mmh ® 12-Apr-2019 18:48

The Shipmaster's Business Self-Examinar


Year: 2011
Language: english
Author: Malcolm Maclachlan
Genre: Reference book
Publisher: The Nautical Institute
Edition: 8
Format: PDF
Quality: Scanned pages + text layer
Pages count: 308
Description: Preface to the 2011 Edition
For this new edition the principal additions and amendments arc in the following areas:
Section A - Maritime Treaty Instruments: Entry into force of revised MARPOL Annex VI and introduction of
Emission Control Areas; Maritime Labour Convention 2006.
Section B - The Flag State and its Law: Maritime claims; liens; arrest.
Section C - The Shipowner, Manager and Operator: IMO Unique Company and Registered Owner Identification
Number; ISM Code 2010; safety culture; ship security assessment.
Section D - The Ship: Goal-based passenger ship safety standards; details on CSR forms; incinerators and shipboard
incineration; vapour collection system in tankers; ECDIS; BNWAS; full-term and short-term certificates; mandatory
surveys of ro-ro passenger ferries and high-speed passenger craft on EU services; ISM and ISPS Code certification
oflaid-up ships; Cargo Ship Safety Radio Certificate surveys; ozone depleting substances documentation; records
relating to low sulphur fuel oils; VOC Management Plan; revised format ofDG Document of Compliance; ballast
water treatment equipment.
Section E - Master and Crew. Master's responsibilities under revised ISM Code; certification of ship security
officers; definition, designation and duties of ship security officer; Biological Agents Regulations; Chemical Agents /
Regulations; Work at Height Regulations; Asbestos Regulations; Artificial Optical Radiation Regulations.
Section F - The Ship's Employment: Carrier's lien; laytime exceptions/interruptions; Rotterdam Rules; loading and
unloading ofbulk carriers; IMSBC Code.
Section G - Marine Insurance: Marine warranty surveyors (replacing The Salvage Association).
Section H - At Sea: Use of heading and/or track control systems; operation of main source of electrical power and
steering gear; master's discretion for ship safety and security; ship security at sea; Implementation of Ship-Source
Pollution Directive Regulations; Disposal ofplastics and expired pyrotechnics; emissions of air pollutants; ship-toship transfers; burial at sea; misuse of distress signals; daily reporting; port arrival preparations; "hazmat"
notifications; Paris MoU pre-arrival notifications; ship and port security arrival preparations; ballast water
management including exchange methods; EU ban on single-hull tankers carrying heavy grades of oil.
Section I - In Port: Pilot access control; pilotage directions and pilotage exemption certificates; taking over and (
handing over command; flag State and port State control; port State control regional agreements; Paris MoU New {
Inspection Regime; volatile organic compounds; sulphur at berth in EU ports; master's discretion for ship safety and
security; lay-up; passenger counting and registration; practice passenger musters; emergency information for '
passengers; steering gear test and drill requirements; "hazmat" notifications.
Index: A detailed and comprehensive index has been introduced.
Index ofM Notices: An index ofM Notices referred to in the text has been added. v
Elsewhere, innumerable other amendments have been made.
Malcolm Maclachlan (
Biggar, Scotland ,
January 2011

Contents

Contents
( ( r
Page (-
Section A: Maritime Treaty Instruments 1
IMO and TREATY INSTRUMENTS: GENERAL 1
International Maritime Organization (IMO) 1
IMO Conventions 1
Other IMO instruments 2
Gas and chemical tanker codes 2
Formal Safety Assessment 2
SOLAS CONVENTION 3
Application of SOLAS to ships 3
SOLAS chapters 3
SOLAS-related codes 3 i
Global Maritime Distress and Safety System (GMDSS) 3
MARPOL CONVENTION 4
Application of MARPOL to ships 4 v.
