 nautical miles from the nearest land and 200 m depth Regulation D-1 ballast water exchange method  95% efficiency volumetric exchange  If pumping through method – 3 times the volume of each tank Regulation D-2 – ballast water performance standard (i) To avoid intake of harmful organisms, where practicable avoided in areas such as  area notified by port state  in darkness, when bottom dwelling organisms rise to the upper layer  in very shallow water  where propeller may stirrup sediment (ii) To removal of sediments from tank time to time  Ballast tanks to be cleaned(dry dock)  Accordance with ballast water management plan (iii) Avoiding unnecessary uptake and discharge of ballast water (iv) Avoid ballast water exchange in critical weather or any circumstances where safety of life is threatened (v) Nomination of key ship board personnel for operations (vi) Ship officers and rating should be trained (vii) Ship’s pumping plan and ballast pumping arrangements, position of air and sounding pipes, all compartments and tank suction with the pipe lines connecting them to the

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ship’s ballast pump and in case of flow through method, the opening at the top of the tank for release of water together with the overboard discharge arrangement (viii) The method to ensure sounding pipes are clear and that air pipes and non-return devices are not in good order Before U.S. Port 1. prior arrival 24 hours before, ballast water tank log to be sent and a declaration that ballast water exchange has been completed 200 N-m away from base line 2. Ballast pump supply to be put off of electrical driven 3. ballast lines to be shut and sealed In Australian ports 1. Same as above Additionally 2. seal numbers to be mentioned in ballast water exchange declaration sheet Q 32) 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

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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 3 rd officer / 2nd Engineer may be responsible officer and no urgent fire fighting stores are outstand ting. I will personally inspect the CO2 room, the farm system fitted and inspect all the outlet’s to confirm that everything is in order. As per Solas Chapter II – 2 FSS – fire FTP – Fire Test Procedure are mandatory w.e.f. 1.7. 2002.

safety

system

&

I will ensure that Training Manual and Training booklet for fire are available in officer & crew mess room and that all person’s 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.

Steering gear Emergency comp Emerges Emerge Fire P/P 5) Breathing air comp 6) Anchor handling equipment 7) Cargo gear 8) Main & Aux machinery 9) All ISA / FFA items 63

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 routing as per Solas Chapter – III for fie fighting equipments and critical machinery is carried out. Q 33) State the different types of Marine Insurance policies that could be undertaken by owners, shippers or other related parties Explain the salient liabilities and exclusions related with each case for an insurer. Ans. There are various types of marine insurance policies available and they could broadly be classified into 5 types. 1.

Time policy - Insures property for a period of time.

2.

Voyage policy - It insures property from one place to another it may include a date limit.

3.

Mixed policy - It covers both a voyage and a period of time of voyage and in port after arrival.

4.

Construction policy - It insures vessel while in course of construction not for a period of time.

5.

Floating policy - cargo policy that insures a number of shipments. In Canada & US this policy is continuous and covers all shipments to a limit of liability for any 1 loss. The marine insurance policies that a ship owner can take are 1)

Hull & machinery policy 64

2)

Protection & indemnity cover.

The insurance policies for a cargo owner include 1)

Marine cargo insurance

2)

Goods in transit insurance.

Hull and machinery policies : These are usually time policies with a maximum period of 12 months. Normally the items covered will be clearly stated in the clauses of each policy. Any extra port to be covered will raise the insurance premium. Perils include 1) Peril of seas 2) Fire / explosion 3) theft from outside 4) Jettison 5) Piracy 6) Earthquake volcanic eruption, lightening 7) accidents during loading or discharging 8) Machinery damage 9) Latent defects in machinery or hull 10) Negligence of master, officer or crew 11) 3/4 collusion liability Items not covered under insurance include 1) loss / damage eg insurer deliberately set fire to ship caused by willful misconduct willful negligence by owner. 2) loss of charter hire due to delays 3) loss due to wear and team 4) war risk cover. 6) Cost for scraping & painting vessel underwater part due to fouling 7) Valuation clause i.e. in case the vessel is a constructive total loss, salvage values are not considered. 65

8) loss / damage from nuclear weapon or by radioactive material. P & I cover is available for the following 1)Cargo claims 2) crew claims 3) claims for various fines eg. customs times immigration fine for improper documentation fine due to misconduct of crew etc 4) Collision liability covering the 1/4 liability not covered by H & m insurance 5) liability against collision with fixed or floating objects 6) third party injury & death claims 7) oil pollution liability 8) miscellaneous claims. Restrictions on P & I cover include : 1)Deviation 2) delivery of cargo at port other then port specified in the contract of carriage. 3) failure to arrive or late arrival at port of loading 4) delivery of cargo without bill of lading 5) Out dated bill of lading 6) clean bill of lading in respect to damaged cargo 7) arrest or detention. Cargo insurance policies : The policies will incorporate institute of cargo clause A B or Institute of cargo clause C : This covers only against major casualties eg fire, explosion, grounding or vessel stranded, sinking or capsizing, collusion or contact disc at port of distress general average sacrifice and jettison. Institute of cargo clause B : In addition to the above will also cover casualties like earthquake, volcanic eruption, lightening strike washing obd entry of sea. Institute of cargo clause A - Offers cover against all possible risks. Items excluded from maritime cargo insurance policy are 1)

Claims resulting from insufficient or in suitable packing or protection of matter insured.

2)

Claims for loss or damage arising from financial default of owners company cannot be responsible for performance of the carrier and this exclusion is aimed at encouraging the use of reputable company.

3)

Claims arising from use of nuclear weapons.

4)

Claims arising from damage by terrorists or politically motivated groups.

5) Claims arising from unfitness of vessel ware risk and strike risk cover is available for cargo insurance for an additional premium for long term insurance, open cover policy and floating policies are available. Q 34) 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

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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 have 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.

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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 are 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 individuals attitude and ways to motivate him to perform better. A persons attitude is influenced by various factors such as his needs, his state of mind i.e. stress levels, feeling of security, self esteem etc. The most important step before trying to develop an individuals 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, both 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 & is therefore likely to be difficult to change piecemeal. Motivation Development:- Five factors stood out as strong determiners of job satisfaction – • Achievement • Recognition • Work itself

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• 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 two-dimensional 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—  Composition and duties of each person in various .  Procedure for mobilisation  Procedure to be followed in response to different types of accidents & hazardous occurrences.  Procedure for establishing & maintaining contact between ship & shore based management.  Availability of ships particulars, plans & stability information, safety & environmental protection equipment on board.

