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 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
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
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
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)
injury)
3. Collision liabilities ( to the extent H&M does not cover)
4. Damage to fixed and floating objects(damage to docks, wharfs buoys etc)
5. Third party injury and death claims(stevedores, passengers, crew members)
6. Oil pollution liability( including pollution by other substances)
7. Special compensation as payable under article 14 of international convention on salvage 1989 including payments assessed under SCOPIC clause
8. 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
9. 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
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
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.
iii. 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
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
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 24-29 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
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:
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
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
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
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
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
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
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
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
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
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 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
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,
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
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 co-operative 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
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
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
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
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
f) machinery installations
g) alternative machinery requirements in case of failure h) steering gear requirements/failsafe
i) 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
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
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
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
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