MARPOL annexes 4
Special Areas, Particularly Sensitive Sea Areas and Emission Control Areas 4 ,
NOx Technical Code 5
LOADLINE CONVENTION 5
COLREG CONVENTION 6 ,
STCW CONVENTION 6
STCW Code 6
IMO ACTION DATES 7 -
UNCLOS 7 1
OTHER INTERNATIONAL TREATIES AND RULES CONCERNING SHIPPING 7
United Nations agencies 7
ILO Conventions 7
International Health Regulations 8
International Radio Regulations 8
Carriage of goods by sea rules 8
York-Antwerp Rules 8
Athens Convention 8
Section B: The Flag State and its Law 11 1
UK LAW 11
Types of UK law 11
European Community (EC) law 11
UK legislation 11
Jurisdiction over UK and non-UK ships and seafarers 12
UK COURT PROCEDURES, OFFENCES and PENALTIES 12
Court hierarchy 12
Court procedures 12
Offences and fines 12
FLAG STATE ADMINISTRATION 13 '
Flag State duties 13
Flag State Administrations 13
UK GOVERNMENT ORGANISATIONS and OFFICIALS 13
Department for Transport (DfT) 13
Maritime and Coastguard Agency (MCA) 14 ,
HM Coastguard 16
Proper officers 17
Health and Safety Executive (HSE) 17 ,
Prohibition and Improvement Notices 17
SOSREP 18
Marine Accident Investigation Branch (MAIB) 19 /
Registry of Shipping and Seamen (RSS) 19
Ofcom 19
M Notices 19
( UK INQUIRIES and INVESTIGATIONS 20
MAIB investigations 20
Formal investigations 20
{ Section 61 inquiries 20
/ Section 63 Inquiries 21
Section 271 inquiries, Coroners' Inquests and Fatal Accident and Sudden Death
{ Inquiries 21
( LEGAL SYSTEMS 21
Civil law legal systems 21
( Common law legal systems 21
/ Mixed and other legal systems 21
ENGLISH LAW OF CONTRACT 21
( Formation of contract 21
( Contents of a contract 21
Factors that vitiate a contract 22
( Discharge of contracts 22
( Remedies for breach of contract 22
Agents and agency 22
( Agent's authority 23
( ENGLISH LAW OF TORT 23
Tort 23
t Negligence 24
( Strict liability 24
Vicarious liability 24
* MARITIME CLAIMS, LIENS AND ARREST 24
( Maritime claims 24
,
Liens 25
Maritime Hens 25
( Arresf 26
( ,
Section C: The Shipowner, Manager and Operator 27
{ SHIP COSTS 27
( STATUTORY OBLIGATIONS OF SHIPOWNER 27
/ IMO UNIQUE COMPANY AND REGISTERED OWNER IDENTIFICATION NUMBER 27
1 SAFETY MANAGEMENT PROVISIONS CONCERNING COMPANY 28
( SOMS chapter IX 28
r Application of ISM Code 28
MCA guidance on ISM Code 28
( Contents of ISM Code 28
i Safety culture 29
Purpose of ISM Code 29
( Comparison between ISM Code and other management schemes 30
( Obligations imposed by ISM Code 30
Safety management system (SMS) 30
C Designated person (DP or DPA) 30
( Company's ISM Code obligation to define and document master's responsibility and
authority 31
( Company's ISM Code obligations regarding the master 31
( Company's ISM Code obligations regarding manning 31
Company's ISM Code obligations regarding familiarisation training 31
( Company's ISM Code obligation to ensure personnel have a knowledge of
( applicable rules and regulations 31
Company's ISM Code obligation regarding training 31
'
- Company'sISMCodeobligationregardingSMSlanguage 31
( Company's ISM Code obligation regarding SMS~related on-board communication 31
Company's ISM Code obligations regarding developing plans for shipboard operations 31
Company's ISM Code obligations regarding potential emergency shipboard situations 32
( Company's ISM Code obligation in relation to management reviews 32
ISM Code audits and certification 32
( (_ (_
.r (
viH THE SHIPMASTER'S BUSINESS SELF-EXAMINER (
(
DSM CODE 33 (
SECURITY PROVISIONS CONCERNING COMPANY 33
SOLAS chapter XI-2 33 (
Specific responsibility of Company under SOLAS chapter XI-2 34 s
ISPS Code 34
Objectives of ISPS Code 34 (
Implementation of ISPS Code in UK 34 (
Functional requirements of ISPS Code 34
Company's obligations imposed by ISPS Code 34 (
Company's ISPS Code obligations regarding master's authority 35 (
Company's ISPS Code obligation regarding support for master and Ship Security
Officer 35 (
ISPS Code obligations regarding ship security assessment 35 (
Company's ISPS Code obligation regarding designation of company security officer 35
ISPS Code obligation regarding training of company security officer and others 35 (
ISPS Code obligation regarding participation in security exercises 35 (
SHIPOWNERS' AND SHIP MANAGERS' ORGANISATIONS 35
Section D: The Ship 37 *
APPROVED STANDARDS OF CONSTRUCTION AND EQUIPMENT FOR UK SHIPS 37 (
International and EU law on design, construction and maintenance standards 37 ,
Recognised Organisations 37 '
SHIP REGISTRATION and CERTIFICATE OF BRITISH REGISTRY 37 (
Registration purposes and benefits 37
Types of ship register 38
National flag registration 38 (
Flag of convenience (FOC) registration 38 /
Second registers 38
UK registration requirements 38 (
UK registration procedure 39 /