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 List of contact names & telecommunication details of all relevant parties, who may need to be informed & consulted.  Reporting methods for both ship & shore based management.  Procedure for notifying with next of kin of the persons on board.  Backup arrangement for company’s initial response in the event of a protected emergency  Procedure for issuing information bulletin to media & answering queries from media & public. Q 35) State the requirement and responsibility of the office in enforcing “emergency preparedness” procedures for a ship and its personnel, as required under ISM Codes? Describe the duties of the office in: (i) Formation of the emergency team (ii) During emergency situations (iii) Maintaining contact between ship and office. Ans. The office should be prepared at all times to efficiently handle an emergency situation which might occur on any of the company’s vessels. This will be achieved by developing and maintaining contingency, emergency and marine pollution prevention plans and by training and drills of the personnel involved both on board and also when a vessel is in, or reports an emergency situation. The contingency team shall as soon as possible, assist the master to initiate, engage, command and co-ordinate the appropriate action as the situation may require in order to primarily, mitigate injuries or damage to:1) The people 2) The environment 3) The cargo 4) The vessel The contingency team consists of the following persons:• Leader of contingency team • Technical • Operation • Manning • Insurance • Legal • Administration The company has to set up above mentioned persons such that everybody is prepared & know their duties in case an emergency is called. The company has to lay down a policy in which the contingency team shall be ready at any time. This must be assembled within 2hr notice. Vacations must be planned in accordance with the requirement & persons with operational knowledge should be available at all times. Also the contingency team shall be tested & drilled twice a year; provided the team has not been actually mobilised during that period. The drill plan shall be as realistic as possible; starting with a drill message released from one of the vessels and followed up by messages of 70

the accident development. The exercise plan of the company audit system shall be worked out. The actions of the contingency team shall be monitored and written records maintained. When the drill is finished, a briefing shall take place. The company has the duties as per the policy during every instance such as :(i) Formation of Emergency Team:- The company has to form a contingency or emergency team which has the level and leadership, also have the planned and well known duties of each person. The Emergency team consists of members which have the duties in them. The situation is divided in two levels; Red Level Mobilisation & Green Level Mobilisation. The Red Mobilisation is incidents of catastrophic nature such as explosions, major fire, collision, grounding, major oil or NLS spill and missing vessel. The Green Mobilisations are serious breakdowns, loading/discharging problems, heavy weather problems, minor oil or NLS substance spill etc. Where necessary assistance to the ship can be arranged by the ships technical superintendent or member of the relevant company department. Also the team consists of following persons:Level of Mobilisation Red 1. Leader of the Emergency team

Green

X

2. Maritime/Safety

X

3. Technical

X

X

4. Operation

X

X

5. Manning

X

6. Insurance

X

7. Legal

X

8. Administration

X

The head of the technical and marine division will normally serve as leader of the team, & in his absence the leadership is passed down in the order of hierarchy. The actions taken are on behalf of the company as they deem necessary in an emergency situation. The leader has power to contact Board of Management after a red mobilisation & keep managing director duly informed of the occurrence & development. 2 During Emergency Situation:- Whenever there is an emergency situation, the vessel

calls the company & the one who gets the message first is responsible for contacting the head of the Technical & Marine division and they will agree on the level of Mobilisation, & if the head is not available, the one who gets the message first shall use his own judgement 7 decide the level of mobilisation, & he shall then inform the Emergency team members. • Company should know the development of the situation and master may seek advice from the Emergency team & discuss further action to be taken

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• During action, each member of the team shall evaluate the condition under his responsibility • The team leader shall be kept fully informed about any action suggested or executed by the member of the team. • Also during action the person –in-charge and his assistant is appointed for the following job:1.

Appoint the Emergency team

2.

Keep the Emergency room equipped and in good order

3.

Keep the relevant charts available

4.

Keep track of members

5.

Receive the alarm report / mobilise the team

6.

Call the Tech superintendent’s & fleet manager

7.

Notify the owner, charterer, cargo owner, Class and D.G.Shipping

8.

Hire of Salvage

9.

Inform the relatives

10. Call press conference & inform the media 11. Set up communication 12. Logging & secretarial duties The team has to go through the situation & evaluate a most probably and worst case development scenario, and during the situation analysis, priorities should be life-safetyenvironment & property, when decisions are made. The team evaluating the situation & making the action plan which are based on a worst case development scenario. The action plan shall be updated continuously as soon as new information is received. Also the team shall not diminish the masters’ over riding responsibility and discretion to take whatever action he considers to be in the best interest of the crew, vessel and environment Also the team has to decide to have an assistance from the specialists who may be able to provide information, contribution to solve the actual problem. Also the information to media & relatives of the crew must be given when things are confirmed & only a spokesman should speak to media & fleet personnel to the relatives & both should be updated as the news gets confirmed Maintaining Contact between Ship & Office:- As described earlier, the contact between ship and office is to be maintained through out the action so that the advice is given to the master or person-in-charge on board, what is to be done, & what may be the further action. Also the company knows the latest developments & cam plan accordingly

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Q 36)With reference to port PSC enumerate on the following (i) Regional co-operation/ agreements (ii) Future of PSC (iii) Is PSC an effective tool for ship safety? 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’ 73

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) Is PSC an effective tool for ship safety: YES, it can be an effective tool. Most IMO conventions like STCW, ISM, LOADLINE, SOLAS, MARPOL etc, come under the ambit of Port State Control. Their inspectors have the authority as deputed by IMO to ensure that vessels visiting their ports are compliant w.r.t. the various IMO conventions. Hence they can definitely ensure that ships are safe and environment friendly. Their powers to detain or threaten to detain ships on various grounds, forces ships to be safe. Q 37) As a Chief Engineer on a ship where you have joined recently, develop a training programme for shore related activities of a vessel. Highlight the specific training needs for engine room personnel in case of (i) overloading (ii) fire (iii) explosion, when the ship is in dry dock. Ans) The training program for shore related activities of a vessel with respect to the following cases: 1) Over loading: The crew members and officers must be made aware of the stability aspect of the vessel while the vessel is in dry dock 2) The crew must be made familiar with the procedure of dry docking the vessel and should be informed about the time and date when the vessel would be dry docking 3) They should be made aware of the dangers to the ships structure when the vessel sits on the block and when she is being …… 4)

Proper case has to be taken from the point view of the GM list and trim at the vessel when the vessel is in dry dock

5)

Crew members should not transfer any ballast or oil or bunkers with out prior permission from the dock authorities

6)

A meeting between the dry dock personal and the crew members to be held to advice the crew the max allowable shearing force pending movements and other such stresses which might affect the ships structure

7)

