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1. As per the Marine Insurance Act, write short notes on the following

(a)Deviation (b)Warranties (c)War Risk Clause (d)Charterers Contribution Clause

2008- Apr, Aug

The Marine Insurance Act 1963 of India is substantially a reproduction of

its British counter parts, the Marine Insurance Act 1906. The Act codifies the

law relating to marine Insurance i.e., it defines various terms of the contract

and their amplified contents.

Insurance provides individuals and organizations with financial protection

against the outcome of events which involve monetary loss or liabilities which

were not anticipated and over which they have no effective control. In case of

ship owner or ship manager insurance is usually confined to the financial

consequences if damage to its own ship, damage to other people, property or

death/injury to people.

Deviation:

As per the Marine insurance act section 46(1) where a ship without lawful

excuse, deviates from the voyage contemplated by the policy, the insurer is

discharged from liability as from the time of deviation and it is immaterial that

the ship may have regained her route before any loss occurs.

The effect of deviation is that any loss arising during or after deviation

will be borne by the ship owner; losses up to the time of deviation will be borne

by the insurer.

As per the Marine insurance act section 46(2) there is a deviation from the

voyage contemplated by the policy Where (a) the course of the voyage is

specifically designated by the policy and that course is departed from (b) the

course of voyage Is not specifically designated by the policy, but the usual or

so many course is departed from.

As per the Marine insurance act Section 46(3) the intention to deviate is

immaterial; there must be deviation in fact to discharge the insurer from his

liability under the contract.

As per the Marine insurance act Section 47(1) which requires consideration

relating to a voyage when there are several ports of discharge. She must proceed

to them or such of them as he goes to, in the order designated by the policy. If

she does not, then there is a deviation.

The Marine insurance act Section 47(2) Deals with to ports of discharge

within a given area which are not named. The section 48 deals with voyage

policy.

As per the marine insurance act section 49(1) deviation or delay in

prosecuting the voyage contemplated by the policy is excused where

a) Authorized by any special term in policy

b) Caused by the circumstances beyond the control of the master and his employer

c) Reasonable necessary in order to comply with an express or implied warranty.

d) Reasonably necessary for the safety of the ship or subject matter insured

e) For the purpose of saving human life, or aiding a ship in distress where human life may be in danger

f) Reasonably necessary for the purpose of obtaining medical or surgical aid for any person on board the ship

As per the marine insurance act Section 49(2) when the cause excusing the

deviation or delay ceases to operate, the ship must resume her course and

prosecute her voyage with reasonable dispatch.

Warranties:

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The marine insurance act Section 33(1) defines a warranty as a promissory

warranty, i.e., to say the warranty by which the assured undertakes that some

particular things shall or shall not be done, or that some condition shall be

fulfilled, or whereby he affirms or negatives the existence of a particular

matter of fact

A warranty may be expressed or implied.

Express Warranty: An expressed warranty must be written into the policy in

any form of words or contained in some document incorporated by ref. into the

policy. An express warranty does not override an implied warranty unless the two

conflict.

Implied warranty: There are not written in the policy but are implied by

law to exist in the contract. There are 2 major important warranties in marine

insurance policy.

(a) Seaworthiness: The ship at the commencement of the voyage should be

seaworthy, for the purpose of the particular voyage insured in ―voyage policy‖.

Where with the assured knowledge and consent, a ship is sent to sea in

unseaworthy state, the insurer is not liable for any loss attributable to

unseaworthiness.

(b) Legality: There is an implied warranty that the adventure insured (voyage

time are mixed policy) is lawful and that so far as the assured can control it.

The adventure will be carried out in a lawful manner. If the adventure is illegal

at the time of the insurance is affected, the policy will be void.

War Risk Clause:

Cargo owners have separate insurance cover for risk of war and strikes as

they are excluded from institute of cargo clause A,B &C. Under war risk clause,

the insurance takes effect only as the interest (Cargo) insured are loaded on an

overseas vessel and terminates either as the interest are discharged from the

overseas vessel at final port or place of discharge, or on expiry of 15 days

counting from the midnight of the day of arrival of the vessel at the final port

or place of discharge, which ever shall occur first. In other words the goods are

covered only while they are on vessel. In case of a transhipment, the overseas

vessel arrives at an intermediate port or place to discharge the interest for on

carriage by another vessel, the insurance terminates on expiry of 15 days

counting from the midnight of the day of arrival of the vessel at the

intermediate port or place, but reattaches as the interests are loaded on the on

carrying overseas vessel. During period of 15 days the insurance remains in force

after discharge at such intermediate port or place of discharge.