Provisional British registration 40
Bareboat charter registration 40 (
Use of Certificate of British Registry 41 r
Procedure for renewal of UK registry, change of ship's name, etc. 41
IMO SHIP IDENTIFICATION NUMBER and CONTINUOUS SYNOPSIS RECORD 41 (
IMO Number 41 t
Continuous Synopsis Record (CSR) 42
SHIP CLASSIFICATION and CLASS DOCUMENTS 43 (
Classification: general 43 t
IACS Common Rules 44
Class surveys 44 (
Certificates and Interim Certificates of Class 46 (
Condition Assessment Programme (CAP) 47
Ice classes 47 (
SHIP EQUIPMENT 48 (
Marine Equipment Regulations 48
Navigational equipment and systems 49 \
Oil pollution prevention equipment 49 (
Sewage pollution prevention equipment 50
Incinerators and shipboard incineration 50 '
Vapour collection systems 50 (
Automatic identification systems (AIS) 50
Long-Range Information and Tracking (LRU) 51 '
Voyage data recorder (VDR) 51 (
Charts and nautical publications 52
Electronic Chart Display and Information System (ECDIS) 52
Bridge Navigational Watch Alarm System (BNWAS) 53 (
Compasses 53 ,
Anchors and cables 53
Anti-fouling systems 54 (
Ship security alert system 54 ,
Equivalents and Letters of Equivalency 54
c( (
THE SHIPMASTER'S BUSINESS SELF-EXAMINER /X
(/
Safety equipment in excess of statutory requirements 55
{ UK STATUTORY SHIP CLASSES 55
( General 55
/ UKpassenger ship classes 55
Construction regulations applicable to UK passenger ships 56
( Plying limits for UK passenger ships of Classes IV, V and VI 56
/ UK non-passenger ship classes 56
1 UK STATUTORY SHIP SURVEYS AND CERTIFICATES 57
( Statutory certificates 57
/ SOLAS certificates 57
MARPOL and other oil pollution-related certificates 58
( Load Line Convention certificates 58
f Statutory surveys and certification 58
Enhanced surveys 61
( In-water surveys 62
( Alternative Compliance Scheme (ACS) 62
Condition Assessment Scheme (CAS) 62
( Harmonized System of Survey and Certification 63
(
" Extensionofcertificatevalidity 66
Mandatory surveys of ro-ro passenger ferries and high-speed passenger craft on EU
services 66
( Certificates required by ship types 67
ISM CODE AUDITS and CERTIFICATION 68
ISM Code audits 68
( ISM Code certification 70
DSM CODE AUDITS and CERTIFICATION 71
ISPS CODE and SHIP SECURITY DOCUMENTATION 71
( ISPS Code requirements affecting ship 71
Ship security assessment 71
Security levels 72
Ship security documentation 72
Ship security plan 72
International Ship Security Certificate 72
( Ship security records 73
SAFE MANNING DOCUMENT 73
PASSENGER SHIP SAFETY CERTIFICATE (PSSC) and PASSENGER
( ( ( ( ( ( ( {
CERTIFICATE (PC) 75
Passenger Ship Safety Certificate (PSSC) 75
Passenger Certificate (PC) 76
( Certification ofpassenger tenders 77
/ Operational Limitations Document 77
K CARGO SHIP SAFETY CONSTRUCTION CERTIFICATE (SCC) 77
( CARGO SHIP SAFETY EQUIPMENT CERTIFICATE (SEC) 78
/ CARGO SHIP SAFETY RADIO CERTIFICATE (SRC) 79
1 CARGO SHIP SAFETY CERTIFICATE (CSSC) 80
( INTERNATIONAL and UK OIL POLLUTION PREVENTION CERTIFICATES
r (IOPPC and UKOPPC) 80
1 International Oil Pollution Prevention Certificate (IOPPC) 80
( UK Oil Pollution Prevention Certificate (UKOPPC) 81
CERTIFICATES OF FITNESS FOR GAS CARRIERS AND CHEMICAL TANKERS 81
Gas carrier Certificate of Fitness 81
( Chemical tanker Certificate of Fitness 81
( INTERNATIONAL NOXIOUS LIQUID SUBSTANCES CERTIFICATE (INLSC) 82
INTERNATIONAL SEWAGE POLLUTION PREVENTION CERTIFICATE (ISPPC) 83
( INTERNATIONAL AND UK AIR POLLUTION PREVENTION DOCUMENTATION 83
( International Air Pollution Prevention Certificate (IAPPC) 83
Engine International Air Pollution Prevention Certificate, NOx Technical File and Record
C Book of Engine Parameters 84
( UK Air Pollution Prevention Certificate (UKAPPC) 84
INTERNATIONAL and UK LOAD LINE CERTIFICATES 84
Load line legislation 84
( ( (t ( c( (
X THE SHIPMASTER'S BUSINESS SELF-EXAMINER (
(
international Load Line Certificate 85 /
Load Line Exemption Certificates 85
Record of Conditions of Assignment 85 (
Types of freeboard 86 r
UK Load Line Certificate 87
Load line marks 87 (
Timber load lines and timber freeboards 87 r
INTERNATIONAL and OTHER TONNAGE CERTIFICATES 88
International Tonnage Certificate (1969) 88 (
Suez and Panama canal tonnage certificates 88 (
Tonnage definitions 89
POLLUTION LIABILITY CERTIFICATES 89 (
CLC Certificate (Oil Pollution Insurance Certificate) 89 (
Bunker CLC Certificate (Bunker Oil Pollution Insurance Certificate) 89
US Certificates of Financial Responsibility (COFR) 90 (
SHIP SANITATION CONTROL CERTIFICATION 90 (
ANTI-FOULING SYSTEM DOCUMENTATION 91
International Antt-Fouling System Certificate 91
Record ofAnti-Fouling Systems 91 (
Declaration on Anti-Fouling System 91
RO-RO FERRY SPECIAL DOCUMENTATION 91 *.