Advice should be taken from the dry dock with regard to extra blocks and side shoring arrangements where ever required

8)

Provision for unloading a vessel if the vessel is entering the dry dock with the cargo 74

loaded or it has to discharge the cargo before entering the dry dock should be checked In case of fire Dry dock is a place where all kinds of hot work activities and repair work would be carried out hence the crew members should be trained as follows: 1)

All individuals involved in hot work should be made familiar with the equipment. Their correct use identification of any hazardous surroundings. 2) The presence should be explained about the hot work permit and different clauses of hot work permits. 3) They should be made familiar with personal protective equipment and correct use of them 4) They should be made conversant with safe operational procedures as described in the company check list. 5) A check list should be made for safe operation this will include a) Identification of the job date time b) Precautions for ventilation and illumination of welding areas c) Use of PPE d) Check of areas for combustible like solids liquids or gases e) Enclosed space permits if required 6) They should be told the importance of vigil at fire petrol in E/R 7) Fire main on the vessel to be kept pressurized at all times 8) All crew members should be trained to recognize the emergency signal as established by the dry dock people 9) 10) 11)

All crew members must be made aware of the availability of the fixed and portable fire fighting equipment on a daily basis They should also be told the use of proper electrical equipment as sparking or overloading of these might lead to a fire. All persons should know their muster station as designated by the safety personnel of dry dock.

In case of explosion:The training program to be carried out to avoid explosion on board the vessel in dry dock are The need of use of hot work permits and other work permits in E/R The importance of gas treeny of fuel oil tanks and LO tanks if opened for cleaning and isolation of all fuel oil and luboil pipe lines I opened for cleaning and draining them before removing them from the flangues for maintenance.

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Importance of keeping E/R bilges free of oil and other combustible material in dry dock. Importance of a vigilant fire petrol in E/R. All fire maines in E/R should be kept pressurized at all times. The importance of coordination between ships and dry dock personnels and prior knowledge about the location of the hot work being carried out in E/R. Availability of E/R fire fighting appliances weather operational or under maintanence on daily basis. In the event of explosion the response has to be well organized and training for that should be 1) All persons should know their muster station as designated by the safety personnels of dry docks 2) Should know the emergency signals as established by dry dock personals 3) Need to take head counts so as to established the presence of all ship personnel 4) Coordinate with the dry dock safety personnel to carry out rescue operation to evacuate the injured persons 5) Need for having dry dock fire brigade shore medical facilities and shore electric supply telephone no’s to be displayed in the ECR and CCR or ships office Q 38) State the Maritime Declaration of Health and the requirements of International Health Regulations for persons employed on board ship. State the steps taken by you as Chief Engineer on board for an Engine Room personnel suffering from a contagious disease while on a voyage. Ans World Health organization is a specialized agency of United Nations established in 1948. WHO’s objective is the attainment by all peoples of the highest possible level of health. WHO collaborates with member governments, United Nations agencies and other bodies to develop health standards. Control communicable diseases and promote all aspects of family and environmental health. Purpose: WHO regulations were adopted and came into force in 1959, as international sanitary regulation which later renamed in International health regulation in 1969. Its purpose is to ensure the maximum security against the international spread of diseases with minimum interference with world traffic. Maritime declaration of health. At every port of call master of ship has to give a declaration of health to authorized offices which states 1. Particulars of ship 2. Ships crew and officers are fit for service on board 3. During the voyage any case of suspected case of plaque cholera or yellow fever. 4. Any illness of infectious nature, death of any person on board during the voyage otherwise than as a result of accident. 76

5. Ship is free from rodents and deratting certificate or exemption is valid. International Health regulations were originally intended to help monitor and control six serious infectious diseases: cholera, plague, yellow fever smallpox, relapsing fever and typhus. Today only cholera plague and yellow fever are notifiable diseases. Article 81 of IHR states that “No health document other than those provided for in these regulations shall be required in internal traffic”. Separate vaccination certificates were once required for small pox, cholera and yellow fever. The eradication of small pox was confirmed by WHO more than 10 years ago. It also states that vaccination against cholera cannot prevent the introduction of infection into a country and the WHO therefore amended the international health regulations in 1973 so that cholera vaccination should no longer be required of any traveler. A certificate of vaccination against yellow fever is the only certificate which should be now required. In case of Engine room personnel suffering from a contagious disease while on voyage. 1. He should be examined by ships designated medical officer 2. After confirmation, master should be informed and the patient should be shifted to hospital 3. Ensure that Air from the hospital is not reticulated in the ships A/C system 4. Having listed all symptoms and findings relevant section of (shipmaster’s medical guide) to be consulted and recommended treatments to be followed 5. When patient is ill visitors should be discourages when the patient shows signs of improvement the above ban can be relaxed. 6. willing shipboard personnel must be deputed after taking all possible precautions to attend the patient and monitor his progress 7. Disposable utensils for drinking, eating must be used. 8. all used bed linens and towels must be sterilized and should not be washed with the common linen 9. If the conditions of patient does not improve, radio medical advice should be sought 10. All actions to be recorded in medical log book and company should be informed for each happening Q 39) 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 77

manager insurance is usually confined to financial consequences of damage to its own ship, damage to the peoples 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.  Master’s and / or chief engineers detailed report (as appropriate)  Relevant letters of protest.  Protest and extended protests.  Underwriter’s surveyor’s report  class surveyor’s report  owner’s superintendent’s report.  Receipt and account for repairs.  Accounts covering and drydocking & general expenses.  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’

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3) 4) 5) 6) 7) 8)

the local Lloyds’ agent in case of Lloyds’ policy. 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. After the claim is quantified and documented the underwriter settles the claim thro Lloyd’s agents, Underwriter then decides (under the doctrine of subrogation) whether or not claim is worth pursuing against carrier. 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. The claim (including surveyor’s fee) is settled by the carrier in the currency stated in the policy or on the certificate of insurance. 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. Q 40) 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:

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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.

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.

4.

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.

