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MARINE BUSINESS AND LAW

Dalam dokumen The Seamanship Examiner (Halaman 176-186)

Question 30. Describe the method of a full compass adjustment by a compass adjuster?

Answer: Prior to boarding, level the VFI while ashore. On boarding the vessel, carry out pre-swing checks. Place the Flinders bar and pos- ition spheres in mid-bracket positions. Take bowl out and position VFI to correct for heeling error. At the swinging ground establish a suitable target. Commence swing and correct coefficients. Swing again and check residuals. Produce ‘deviation card’ and complete documentation.

It should be noted that candidates for Master (unlimited) are not required to demonstrate a compass correction procedure. However, in order to be competent to answer associated questions by an examiner on the use and care of various types of compasses, it may be considered useful to be able to carry out a full correction procedure.

take his vessel into the winter zone, knowing his ship would be over- loaded, in order to respond to the distress situation?

Answer: Yes. A vessel may enter a winter zone for the express pur- pose of responding to a distress situation. However, once the distress situation is resolved it is anticipated that the vessel would take the shortest and safest route to return to the summer load line zone. A notation of the ‘deviation’ would need to be entered into the Log Book.

Question 4. When would a Master not have to respond to a distress signal?

Answer: Response to a distress is not required, if:

(a) it is considered unreasonable or unnecessary to do so;

(b) the distress vessel has sufficient vessels requisitioned to assist and your vessel is released from the obligation of attending;

(c) action would endanger the Master’s own vessel and/or crew;

(d) where the distress is cancelled and the distress party no longer requires the attending vessel(s).

Question 5. What are the statutory obligations placed on a Master when navigating inside known ‘ice regions’?

Answer: The Master when informed that dangerous ice is ahead on his intended track, must: alter his course and proceed at a moderate speed at night. Further, if he encounters dangerous ice, he is obli- gated to make a statutory report of the type and position of this ice (Reference: SOLAS).

Question 6. What is the period of validity of the International Oil Pollution Prevention (IOPP) Certificate?

Answer: Five (5) years.

Question 7. With reference to the UK what ships must comply with the 1996 Marine Pollution (Convention) (MARPOL) Regulations?

Answer:

(a) All UK ships.

(b) All other ships in the territorial waters of the UK.

(c) Government ships (exemption for warships and auxiliaries).

Question 8. Are you allowed to dispose of garbage over the ship’s side?

Answer: Generally no, but food waste can be disposed of without any required need to grind or comminute, provided the ship is away from land and never within 12 nautical miles.

Note:Nothing is allowed to be discharged in Antarctica or the Arctic.

Question 9. What entries are made in the Garbage Record Book?

Answer: Records must be kept of all discharges or incineration of garbage. The Garbage Record Book is part of the Official Log Book but may be kept separately. Entries will include:

(a) Date and time of disposal or incineration of garbage.

(b) The position of the ship at the time.

(c) A description and amount of garbage involved.

(d) Any accidental discharge or loss of garbage.

The Master must sign every page of the Garbage Record Book.

Question 10. Under what regulations is the ship’s International Tonnage Certificate issued?

Answer: Under the Regulations established by the International Tonnage Convention.

Question 11. What is the main reason for a Master to ‘Note Protest’?

Answer: The main purpose of ‘Noting Protest’ in the UK is to sup- port a cargo owner’s claim against underwriters.

Note:There is no legal necessity to ‘Note Protest’ in the UK as they are not accepted as evidence in favour of the Party, making the protest, unless both parties agree.

However, on the continent and many other countries a Note of Protest is admissible as evidence before a legal hearing, and the success of a case may well depend on Protest being made.

Question 12. What is involved in making ‘Protest’?

Answer: The procedure of making ‘Protest’ is carried out by the ship’s Master making a statement or declaration, under oath to a Notary

Public, a Magistrate or a British Consul. The statement is related to an occurrence during the voyage, which is beyond the control of the Master, which has given or may give rise to a loss or damage.

Question 13. When would a Master ‘Note Protest’?

Answer: A ‘Note of Protest’ is made:

(a) When the ship has encountered heavy weather which may result in cargo damage.

(b) Whenever damage has been caused or is suspected from any cause.

(c) Where cargo has been damaged through a peril of the sea (i.e. inadequate ventilation because of the stresses of bad weather).

(d) When cargo is shipped in such a state as to be likely to deteri- orate during the voyage (B/Ls would also need to be endorsed in this example).

(e) When the terms of the Charter Party (C/P) has been breached by either the Charterer, or his agent. Examples: refusal to load, or loading improper cargo.

(f ) When consignees fail to discharge cargo or to take delivery and pay freight.

(g) In all cases of General Average, or failure to make a cancellation date due to heavy weather.

It should be borne in mind that the act of Noting Protest should be made as soon as possible after arrival in port. Where a cargo Protest is being made, this should be carried out before ‘breaking bulk’.