Evidence of Ship Compliance 91 (
Berth List 92 ,
Freeboard Sheets and Additional Freeboard Sheets 93
Firearm Certificate 93 (
HIGH SPEED CRAFT (HSC) CERTIFICATION 93 ,
High-Speed Craft Safety Certificate (HSCSC) 94
Permit to Operate High-Speed Craft (POHSC) 94 (
CERTIFICATION OF SPECIAL PURPOSE SHIPS 94 ,
ADDITIONAL SAFETY MEASURES FOR BULK CARRIERS 95 '
OFFICIAL LOG BOOK (OLB) 96 (
GMDSS RADIO LOG BOOK 97 /
RECORDS OF NAVIGATIONAL ACTIVITIES 98 1
CARGO RECORDS 98 (
REGISTER OF LIFTING APPLIANCES AND CARGO-HANDLING GEAR 98 ,
MISCELLANEOUS STATUTORY DOCUMENTS 98 1
Ship Radio Licence (SRL) 98 (
Anchors and Chain Cables Certificates 99 /
LSA training manual 99
Fire training manual, fire control plans and fire wallet 99 1
Oil Record Books 99 /
Cargo Record Book 100
Garbage Management Plan, Garbage Record Book and garbage disposal placards 101 (
Ozone depleting substances documentation 101 /
Records relating to low sulphur fuel oils 102
VOC Management Plan 102 (
Search and Rescue Co-operation Plan 102
Dangerous Goods Document of Compliance 102
Shipboard Oil Pollution Plan (SOPEP) and similar documents 104 i
Spare official documents 104 f
BALLAST WATER TREATMENT EQUIPMENT 104
BALLAST WATER MANAGEMENT DOCUMENTATION 105 <
Ballast Water Management Certificate 105 (
Ballast Water Management Plan 105
Ballast Water Record Book 105 (
EVIDENCE TO BE RETAINED FOLLOWING AN ACCIDENT 106 (
TRANSFER OF SHIP TO OR FROM UK REGISTER 106
Section E: Master and Crew 107 (
THE MASTER 107 (
Ship master: definition 107 ,
Master's responsibilities in common law 107
(.
(_
(.( ( ( ( ( (
THE SHIPMASTER'S BUSINESS SELF-EXAMINER X/
(
The master as agent 107
The master as bailee 107
Master's liabilities 107
Master's discretion for safety of life at sea and protection of marine environment 108
Master's discretion for ship safety and security 108
Master's lien 108
Master's responsibilities under ISM Code 108
SEAFARER TRAINING 109
General requirements including Basic Training and Familiarisation Training 109
Training of tanker personnel 110
v Training ofro-ro passenger ship personnel 111
( Training ofpersonnel in passenger ships other than ro-ro ships 111
s Training of highspeed craft personnel 112
Training for emergency, occupational safety, medical care and survival functions 113
( Training ofratings 114
Training ofship safety officers 114
Training of ship security of icers 114
( Manila Amendments to STCW 114
( SEAFARER CERTIFICATION 115
Shipboard responsibility levels and functions under STCW 95 115
( Deck department certificates of competency 115
( Engine department certificates of competency 115
Deck and engine certificates: miscellaneous 116
< Radio operator certificates 116
( Watch Rating Certificates 116
Medical Fitness Certificates 117
Pathways to certification, watchkeeping certificates, testimonials and other
( requirements 117
Carriage on board ship of STCW certificates 118
Flag State recognition of certificates issued by other STCW Parties 118
( UK Certificates of Equivalent Competency 118
Certification of ships' cooks 118
Certification ofship security of icers 119
( MANNING 119
SOLAS requirements for safe manning and a Minimum Safe Manning Document 119
UK requirements for safe manning 119
( Sailing short-handed 119
Rating categories 120
Carriage of ship's doctor 120
( Carriage ofship's cook 120
j CREW AGREEMENTS 120
Crew agreements in UK ships 120
( Voyage agreements 121
Running agreements 122
Indefinite agreements 122
BSF and NFD Clauses 122
Multiple ship agreements 123
Preparation of crew agreement documents 123
( Voyage and Notice Clauses 124
/ Lists of crew 125
Nationality and language requirements 125
( Carriage ofseafarer documents 126
f Checking crew documents 126
Master's role and legal status in engagement and discharge procedures 126
( Engagement of crew members 126
( Discharge of crew members 127
Closing a crew agreement and list of crew 128
( DEFINITION
,
DESIGNATION AND DUTIES OF SHIP SECURITY OFFICER 128
Definition of ship security officer 128
Designation of ship security officer 128
I Duties ofship security officer 128
(.