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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. vii) Flag states must impose adequate penalty for any vessel relating the law to discourage further violation. Q 41)List the IMO Conventions and guidelines dealing with marine environment protection. State how each of the convention contributes to the protection of the marine environment. Ans) Convention are the main instruments of IMO, a binding legal instrument regulating some aspect of maritime affairs of major concern to IMO (eg safety, pollution). Various conventions have been developed to deal with the prevention of pollution by ships some of which are as listed below: (1) International Convention for the prevention of pollution from ships, 1973 as modified by the protocol of 1978 (MARPOL 73/78). The various annexes to this convention are as follows: a) Annexe-1: Deals with regulations for the prevention of pollution by oil. Entered into force on 2nd October 1983 few important regulations in this annex includes the following (i) International Oil pollution prevention certificate (IOPP):- The IOPP certificate is issued after an initial or renewal survey to any oil tanker of ISO GT and above and other ships of 400 GT and above. The certificate is valid for 5 years and issued by the administration as per regulation 5. (ii) Oil discharging monitoring and control system of approved type to be fitted in tankers to provide a continuous record of the discharge in terms of quantity, oil content, rate etc as per regulation 15 which also regulates the retention quantity of oil on board. (iii)Oil filtering equipment or any ship of 10000 GT and above should be provided with arrangements for an alarm and automatic stopping device in case the effluent exceeds 15ppm (iv)Reception facilities to be provided at ports and terminals as per regulation 12.

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(v) Segregated clean ballast tanks (SBT) and crude oil washing system (COW) to be provided for oil tankers (vi)Improving the requirements for the design and construction of oil tankers to prevent oil pollution in the event of collision and stranding for new tankers and for existing ships. Which apply to crude carriers of 20000 DWT and above and product carriers more than 30000 DWT, which shall be subject to enhanced programme of inspections, during periodicals intermediate and annual surveys. (vii)Oil record book: Every oil tanker of 150 GT and above and all other ships of 400 GT and above shall have an oil record book for recording all oil transfers as well as recording all bilge and sludge transfers, oily water separator operations and incineration/disposal to shore regulam 20 (viii)Shipboard Oil pollution Emergency Plan (SOPEP) Reg 26 : Every tanker of 150 GT and above and all other ships of 400 GT and above shall carry on board an oil pollution emergency plan approved by the administration.

b) Annexe II: Defines regulations for the control of pollution by noxious liquid substance in bulk. This involves entered into force on 6thn April 1987. (i)Categorization and control of discharge of noxious liquid substances in and outside special areas as per reg 3&5 (ii)Cargo record book which records loading unloading cleaning and ballasting facilities at terminals for discharge of residues and mixtures containing NLS-reg7 c) Annexe III:Defines regulations for the prevention of pollution by harmful substances in packaged form entered into force on 1st July 1992. Important points in their annexe are (i)It contains general requirements for the issuing of detailed standards on packing, marking, labeling, documentation, stowage, quantity limitations and exceptions and notifications for preventing pollution by harmful substances. d) Annexe iv: Regulations for the prevention of pollution by sewage from ships entered into force 27th Sept 2003. The following are the important points in this annexe (i) An International Sewage pollution Prevention certificate is issued by the administration, after survey has been carried out in accordance with regulation 3 (ii)Ship must have in operation an administration approved sewage treatment plant to meet the operational requirements… regulation 8 (iii)Reception facilities at ports and terminals for reception of sewage ….

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Regulation 10 (iv)Standard discharge connections for discharge of sewage to terminals

e) Annex v: Regulations for prevention of pollution by garbage from ships. Entered into force 31st Dec 1988 (i) It lays down requirements for disposal of garbage within and outside special areas. (ii) Reception facilities at terminals and ports to be provided for reception of garbage (iii)Placards to be displayed for every ship of 12m or more in length which notifies the crew of disposal regulations (iv)Every ship>400GT, certified to carry 15 persons or more shall have a garbage management plan, which provides written procedures for storing, collecting, processing and disposing of garbage. (v) Garbage Record book required for ships>400GT and carrying more than 15 persons which shall be preserved for 2 years after the last entry is made. f)Annexe vi: Regulations for prevention of air pollution from ships. Entered into force 19th May 2005 (i) Issue of International Air Pollution Prevention (IAPP) certificate by the administration after initial survey as per regulation which will be valid for 5 years (ii) Restriction on use of ozone depleting substances (ODS) such as HCFC’s on board ship (iii) Control of emission of Nitrogen Oxides (NOx) from diesel engines and other modes of propulsion (Reg 13) (iv) Control of emission of Sulphur Oxides (Sox) by limiting Sulphur content of fuel to 4.5% m/m and 1.5% m/m for Sulphur Emission Control Areas (SECA) (Reg 14) (v) Installation of approved incinerators for shipboard incineration of sludge and oil waste. The fuel gas outlet temperature and combustion chamber outlet temperatures are monitored (vi) Bunker delivery Note (BDN) must specify in detail the parameters of the fuel supplied and these are to be retained on board for a period of 3 years after the bunkers are received. (vii) F.O.Sample to be taken continuously by an approved sampling method and stored in a clearly marked designated place for a period of not less than 12 months from the time of delivery. (viii) ODC’s should be clearly marked and stored in a designated place assigned for

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that purpose (ix) VOC system for tankers sailing to a VOC designated port. 2) International Convention relating to Intervention on the High seas in cases of Oil pollution causalities 1969. Entered into force on 6th May 1975. this convention affirms the right of coastal state to take such measures on the high seas as may be necessary to prevent mitigate or eliminate danger to its coastline. The 1973 protocol extends convention to even cover pollutants other than oil. 3) Convention on the prevention of marine pollution by dumping of wastes and other matter (LDC), 1972. Entered into force on 30th Aug 1975. This is also known as the LONDON Convention 1972. it prohibits dumping of certain hazardous materials, requires a prior special permit for the dumping of a number of other identified materials and a prior general permit for other wastes or matter. 4) International Convention on oil pollution preparedness, response and cooperation (OPRC 1990) entered into force on 13th MAY 1995 The convention requires (a) Ships must carry an approved plan (b) Provide for establishment of a stock of oil spill combating equipment. Holding of oil spill combating drills and development of detailed plans for dealing with pollution incidents (c) All parties must provide assistance to others in the event of an emergency 5) Protocol on preparedness response and cooperation to pollution incidents by hazardous and Noxious substances, 2000: Adoption 15 March 2000. Entry into force: twelve months after ratification by not less than fifteen states which are states party to the OPRC conventions. 6) International Convention on the control of Harmful anti fouling systems on ships (AFS), 2001 Adoption: 5th October 2001. Entry into force: the convention will enter into force 12 months after 25 states representing 25% the worlds’ merchant shipping tonnage have ratified it.This convention prohibits the use of harmful organisations (in antifouling paints) used on ships and establishes a procedure to prevent potential suture use of other harmful substances in anti fouling systems 7) International convention for the control and Management of ships ballast water and sediments, 2004 Adoption 13th February 2004. Entry into force 12 months after ratification by 30 states, representing 35 per cent of world Merchant Shipping tonnage.