Where cargo is for several ports, a Note of Protest should be made in each port.

Question 14. When signing on a crew, the Master thinks he has been presented with a fraudulent Certificate of Competency. How can he ascertain the validity of the qualification?

Answer: On inspection, the Master would take note of the full name and certificate number, together with the date of birth of the person presenting the credentials. The Master would contact the Marine Authority of issue, and confirm the personal details of the Officer pre- senting the papers.

Question 15. What is General Average?

Answer: Is a sum of money that all parties to the venture have to pay to any one member who suffers a partial loss during the voyage. If a cargo owner does not pay his contribution, then the ship owner will have a ‘lien’ on the cargo.

Question 16. As Master of a ship you are expected to report certain meteorological phenomena. What weather features would you report?

Answer: As Master I would report the following features:

(a) The sighting of dangerous ice.

(b) Storm force winds of force ‘10’ or over for which no report has been issued.

(c) Sub-freezing air temperatures (that could give rise to ice accretion).

Question 17. If a member of your crew died on the passage, what would you do?

Answer: In the event of a death of a crew member it would be the responsibility of the Master to complete the report form Return of Births and Deaths (RBD) 1 and deliver it to a Superintendent and, Consul, or Shipping Master at the earliest opportunity. The Master would further cause an entry to be made into the Official Log Book, which is consis- tent with the RBD 1 report.

The body should be kept isolated and under security until it can be landed. If a post mortem is carried out at any time a copy of the report and any other associated medical details should accompany the body when landed.

An inquiry into the death may be required and if so, a report of this inquiry is to be made.

Question 18. Three members of the crew make a complaint about the food on the ship. What would be the actions of the Master?

Answer: If only one man makes a complaint the Master is not legally obliged to act. However, when three men or more complain, the Master must investigate the grounds for the complaint and if it is found proved, take such action as will rectify the problem.

He is then expected to inform the complainant of his actions and obtain their agreement to satisfaction, that the action taken has been adequate. In the event of that they are not satisfied with the action taken, they may take their compliant to a higher authority, namely a proper Officer, i.e. Port Superintendent.

Whatever the outcome the Master must enter the details of the com- plaint into the Official Log Book.

Question 19. What Certificates are issued by the Marine Authority (Maritime and Coastguard Agency (MCA))?

Answer: Safety Equipment Certificate, Safe Manning, Document of Compliance, Safety Management Certificate, Cargo Ship Safety Construc- tion Certificate.

Question 20. What certificates are issued by the Classification Society?

Answer: International Tonnage Certificates, Load Line Certificate, Cargo Ship Safety Radio Certificate.

Note:One or more of the Safety Convention Certificates are issued on behalf of the Marine Authority (UK, the MCA; US, United States Coast Guard).

Question 21. On a tanker vessel what certificate must you carry to show that you comply with the MARPOL Convention?

Answer: The vessel is required to have the International Oil Pollution Prevention Certificate (IOPPC).

Question 22. What sanctions could a Master impose if a seafarer was found to be guilty of a breach of the ‘Code of Conduct’?

Answer: Any sanction imposed by the Master would be dependent on the nature and degree of the breach of the Code. The punishment to fit the crime, so to speak and would consist of one of the following:

(a) A formal (oral) warning and a record made in the Official Log Book.

(b) A written reprimand, also recorded in the Official Log Book.

(c) Dismissal from the vessel, either immediately (if in a UK port or an overseas port) or at the next port of call.

CARGO SHIP SAFETY EQUIPMENT CERTIFICATE

THIS CERTIFICATE SHALL BE SUPPLEMENTED BY A RECORD OF EQUIPMENT (FORM E) ISSUED UNDER THE PROVISIONS OF THE

INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS MODIFIED BY THE PROTOCOL OF 1988 RELATING THERETO

UNDER THE AUTHORITY OF THE GOVERNMENT OF

_______________________________

(Name of the state)

by_________________________________

(Surveyor, American Bureau of Shipping) Particulars of ship

Name of Ship Distinctive Number or Letters

Port of registry Gross tonnage a) according to function1 b) according to tonnage2

Deadweight of ship (Metric Tons)3

Length of Ship (Regulation III/3.10)

IMO Number Date on which keel was laid4

Type of Ship5 Bulk Carrier Oil tanker Chemical tanker Gas Carrier

Cargo ship other than any of the above THIS IS TO CERTIFY:

1 That the ship has been surveyed in accordance with the requirements of Regulation l/8, of the Convention.

2 That the survey showed that:

2.1 the ship complied with the requirements of the Convention as regards fire safety systems and appliances and fire control plans;

2.2 the life-saving appliances and the equipment of the lifeboats, liferafts and rescue boats were provided in accordance with the requirements of the Convention;

1 The above gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969.

2 The above gross tonnage has been determined by the authorities of the Administration in accordance with the national tonnage rules which were in force prior to the coming into force for existing ships of the International Convention on Tonnage Measurement of Ships, 1969.