(
..
(
..
( ( ( ( c ( ((
Xii THE SHIPMASTER'S BUSINESS SELF-EXAMINER
c
Ship security drills and exercises 129 /
Ship security internal audits 129
HEALTH, SAFETY AND WELFARE 129 (
Provisions and water 129 /
Master's weekly inspections 130
MCA inspections of seafarers' working and living conditions (ILO 178 inspections) 130 (
Health and safety legislation 130 /
General duties of employer under Health and Safety at Work Regulations 130
Health and safety policy 131 (
Risk assessment 131 r
Health surveillance 132
Female workers 132 (
Health and safety training and instruction 132 (
General duties of workers under Health and Safety at Work Regulations 132
Code of Safe Working Practices for Merchant Seamen 133 (
Means ofAccess Regulations 134 (
Provision and Use of Work Equipment Regulations (PUWER) 135
Safe Movement on Board Ship Regulations 136 '
Entry into Dangerous Spaces Regulations 136 (
Personal Protective Equipment Regulations 137
Lifting Operations and Lifting Equipment Regulations (LOLER) 137 (
Employment of Young Persons Regulations 138 (
Manual Handling Operations Regulations 138
COSHH Regulations 139 {
Code of Practice for Noise Levels in Ships 139 (
Control of Noise at Work Regulations 139 ,
Control of Vibration at Work Regulations 139
Codes of Practice for Controlling Risks due to Noise and Vibration at Work on Ships 140 (
Carcinogens and Mutagens Regulations 140
Biological Agents Regulations 140
Chemical Agents Regulations 140 (
Work at Height Regulations 141 ,
Asbestos Regulations 141
Artificial Optical Radiation Regulations 141 (
Permits-to-work 141
MUSTERS, DRILLS, ON-BOARD TRAINING and INSTRUCTIONS
,
and
DECISION SUPPORT SYSTEMS 141 (
Muster lists 141
Emergency instructions 142
Emergency signals 143 (
Crew participation in and frequency of drills 143 /
Abandon ship drills 143
Fire and other emergency drills 143 (
Drills in closing of doors, side scuttles and other openings 143 /
Survival craft musters and drills, and lowering of lifeboats in drills 143
Passenger musters and passengerparticipation in drills 144 (
Rescue boat and emergency boat drills 144 /
Davit-launched liferaft on-board training 144
On-board instruction, training and training manuals 145 (
Records of musters, drills, training and on-board instruction 145 {
Weekly and monthly inspections ofLSA 145
Testing of LSA 145 (
Testing of and inspections of fire-fighting equipment 145 (
Decision support system 146
ILLNESS 146 (
Master's statutory duties in event of crew illness 146 (
HOURS OF WORK 146
Hours of Work Regulations 146 '-
Duties under Hours of Work Regulations 147 (
Minimum hours of rest 147
Suspension of scheduled hours of rest in emergencies 148 t
Drills and hours of rest 148 (
(
.
( ( (( f ,
THE SHIPMASTER'S BUSINESS SELF-EXAMINER X/'/V
( ( (
Hours of rest and seafarers on call 148
Hours of rest schedule (table of duties) 148
Hours of rest records 148
Working at night 148
Annual leave 148
( Application of hours of rest requirements to non-permanent ship's personnel 148
/ Hours of rest requirements and Safe Manning Document 149
{\ SAFETY OFFICIALS 149
( Safety officials legislation 149
t Competent person 149
x Safety officer 149
( Safety representatives 150
e Safety committee 151
Duties of Company and master concerning work of safety officials 151
( ACCIDENT REPORTING AND INVESTIGATION 151
£ Accident Reporting and investigation Regulations 151
Accidents 151
( Accident reports 152
if Reports of accidents to shore-based workers and accidents in UK shipyards 153
On-board investigation of accidents 153
( Official Log Book entries relating to accidents 153
( Preservation of evidence following accidents 153
Reporting ofserious injuries 153
I Incident Report Form (IRF) 153
f Reporting of hazardous incidents 153
Incident reporting schemes 154
CONDUCT and DISCIPLINE 154
( Code of Conduct for the Merchant Navy 154
Discipline where MN Code of Conduct does not apply 154
"Serious"or "dismissal"(Paragraph 9) breaches 154
( "Lesser" (Paragraph 11) breaches 154
Procedure for dealing with breaches 155
Importance of correct disciplinary procedure 155
( Post-dismissai procedure ashore 156
Alcohol and drugs 156
Dealin
g with crew drunkenness 157
( Deductions from wages for breaches of MN Code of Conduct 157
DEATHS 157
Master's actions following seaman's death 157
( Deceased seaman's property and wages 158
/ UK inquiries following deaths 158
1 RELIEF
,
MAINTENANCE and REPATRIATION OF SEAMEN 158
( Employer's obligations to make provision 158
Leaving seamen behind abroad 158
Property and wages ofseamen left behind 159
( COMPLAINTS BY CREW MEMBERS 159
( ( ( ( ( (
Section F: The Ship's Employment 161
PARTIES INVOLVED IN SEA TRANSPORTATION 161
( Se//er and buyer (exporter and importer) 161
( Banks 161