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Q 42) Discuss the contribution of the following factors on ship in identification of proper training for a specific task performed (i) Internal Audits (ii) Emergency drills (iii) Previous training and experience (iv) Familiarization with new equipment. Ans. Internal Audits:- The ISM Code section 12, Company verification, review and evaluation makes it mandatory for the company to control the shore and ship-based safety management system, and pollution prevention activities by means of internal audits. Internal Audits would help to :• Determine the level of conformity or non-conformity of the system with specified requirements • Determine the effectiveness of implemented management system in meeting specific objectives • Determine compliance with regulatory requirements Internal Audit is a form of self verification. It will identify, where appropriate – with regard to training :Procedures - Bunkering, use of machinery checks – arrival, departure, etc; Documents - Oil Record Book, Log Book, Permits to Work, Safety Data Sheet etc; Personnel - Training Records, familiarisation location and use of safety equipment. Corrective Action – Reports of Accidents, Near-miss Application. Equipment - Maintenance and Operation of OWS, LSA, FFA, etc; There are two methods for audits to find out above : observing & interviewing. Observing :- It gives the visible flaws in documentation, machinery condition/operation. condition of ship, operation of ship. Interviewing :- When a safety management procedure exists, the personnel involved should be able to describe their understanding of the way it is carried out or in some cases, provide evidence for the same. The auditor should compare the participants statement against standard procedure. If it is not, it may lead to personal harm, damage to ship/cargo/environment. This will be a nonconformity. Thus this may indicate the requirement of on-board training of personnel. Emergency Drills:- Regulation 8 of ISM Code identifies the need for drills & exercises to prepare for emergency action. Musters and drills are required to be carried out regularly. These are exercises which have the objective to prepare a trained and organised response to potentially hazardous situations which may threaten life, property or environment. It is important to be carried out as realistically as possible.

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The initial response and action of personnel during these drills will bring out the need (if any) to further train the personnel on board for operation of safety equipments and safe procedures to be adopted in event of such a situation. Previous Training and Experience:- As per STCW 95 there are certain courses which have to be done for joining the ship e.g. people have to be trained at shore for various simulated emergencies. For ‘fire’, AFF(Advanced Fire Fighting) & BFF(Basic Fire Fighting) courses train the personnel how to deal with it and various technicalities of the same. For abandon ship & to rescue a person in distress at sea, the PSCRB(Proficiency in Survival Craft & Rescue Boat) course is there. To deal with medical emergencies, various methods of first aid are taught in MFA(Medical First Aid). Personal Safety and Social Responsibility (PSSR) deals with the said name. All above courses are mandatory as per STCW 95 convention code A Regulation VI. Apart from above courses, for joining the specialised vessels like Oil Tankers, LPG, Chemical Tankers, specialised courses are needed to be done. There are other courses which are not mandatory, but company encourages to do to improve the competency of the personnel, e.g. hydraulics, pneumatics, electronics etc. If required, on board training and drills should be carried out to train the crew who do not have adequate knowledge. Familiarisation with new Equipment:- While familiarising with new equipment following points should be observed: •

Operation of equipment

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Normal operating parameters

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All related safety alarms and cut-outs of equipment

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Maintenance schedule

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Operating procedure posted near equipment

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Spares of new equipment kept and marked

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All control places of equipment

Q 43)The vessel where you are posted as Chief Engineer is undergoing dry-docking and a serious fire occurs on the deck because of welding work. Illustrate the documented procedures to deal with such emergency and its advantage over non-documented actions? Explain the different ship related contingencies against which document procedures are maintained under emergency preparedness of ISM Codes. In case of a major pollution of oil from a ship how best the contingency plans in emergency preparedness help over other actions. Ans) According to the ISM code the company should make documented procedures to identify 86

describe and respond to potential emergency shipboard situations. The company should establish programme for drills and exercises to prepare for emergency actions. The safety Management System (SMS) should provide for measures ensuring that the company’s organization can respond at any time to hazards accidents and emergency situations involving its ships. Due to the nature of dry dock repair activities (that means it involves numerable jobs of vastly varied and diverse nature) it is challenging task to device a fire fighting plan that will satisfactorily operate under all conditions. Thus, necessarily in such a situation a suitable fire fighting plan should be open to frequent changes and thus should be highly flexible in nature. Due consideration to be given to following peculiar situational hurdles. As the fire fighting is to carried out on the deck of a ship in dry dock there are several hurdles to fire fighting: Major jobs are being carried out, thus most primary muster stations may not be suitable for muster log. Also, some repairs may be in progress on the vessels general emergency alarm system and thus alarm may not be available there is a possibility that some ships crew have availed of shore leave. Also, several shore gangs are working at different locations ships fire fighting appliances may have gone ashore for pr. Testing/recharging. Hence above points to be taken into account whilst devising a suitable plan. It is also stated in SMS manuals documentation that the master make it clear to the ship repairer that its his responsibility for taking suitable precautions against fire, testing and certification of spaces prior to any hot work. There has to be in place a clear written agreement to the effect and an acknowledgement of the acceptance of their responsibility to be provided to the ship owner/master. To ensure proper safety against fire and fire fighting to be effective the vessel management must also familiarize/acquaint with the Dock employers fire safety plan, equipment and abilities which must include the following information. Identification of significant fire hazards Procedures for recognizing and reporting unsafe conditions (fire patrols, designated and nondesignated areas for hot work checklist etc). Alarm procedures Procedures for notifying employees of a fire emergency Procedure for notifying fire response department of a fire emergency Procedure for evacuation

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Procedure to account for employees after evacuation Fire response policy-Information Whether (i) Initial fire response (ii) Outside fire response (iii) A combination of both above required during a particular type of fire. Rescue and Emergency response. And also following points o be considered while developing a contingency plan to fight fire on board. Suitable muster station for all teams to be declared made aware at the beginning of day along with planning and allocation of other jobs. Status of general emergency alarm to be checked and declared/made aware/ familiarize to ship staff and shore employees Equipment for communication with dock (telephone) to be conspicuously marked and numbers for emergency services and fire department to be highlighted. Officers at management level to be familiar with dock evacuation procedure, shore fighting abilities, fire fighting plan equipment and dock emergency alarm Logs of attendance 1 each for vessel and yard employees to be maintained specifying names of employees with jobs, location and in out times to avoid chaos during head count. Considering the above underlying concepts a suitable fire fighting plan would be as follows: Personnel witnessing the fire to shout fire, fire and raise general alarm and inform and relay to command team of nature and location of fire and whatever information available. If possible also inform/alert clock fire department personnel muster at suitable muster station command team/Technical team to inform Dock fire department. (if not already informed) Take head count, check logs (Attendance) stop all work. In case of fire on Deck Emergency team I (headed by C/officer) to lead fire fighting and in case of E/R fire Emergency Team II to lead fire fighting Emergency Team II to lead fire fighting while other emergency team will back up. Emergency Team I to lead fire fighting to check fire line pressure, contain extinguish fire. To evacuate casualties if any To liase with Dock fire fighting department if already present and to assist them in fire fighting with logistics and shipboard plans etc. asses damage and possibility of secondary fire. Back up team: To provide boundary cooling where required. Provide equipment back up Restrict flame by removing flammable item. Evacuate casualties and shore personnel