3 For oil tankers, chemical tankers and gas carriers only.

4 Insert the date of expiry as specified by the Administration in accordance with Regulation 1/14(a) of the Convention. The day and the month of the date correspond to the anniversary date as defined in Regulation 1/2(n) of the Convention, unless amended in accordance with Regulation 1/14(h).

5 Delete as appropriate.

Question 23. How often would you expect to carry out inspections of the crew accommodations?

Answer: Inspections must be carried out at least at every seven-day (7- day) intervals, by the Master or his designated deputy. Such inspections must be recorded in the Official Log Book, with the name of the inspec- tor and any findings that did not comply with the regulations.

Question 24. When taking over a ship as Master, what entries would be made into the Official Log Book?

Answer: The outgoing Master would cause an entry to be made in the narrative section, to the effect that he has delivered to me (the incoming Master) all documents and keys relating to both the ship and crew. Both Masters would sign the entry.

The incoming Master would then add his name and certificate num- ber, to the list on the front cover of the log book.

Question 25. What entry would be made in the Official Log Book with regard to disciplinary action taken, following a breach of the Code of Conduct?

Answer: The log book entry would include full details of the alleged breach and results and findings of any subsequent enquiry. The sanc- tion(s) if any, taken by the Master in response to the breach of the code would also be entered.

The seafarer involved in the case must be given copies of the log book entries affecting the case and these must be acknowledged by a receipt signing.

Question 26. When taking over as Master of a vessel, how would you know that the ship is compliant with the International Safety Manage- ment (ISM) Code?

Answer: If the ship is compliant with ISM, a valid Safety Management Certificate, will be strategically displayed along with a copy of the com- panies Document of Compliance (DoC).

SAFETY MANAGEMENT CERTIFICATE

Issued under the provisions of the INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, as amended

under the authority of the Government of ___________________________________

by the AMERICAN BUREAU OF SHIPPING

Name of Ship: ________________________________________________

Distinctive Number or Letters: ________________________________________________

Port of Registry: ________________________________________________

Type of Ship1: ________________________________________________

Gross Tonnage: ________________________________________________

IMO Number: ________________________________________________

Name and address of company: ________________________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________

(see paragraph 1.1.2 of the ISM Code) THIS IS TO CERTIFY that the Safety Management System of the ship has been audited and that it complies with the requirements of the International management code for the Safe Operation of Ships and for Pollution Prevention (ISM code), adopted by the International Maritime Organization by resolution A.741(1B), as amended, following verification that the document of compliance for the company is applicable to this type of ship.

This Safety Management Certificate is valid until ________________ subject to periodical verification and the validity of the Document of Compliance.

Issued at: ____________________________________________

Date of Issue: _________________________________________

____________________________________________________

(Signature of the duly authorized official issuing the certificate)

1Insert the type of ship from among the following: Passenger Ship; Passenger High Speed Craft; Cargo high speed craft; Bulk Carrier; Oil Tanker; Chemical tanker;

Gas Carrier; Mobile Offshore Drilling Unit; Other Cargo Ship

The Merchant Shipping Act SIGNAL LETTERS: ___

CERTIFICATE OF REGISTRY

SHIP’S PARTICULARS Official Number:

IMO Number:

Port Number:

Name of Ship:

GRT:

Description of Ship:

Registered dimensions:

Length metres Breadth metres Depth metres

Where Built:

Date Keel Laid:

Previous Registration:

Former Name:

Hull No:

ENGINE PARTICULARS Description of Engine:

Make and Model:

Number:

Maker:

Year made:

Number of Shafts:

BHP:

Estimated Speed:

OWNER’S PARTICULARS

Name and Address: Number of Shares:

Issued at ________________

On _____________________

Registrar of Ships

Notice: A Certificate of Registry is not a document of title. It shall be used only for the lawful navigation of the ship and shall not be subject to detention by reason of title, lien, charge or interest whatsoever had or claimed by any owner, mortgagee or other person to, on or in the ship.

NRT:

Question 27. What is the period of validity of the Safety Management Certificate?

Answer: Five years.

Question 28. What compatibility must a ship have, prior to the issue of a Safe Manning Certificate?

Answer: Prior to issuing a Safe Manning Certificate (SMC), the sur- veyor would ensure that adequate Life Saving Appliances were in place on the vessel for the certificated number of personnel that the ship has capacity for.

Question 29. What is the function of the Certificate of Registry?

Answer: The Certificate of Registry is issued by a Government to establish nationality and ownership of a vessel.

Question 30. What is a Charter Party?

Answer: The Charter Party is a formal agreement to rent, hire or lease a ship. There are various types of Charter, including: Time Charter, Bareboat Charter or Open Charter.

It is written up with condition clauses that the Master of the vessel would be expected to abide by, while executing the voyage.

Dalam dokumen The Seamanship Examiner (Halaman 176-186)