Shipper 162
' Freightforwarder 162
( Consignee 162
Receiver 162
1 Notify party 162
( Cargo insurers 162
Shipbrokers 162
Charterers 163
( Carrier and shipowners 163
Liner agent 164
( IL( (
Xiv THE SHIPMASTER'S BUSINESS SELF-EXAMINER
(
Shipmaster 164
Supercargo 164
Ship's agent 164 (
CONTRACTS OF CARRIAGE BY SEA 164 /
Ship's employment 164
Charter parties 165 (
Seaworthiness in carriage of goods law 165 /
Exceptions from liability of common carriers 165
Exceptions from liabiiity of private carriers 165 (
Carrier's lien 166 j
Arbitration 166
CONTRACT OF AFFREIGHTMENT (COA) 166 (
VOYAGE CHARTER 167 (
Definition of voyage charter 167
Basic obligations of owners and voyage charterers 167 (
Agents under voyage charters 167 (
Clause Paramount 168
Deviation Clause 168 (
P&l Bunker Deviation Clause 168 (
Freight 168
Safe ports and berths 168 '
Laydays, laytime and Notice ofReadiness 169 (
Laytime exceptions and interruptions 170 ,
Demurrage, damages for detention and despatch 170 '
Delivery of cargo 171 (
TIMECHARTER 172 ,
Definition of time charter 172
Basic obligations of owners and time charterers 172 (
Agents under time charters 173 ,
Hire 173
Time-chartered vessel 173 (
Trading restrictions under time charter 173 ,
Delivery and redelivery of time-chartered vessel 174
Time charterers' rights 175 (
Identity of earner under time charter 175 /
Miscellaneous time charter clauses 175
BAREBOAT CHARTER 176 (
SHIPPING NOTE, STANDARD SHIPPING NOTE and MATE'S RECEIPT 176 /
Shipping note (S/N) 176
Standard Shipping Note (SSN) 176 (
Mate's receipt (M/R) 176 ,
BILL OF LADING (B/L) 176 V
Functions of bill oflading 176 (
Generation of bill of lading 177 /
Contents of bill of lading 178 1
Types of bill of lading 178 (
Identity of carrier in biil of lading terms 178
Negotiability of bill of lading (use of bill oflading as a document of title) 179
Endorsements and other details on bill of lading 179 (
Letters of Indemnity connected with bill oflading 179 /
Carriage of Goods by Sea Act 1992 (COGSA 92) 180
SEA WAYBILL (W/B) 180 (
CARRIAGE OF GOODS BY SEA RULES 180 (
Application of Hague-Visby Rules 180
Carrier's obligations under Hague-Visby Rules 181 (.
Carrier's rights and immunities under Hague-Visby Rules 181 (
Carrier's rights re- dangerous goods shipped under Hague- Visby Rules 182
Hague-Visby Rules restrictions on cover oflive animals and deck cargo 182 v
Carriage of Goods by Sea Act 1971 (COGSA 71) 183 (
Rotterdam Rules 183
DANGEROUS GOODS and MARINE POLLUTANTS 183 V
UK dangerous goods legislation 183 (
(( ((
THE SHIPMASTER'S BUSINESS SELF-EXAMINER XV
(/
IMO codes dealing with dangerous goods 183
1 IMDG Code 184
( Identity of dangerous goods and marine pollutants 184
/ Dangerous goods documentation required by ship 184
Dangerous goods/marine pollutants declaration 184
( Dangerous goods/marine pollutants list, manifest or stowage plan 185
/ Additional special documents 185
EmSandMFAG 185
( Carriage of dangerous goods by offshore supply vessels 185
( LOADING AND DISCHARGING CARGO 186
Carnage of Cargoes Regulations: general 186
( Cargo information 186
( Carriage on board of cargo documentation 186
Stowage and securing of cargo 186
( Oxygen analysis and gas detection equipment 186
£ Use of pesticides 187
Special provisions for bulk cargoes other than grain 187
I Loading, unloading and stowage of bulk cargoes 187
( Requirements for ships carrying grain 187
Loading and unloading of bulk carriers 188
( IMSBCCode 189
( Cargo-related problems 191
( {
Section G: Marine Insurance 193
SHIPOWNERS'INSURANCE 193
( Types of marine insurance and marine insurance providers 193
/ Employer's liability insurance 193
1 INSURANCE LAW AND PRINCIPLES 193
( UK marine insurance legislation 193
"/ Types ofpo//'cy under Marine Insurance Act 1906 193
Marine adventure 193
( Insurance warranties 193
/ Principles of insurance 194
Doctrine ofproximate cause 194
( LONDON HULL INSURANCE MARKET PRACTICE 194
/ London hull and machinery market 194
Obtaining hull and machinery insurance 194
( Cover under Lloyd's and Companies hull policies 195
r Particular average and total losses 196
Insurance claims 196
( Insurance when under tow 196
( P&l COVER 197
P&l clubs and liabilities covered 197
( P&l club correspondents 197
i P&l documents carried on board ship 198
POLLUTION LIABILITY INSURANCE 198
( Civil Liability Convention insurance requirements 198
C Bunkers Convention insurance requirements 198
US pollution insurance requirements 199
t CARGO INSURANCE 199
( GENERAL AVERAGE 199
Relationship between general average and marine insurance 199
*
-
INSURANCE-RELATED ORGANISATIONS 199
( Lloyd's Agents 199
Marine warranty surveyors 200
( Average adjusters 200
(i
Section H: At Sea 201
/ THE VOYAGE 201
Voyage and passage planning 201
(
.