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Support team: To evacuate personnel and to provide first aid to injured. Assist as directed Technical team: To cut of necessary electrical supplies to cut of shore pneumatic lines. Stop vents oils valves drain oil lines etc. The advantages of documented procedures over the non-documented procedures for fire fighting The plans are ship specific and devised by experts hence they are readily executable and effective All personnel are accounted and resources can be mobilized in a very short time. Absence of key person may not affect fire fighting as jobs/duties and deputy leader are assigned and well defined. New joining crew can easily familiarize with procedure. Documentation and availability of shipboard plans enable shore expertise to access situation and give proper assistance. avoids duplication of effort, confusion/chaos simplified instructions/complexity reduction Documented procedure have been devised with an aim to quickly regains control and restore Considerable damage to property loss of life and injury can be avoided. Proper reporting and documentation helps in insurance claims. Documentation enables to analyse effectiveness of procedures employed and thus enable improvisation Human error due to poor decision making is minimized. Responsible persons with help of well documented procedures and clear definition of duties and regular exercise drills can quickly arrive at correct decision under stressful and life threatening environment. Contingencies against which documented procedures are required to be maintained as per ISM Code are: Structural failure Main Engine failure Steering failure Electrical power failure Collision Grounding / Stranding Shifting of cargo Cargo spillage and contamination Fire Cargo Jettisoning

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Flooding Machinery Room Casualty Abandon Ship Drill Man over board/Search and Rescue Permit to work systems Serious injury Helicopter operation Terrorism and piracy Heavy Weather Damage Sopep MARPOL Annex I requires oil tankers of ISO gross tones and above every other ship other than oil tanker of 400 GRT and above must have a Sopep Plan (Shipboard oil pollution and emergency plan) SOPEP plan is a well documented plan devised by experts and is exhaustive and ship specific in nature such that there is no chance of oversight It is complete with all information so that master will feel no need o refer to any other document for reference. It is structures logically that will reduce decision making time and error It is so designed that master of vessel can interact with company in real time and shore experts can assess the situation of the vessel and offer advice, assistance as to action to take, stress calculation and other help. The plan also has list of all contact no’s of third parties that are helpful in the emergency and are need to be contacted The plan has appended to it V/L tank and pipeline plans capacity chart of tanks general arrangement of hull and decks for ready reference. The plan employees flow charts and checklists that guide master through various actions and decisions. Following a contingency plan saves lots of time and panic situation and help to control the situation at an early stage. Everybody knows what he has to do in this emergency and acts promptly and effectively and no time is wasted. All personnel on board well aware with this plan and regularly exercise drills for their optimum performance in case of major/minor oil pollution. Q 44)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

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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: (b) A shipping casualty has occurred within the meaning of Act. (c) The details of the voyage leading to the casualty. (d) Events that led to the casualty (e) Extent to which loss of life or loss of property has occurred due to shipping casualty (f) 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

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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 Q 45. Explain the key features of UNCLOS. Enumerate the key areas covered under the convention. Ans

UNCLOS stands for ‘United nations convention on laws of the sea’. This is an evolution of the ‘law of sea’. This is an evolution of the ‘Law of sea’ convention i.e., the means for ensuring freedom of navigation at sea. This leads to the need for establishing an internal law to determine the status of sea areas and the governance or the inter relationship 92

of countries using the world’s ocean. Key features of UNCLOS − This was basically an attempt to codify the international law of the sea − It is a treaty document of 448 articles grouped under 17 heads and 8 annexes. − It was an outcome of the 1982 UNCLOS and came into force on 16th Nov 1994 − Sets the width of a territorial sea as 12nm with the contiguous zone as 24nm from the base line. − Also defines ‘innocent passage’ thro territorial seas and transit passage through international sea. Defines archipelagic states and allows for passage thro archipelagic water. Establishes EEZ an attending to 200Nm from the base line. Defines the legal status of being on the ‘High seas’ and regulations for the control of marine pollution. Key areas covered under the convention 1. Territorial Sea 2. Contiguous Zone 3. Exclusive economic Zone 4. Continental Shelf 5. High Seas Territorial Sea: Extends to 12 nm from the baseline foreign flag vessels have a ‘Right of Innocent passage’ thro 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 it is essential for the protection of coastal state it’s security or for weapons exercise. In internal waters the coastal state can exercise jurisdiction overall vessels. In territorial seas, it should both exercise criminal jurisdiction except:1. If the consequences of crime extend to the coastal state. 2. If crime disturbs the peace of the country or good order of the sea 3. If master of a vessel or an agent of the flag state, requests the coastal state to exercise jurisdiction 4. If jurisdiction if necessary to suppress illicit traffic of narcotic drugs. Contiguous Zone: Extends 12nm beyond the territorial sea limit coastal state must exercise controls necessary to prevent infringement of its customs fiscal immigration or sanitary laws and regulations within its

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territories. Vessels covering noxious dangerous substances or waste may be turned away on public health or environmental grounds Exclusive Economic Zone: Extends to a maximum of 200 nautical miles from the baseline 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. Continental Shelf: The outer limit of the continental shelf shall not exceed 350nm from the baseline or shall not exceed 100nm coastal state has exclusive rights for exploring and exploiting its natural resources. The state also has the exclusive rights to authorize and regulation drilling on the shelf for all purposes. 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 construct artificial islands installation, 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, arrest and hot pursuits Q 46)List the objectives of an ISM Internal Audit of a ship. How an internal audit helps in External Audit of a vessel? Name the salient issues addressed in the Internal Audit and the persons responsible to carry out the same. Ans. Internal audit is carried out to verify whether the various elements of the Safety Management System of the organization are effective and suitable, in achieving the stated management objectives. The auditor should check: Plans / procedures are being followed  Laws and regulations are being followed