( (f (
xvi THE SHIPMASTER'S BUSINESS SELF-EXAMINER (
(
Use of navigational equipment and systems 201
Use of heading and/or track control systems 201
Operation of main source of electrical power and steering gear 201 (
Use ofAIS 201 {
Seaworthiness 202
Master's discretion for safety of life and protection of marine environment 202 (
Master's discretion for ship safety and security 202 (
Ship security at sea 203
Prohibited or restricted sea areas 204 (
Offshore renewable energy installations (OREIs) 204 (
National claims to maritimejurisdiction 204
Baselines and internal waters 205 (
Territorial sea 205 (
Contiguous zone 206
Straits transit passage 206 '
Passage through archipelagic waters 206 (
Continental shelf 206 ,
Exclusive economic zone (EEZ) 207 '
Renewable Energy Zone (REZ) 207 (
High seas 207 ,
Deep sea pilotage 208 '
Bridge Procedures Guide 208 (
Master's standing orders and bridge order book 208
STCW watchkeeping requirements 208
Anchor watch 209 (
Deviation and barratry 209
Offshore safety zones 209
Collision Regulations 209 (
Traffic separation schemes and routeing systems 210
AMVER 210
CARE OF CARGO AT SEA 211 (
Carrier's obligation re- cargo care under Hague-Visby Rules 211
Cargo care information 211
Evidence of cargo care 211
DISCHARGES OF POLLUTANTS AT SEA ' 211
Discharges of oil: legislation 211
MARPOL Annex I special areas 211 (
Discharges in MARPOL Annex I special areas 211
Discharges outside MARPOL Annex I special areas 211
0// tanker cargo area discharge criteria 211 (
Discharge of dirty ballast from oil fuel tanks 211 /
Exceptional discharges of oil 211
Discharges of noxious liquid substances (NLSs): legislation 213 (
Noxious liquid substance: definition 213
Noxious liquid substances discharge criteria 213
Implementation of Ship-Source Pollution Directive Regulations 213 (
Discharges of sewage: legislation 214
Definition of sewage 214
Sewage discharge criteria 214 (
Disposal of garbage: legislation 214 (
Garbage: definitions 214
Disposal of garbage in MARPOL Annex V special areas 215 (
Disposal of garbage outside MARPOL Annex V special areas 215 (
Restriction on UK ships entering Antarctic area 215
Garbage disposal records 215 V
Disposal ofplastics and expired pyrotechnics 215 (
Emissions of airpollutants: legislation 216 ,
Emissions of airpollutants: ozone-depleting substances 216 v
Emissions of airpollutants: nitrogen oxides (NOx) 216 (
Emissions of airpollutants: sulphur oxides (SOJ and particulate matter 216
Emissions of airpollutants: shipboard incineration 217
Compliance with US pollution legislation 217 (
( ( ( ( ( ( t( ((
THE SHIPMASTER'S BUSINESS SELF-EXAMINER xvii
( ( f ( ( (
SHIP-TO-SHIP TRANSFERS 217
BURIAL AT SEA 217
( SAFETY COMMUNICATIONS 218
t Safety message prefixes 218
Navigational warnings and danger messages 218
( COLLISION 218
/ Master's statutory duties following collision 218
Master's non-statutory actions following collision 219
( GROUNDING 219
i DISTRESS INCIDENTS 220
Statutory duties on receiving a distress alert 220
( Search and Rescue Co-operation Plan 220
( Decision support system 220
Distress signals 220
( Misuse of distress signals 221
( STOWAWAYS, PERSONS IN DISTRESS and SECURITY INCIDENTS 221
IMO Stowaway Case Guidelines 221
t Rescue and treatment ofpersons in distress 221
( Security incidents at sea 221
DAILY REPORTING 222
( REPORTING OF ACCIDENTS AND INCIDENTS AT SEA 222
( Statutory reporting duties under Vessel Traffic Monitoring and Reporting Requirements
Regulations 222
( Standard Reporting Requirements (MGN 242) 223
( SALVAGE 224
Types of salvage 224
International salvage law 224
Actions when in peril 224
Considerations before accepting salvage assistance 225
Considerations before offering salvage assistance 225
Lloyd's Open Form (LOF) 226
Completion of salvage services 227
Special compensation 227
( SCOPIC Clause 227
/ Record-keeping in salvage incidents 228
Salvage security 228
( Assessment of salvage reward 228
I UK government intervention powers 229
* Intervention powers of other States 230
( PLACE OF REFUGE 230
/ PORT OF REFUGE DECISIONS and GENERAL AVERAGE EXPENDITURE 230
1 USE OF VTS 231
( PORT ARRIVAL PREPARATIONS 231
i Statutory notifications prior to arrival at UK ports and terminals: overview 231
1 Pre-arrival notification (PAN) 232
( Dangerous or polluting goods ("hazmat") notification 232
C Ship's waste notification 233
Paris MoU region pre-arrival notifications 234
( Other pre-arrival notifications 234
General arrival preparations 234
Harbour towage preparations 235
( Documents to have ready for arrival 235
( Ship and port security preparations 235
Preparations for customs clearance 237
( Preparations for health clearance 237
{ Preparations for border control officials 238
Preparations for agent 238
{ Preparations for cargo operations 238
( Ballast water management 238
EU ban on single-hull tankers carrying heavy grades of oil 240
{ Measures to be taken in event of exceptionally bad weather or sea conditions in
( ( ( (( f
xviii THE SHIPMASTER'S BUSINESS SELF-EXAMINER (
(
UK waters 240 (
( ( (
Section I: In Port 241
AIS OPERATION IN PORT 241
PILOTAGE 241 (
Pilot transfer arrangements 241
Pilot access control 241
Pilotage information 242 (
Pilotage law 242 /
UK pilot's duty to report ship's deficiencies 243
HARBOUR TOWAGE 243 (
BERTHING 244 i
CUSTOMS, HEALTH and BORDER CONTROL PROCEDURES (ARRIVAL) 244 V
UK Customs report and inwards clearance 244 (
Health clearance 245 /
Ship sanitation certification 246
Detention of arriving ship for health reasons 246 (
Fumigation in port 246
Border control 246
SHIP'S AGENT 246 (
TAKING OVER and HANDING OVER COMMAND 247 r
REPORTING WRECK 248
CONSULAR BUSINESS and PROTESTS 248 (
Consular business 248 /
Protests ("sea protests") 249
Letters ofprotest 250 (
PORT STATE CONTROL 250 (
Flag State control and port State control 250
Regional port State control agreements 251 1
Paris MOU 251 (
Paris MOU New Inspection Regime 252
Paris MOU inspection types and procedure 253 *
Paris MOU notifications 255 (
Access refusal 255 ,
Inspection report 255
Restrictions on inspection of ship security documentation by foreign governments 255 (
Equasis 256
BUNKERING 256
AIR POLLUTION PREVENTION 258 (
Vo/af//e Organic Compounds (VOCs) 258
Sulphur at berth in EU ports 258
DISPOSAL OF WASTE 258 (
PERSONNEL BUSINESS 259 ,
Master's discretion for ship safety and security 259
Visitors to ship 259
Watchkeeping in port 259
Insufficient LSA for all personnel 260
STOWAWAYS 260
LAY-UP 260
DRYDOCKING 261
GENERAL AVERAGE 261
Purpose and principle ofgeneral average 261
Rules for adjustment of general average 262
Declaration of general average 263 (
General average security 263 /
Deck cargo and general average 264
Master's general average procedure at port of refuge 264
PASSENGERS 264 (
Passenger counting and registration 264
Practice passenger musters 265 (
Emergency information for passengers 265
( c( ((
THE SHIPMASTER'S BUSINESS SELF-EXAMINER X/X
( Keeping order in passenger ships 265
1 CUSTOMS PROCEDURES (DEPARTURE) 266
Outward clearance 266
/ Light dues 266
1 PREPARATIONS FOR SEA 267
( General preparations 267
/ Steering gear test and drill requirements 267
Load line law requirements 267
( Dangerous orpolluting goods ("hazmat") notifications 268
/ Measures to be taken in event of exceptionally bad weather or sea conditions
1 in UK waters 270
((
Appendix
(
WEBSITES LISTED IN THE TEXT 271
f Index 273
' Index of M Notices 287
(

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