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 Records / Documentations are being maintained to provide adequate and accurate information  Deficiencies are identified and corrective action taken  Personnel are familiar with the use of SMS As per ISM Code Part A element 1.4, Functional Requirement for a Safety Management System are to be taken in consideration during the Internal Audit. If any deficiency is found can be corrected regards to:(a) Procedures (b) Personnel (c) Non-conformity (d) Corrective action How Internal Audit helps in External Audit: The Internal Audit is carried out as per the procedure laid down in company’s SMS at regular interval(functional requirement of SMS as per ISM Code Part A 1.4)  It is conducted by company’s person who is other than the field of auditee  Any deficiency found can be corrected as per procedure laid down in company’s field  If any deficiency found, concerned responsible person is informed  By this all documents, displays, procedures, emergency equipments etc., are checked for proper order  As it is only company matter so time is not the issue. By this it can be said that internal audit is helpful for external audit. Salient issues addressed in the internal audit are: About safety and environment protection policy  Instruction and procedure to ensure safe operation of ships  Level of authority and lines of communication between shore and shipboard personnel  Procedures for reporting accidents and non-conformities  Procedures to prepare for and respond to emergency situations  Company’s DOC validation Person who carry out the Internal Audit is Company’s man and most probably from ISM cell. D.P. is the responsible person for carrying out / organizing the internal as well as the external audit The audit is carried out by a competent person belonging to the department other than the field being audited. He must have gone through the auditor courses and must be trained. He must be familiar with the company procedure with regards to:--- Conducting audit ---- Corrective action and procedure

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Q 47) An accident with a ship relates with a grounding while approaching a port. On an inspection made by a team of surveyors, you are to submit the relevant Log book records for formulating an opinion regarding cause of grounding. Taking figures from real life situations present a case study to underline that machineries were functioning satisfactorily. Ans. Case Study: Grounding of the MONCHEGORSK, Bridge Team Management, and Passage Planning. Some general characteristics of the MONCHEGORSK. Length: 177 meters (581 feet) Beam: 23 meters (74 feet) Draft: 6.5 meters forward; 8 meters aft Deadweight: 19,943 tons Gross Tons: 18, 627 tons Year Built: 1983 Main Engine: 15,446 kW (20,999 bhp) General Cargo Ship with Ro/Ro side ramp and icebreaking capability. Single screw, CPP, geared to two main engines. Crash Stop (Maneuvering Full Astern both Engines) From Full Ahead Ballast: 0.55 NM Loaded: 0.85 NM Time: 3 minutes 10 seconds From Slow Ahead Ballast: 0.35 NM Loaded: 0.5 NM Time: 2 minutes 30 seconds • The MONCHEGORSK was in an partially loaded condition with a draft of 6.5 meters forward and 7.95 meters aft.

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•

Loaded the ship draws 8.5 meters.

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The ship was carrying 52 containers, 2 vehicles, and 10 break bulk cargoes on this voyage.

•

The ship’s capacity is 140 cars, 36 trailers, and 576 containers (TEU).

Turning Circles Full Ahead Ballast Advance: 0.31 NM Transfer: 0.16 NM Loaded Advance: 0.29 NM Transfer: 0.15 NM Slow Ahead Ballast Advance: 0.27 NM Transfer: 0.14 NM Loaded Advance: 0.25 NM Transfer: 0.14 NM • Turning circle information needs to be considered based on partial load and intermediate speed 9 to 11 knots. • ”Full Ahead,” both engines on line, with a pitch setting of “10,” and 540 rpm is listed on the maneuvering diagram as 18.1 knots. • ”Slow Ahead,” both engines on line, with a pitch setting of “4,” and 420 rpm is listed on the maneuvering diagram as 11.4 knots. •

These reflect a loaded condition.

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The maneuvering diagram indicated 1 to 3 knots of additional speed for a ballast condition.

All these data were confirmed by the surveyors by checking manuals, log book records and planned maintenance. They found that the engine condition was satisfactory at the time of incident. Not for navigational use. Nisqually Reach the Nisqually Flats which is a National Wildlife Refuge. Balch Passage, between McNeil and Anderson Islands, was the path the Pilot intended to take from the start of the transit. Nisqually Reach, south of Anderson Island, was the track the Master understood the vessel would follow.

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The Pilot: Master 1600 gross tons, Second Mate any gross tons, Oceans. First Class Pilot any tons, Puget Sound. Sixteen years experience as pilot. No other incidents. The Master: Master’s license (Russia). Reported working as a pilot in Murmansk for five years. Worked aboard MONCHEGORSK before. Russian was first language, scored well on English language proficiency test. No interpreter necessary. The Chief Officer: Master’s license (Russia). Worked aboard MONCHEGORSK before. Russian as first language, scored well on English language proficiency test. No interpreter necessary. The Helmsman: Able-Bodied Seaman. Worked aboard MONCHEGORSK before. Russian was first language. Required an interpreter for interview. The Chief Engineer: Class 1 license (Russia). Worked aboard MONCHEGORSK before. Russian as first language, scored well on English language proficiency test. No interpreter necessary.

Course recorder information had to be adjusted for both course and time because the Chief Officer did not start it before the MONCHEGORSK departed the dock. He annotated the time as 1737. Using the ship’s position as recorded by the Chief Officer on the chart, an additional correction of 2 to 3 minutes was found to be necessary. A suggested 6-minute adjustment was checked but did not correlate well with other data. The 32-degree course correction was derived from the recorded heading versus the observed grounded heading.

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Extract from the bell logger tape. Note the slowing of the MONCHEGORSK’s engines starting at 1820 as the ship rounded Devil’s Head. Note also the one-minute backing bell at 1826.

Error Chain Indicators Some of the error chain indicators that were present as the MONCHEGORSK grounding playedout. • Ambiguity. The track to be followed by the MONCHEGORSK was not clear to all members of the bridge team prior to departure. •

Distraction. The Pilot stated that he was concerned with small vessel traffic.

• Inadequacy and Confusion [loss of control]. The Pilot said he knew the heading had gotten too far over and realized he needed to come hard to port or stop the vessel. The Helmsman stated he knew the ship had to proceed more to port, but he received starboard helm orders. The Chief Mate said he wondered about the Pilot’s starboard turn order, and attempted to contact the Master regarding the order. • Communication Breakdown. The Chief Mate did not call the Master upon learning of the Pilot’s intent to deviate from the intended route. The Chief Mate was apparently unaware of the Pilot’s concern for small vessel traffic in Drayton Passage.

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•

Non Compliance with Plan. The planned route was not followed.

• Procedural Violation. The Chief Mate did not call the Master about the deviation from the intended route despite a standing order to the contrary. The engine room log book, pms records were thoroughly checked. The chief engineer was interviewed to find out any malfunctions with the engine or steering, or any stoppages or breakdowns before the incident. It was also checked whether any maintenance work was carried out on main engine or steering prior departure. The main engine trying out record in ahead and astern directions, and steering and emergency steering trying out prior departure port records were verified and were found satisfactory. Alarms and controls trying out records in pms were also checked. Hence it was confirmed that the machineries were running satisfactorily at the time of incident. Lessons-Learned • Passage plans should be reviewed and discussed by the bridge team (including the pilot) when the pilot boards the ship. Any changes foreseen at that time should be evaluated, plotted on the chart, and made known to all bridge team members. • Changes to passage plans should be evaluated to determine their impact on the composition and duties of the bridge team. • Communication is critical to the bridge team. It maintains the situational awareness of bridge team members and ensures that developing error chains are interrupted. •

Standing orders should be consistently followed.

Investigation Notes •

Multiple-investigating agencies: Pilotage Commission, Ecology and U.S. Coast Guard

• Sorting out timing of events from recorded information - course recorder, engine logger interpretation. • Differing recollections of apparently credible individuals - the Chief Officer and Pilot offered differing accounts of the who gave the various engine orders that were recorded. •

Interview timeliness. Some witnesses interviewed a month after the grounding.

• Willingness of interviewees. Pilot reluctance to give statement to U.S. Coast Guard during initial investigation.

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• Alcohol testing was not conducted due to equipment problems. Alcohol could not be ruled out categorically as a factor. • Voyage Data Recorders - should help sort out events during future incidents once the requirement is implemented internationally. • Fatigue - The Chief Officer offered a question to US Coast Guard investigators that raised the possibility that he may have been fatigued at the time of the grounding.

The Washington State Board of Pilotage Commissioners issued a reprimand to the pilot for his role in the grounding. In addition, the Board required him to take additional Bridge Resource Management training (at his own expense) and levied a monetary fine. An additional fine and suspension of his license were issued as a suspended sanction for a period of one year. Q 48) As Chief Engineer on board stress the issues you will address for lack of motivation, differences in attitude and to increase sense of competitiveness for better management and effective control? . Ans. Lack of Motivation: - Man is a social animal and to make him work in isolation will lead to dissatisfaction and unnecessary stress. Companies often employ multinational crew, which may lead to potential conflicts. In order to improve profitability, companies try to reduce the number of crews on board to a minimum. In case every thing works properly, there is no perceived problem. In case something should go wrong, the manpower available is not sufficient to deal with the problem. This is one of the main reasons leading to stress, which would either be physical or psychological. Reasons leading to physical stress & then to lack of motivation could be reduction in manpower on ships to reduce costs or frequent calling at ports. This leads to an imbalance in the human biological clock, when working/rest hours (in port) are different from those at sea... Duties in ports may require far more physical effort and longer working hours due to the work load – completing the work to sail. Therefore officers and crew members, working in above environment, will reveal typical symptoms of fatigue. Reasons leading to de-motivation could be: Problems at home/family end  Not being relieved on time which could lead to home sickness.  Differences of opinion among colleagues  Job pressures  Dissatisfaction due to company’s policy; arguments with regards to salaries/promotion/leave etc., Issues and reasons related to differences in attitude:INTEREST: - Different people have different interests in a work organisation. In ships environment different people like different jobs. Some people are expert in finding out solutions to a problem, some are very good in workmanship, and some are good in planning. But, the problem is usually confronted when these interest are not met. Thus attitude of a person changes. KEITH DAVIS (professor of management in the School of Business Indiana University) said, “Human relations, an area of management practise, are the 101

integration of people in to work situation in a way that motivates them to work together productively, cooperatively and with economic, psychological and social satisfaction.” It simply means that there should be no diversity in interest; but an attempt should be made to integrate the interest of each person with the interest of all others in the organisation. COOPERATION: - No objective can be achieved without cooperation among people. In shipboard management also if subordinates are not satisfied with cooperation of their superiors, attitude of a person is bound to change as a result, a problem of disobedience, lack of interest or even confrontational behavior itself will be evident. In KEITH DAVIS’ definition; secondly, principal objectives of integration should be to secure the willing cooperation of the employees. As a result of sincere efforts on the part of management, the workman can be motivated to offer their willing cooperation for achieving the targets of greater, better and cheaper production. In ships, an environment of cooperation is essential due to diversity in kind of work/jobs required on board at a given time. To do this, personnel have to understand each others comfort and care for their help in any situation. Q 49) A successful voyage as a chief engineer is a combination of a trouble free run of machinery, optimum use of fuel, minimum interpersonal conflicts and minimum intervention of shore authorities, do you believe this to be true considering the ship as an organization, explain how you as manager can achieve this Ans. success is the achievement of one’s goals, all the above items are important for safe running and profitability of the ships Safety of the ship is critically depend on not just the safe running of various machinery, but also on the existence of the values and relationship, which the officers and crew have with each other. It is not always the technical approach that makes the difference in safety, but the relationship that people build, that play a great role Failure of the machinery may not necessary lead to an accident as a matter of fact in majority of fact, in majority of accidents reported human error has often been sited, it is a single largest cause. When a person knows what is to done and how , why does he/she make the mistake, this is difficult to pinpoint on the likely cases in the wrong attitude of people, the so called the lack of motivation People may be de-motivated for a variety of reasons, personal(family problems), social(conflicts due to difference in class/caste/economic level), lack of morale due to bad reputation. Conflicts and work stress on board. This may also reduce ones willingness to cooperate in team work, and hence safety may be compromised A chief engineer has an important role as manager, basically to keep the conflict among his staff to minimum, so that does not effect the working atmosphere in engine room Inter personnel conflicts con occur due to the following reasons 1) personality conflicts 2) human expectations 102

3) poor organizations 4) lack of communications skills 5) wrong style of functioning 6) limited resources 7) drug and alcohol abuse Such matters lead to conflict, should be taken up C/E and resolved at the earliest by holding a joint meeting between concerned parties. He should make them understand the importance of team in running the vessel and their conflicts may lead to a win/win situation. A clear inter-personnel relation ship is maintained by building trust, acceptance and support Apart from the above the C/E 1) ensure healthy environment on board 2) have good managerial skills to get the best out of the people 3) have good technical skills to train and advice his staff in proper running and maintenance of machinery 4) ensure good planning and proper utilization of time(work /rest hours) 5) Select the right person for right job 6) Conduct training session and ensure competency of his staff 7) Managerial of spares and stores efficiently and economically 8) Manage F.O and L.O consumption, record regularly and investigate any deviation from normal 9) Communicate effectively from time to time with the office to prevent unnecessary reminders and interventions 10) Ensure proper house keeping

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