Charter Contribution Clause

Charterer‘s liability for damage to hull (CLH) is not a standard P&I cover

but can be obtained by charterer from their P&I or from fixed premium

underwriters. For example damage caused to the hull while loading, Main engine

breakdown due to bad quality fuel supplied by the charterer etc. In these cases

the CLH cover will address the owner‘s claim for the damages to the vessel hull

machinery and dry docking if required.

The claims may be allotted by 100% to either owner or charterer or a

50%/50% allocation. For example, the claims arising due to unseaworthy vessel or

due to navigational faults -100% ship owner. The damages occurred during loading

and discharging of cargo-100% charterer, if as per the agreement master is the

man in charge of loading, then 50%/50%.

2. Explain “Hull Claims” and “Cargo Claims” related with Marine Insurance. State the

related documents and information required from the ship in this regard

highlighting their validity. 2008- Jan

Marine Insurance is a method where by one party called assuror or

underwriter, agrees for a stated consideration known as a premium, to indemnify

another party, called the insured or assured, against loss, damage or expense in

connection with the commodities at risk if caused by perils enumerated in the

contract known as a policy of insurance.

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Insurance provides individuals and organizations with financial protection

against the outcome of events which involve monetary loss or liabilities which

could not be predicted or anticipated and over which they have no effective

control. In the case of ship-owner or ship manager insurance is usually confined

to financial consequences of damage to its own ship, damage to the people‘s

property or death or injury to people. All ship-owner and shipping merchants

should insure his property against the loss or damage. They are not legally bound

to insure except for liability of oil pollution claim. However the modern methods

of financing trade and shipping make it essential that they do so. The capital

exposed to loss in modern ship is so huge that no company can afford to bear the

liability incurred. Besides most of the tonnage is mortgaged to banks and other

financial institutions and they require insurance as collateral security.

Hull Insurance claims:

Following any cases of Hull damage e.g. collision, grounding etc. ship

owner/managers insurance dept. will normally immediately inform H & M lead

underwriter via broker. As per clause 49 of IHC 1.11.02, lead underwriter will

instruct a surveyor to ascertain the nature, cause and extent of the damage,

necessary repairs and fair and reasonable cost there of and any other matter

which leading underwriter or surveyor considers relevant. The lead underwriter

will make decision in respect of any claim within 28 days of receipt by them of

the appointed average adjuster‘s final adjustment or, if no adjuster is

appointed, a full document claim presentation sufficient to enable the

underwriter to determine their liability in relation coverage and quantum. The

underwriter all discharged from the liabilities of the claim if it is not

notified within 180 days of the assured becoming aware of accident or occurrence.

Documents and information required for hull claims.

copies of the relevant insurance policies (which will be supplied by the

owner )

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

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

Relevant letters of protest.

Protest and extended protests.

Underwriter‘s surveyor‘s report

Class surveyor‘s report

Owner‘s superintendent‘s report.

Receipt and account for repairs.

Accounts covering and dry-docking & general expenses.

Details of E/R stores and spares consumed.

Cargo Claims:

When cargo loss or damage is discovered a delivery note or consignment note

will be claused with a note of the loss or damage. The cargo owners will

immediately inform his insurer if it is outside UK, this is done thro‘ the local

Lloyds‘ agent in case of Lloyds‘ policy. If loss or damage is extensive

underwriters will normally ask for a survey report. This is arranged by Lloyd‘s

agent, who can appoint surveyor and pay small claims locally. After the claim is

quantified and documented the underwriter settles the claim thro Lloyd‘s agents.

Underwriter then decides (under the doctrine of subrogation) whether or not claim

is worth pursuing against carrier. If he decides to pursue the claim be

immediately makes a written claim on the carrier, failure to claim may prejudice

his right of recovery. The claim (including surveyor‘s fee) is settled by the

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carrier in the currency stated in the policy or on the certificate of insurance.

The carrier if a PI member then claims on his club policy.

Documents usually required are:

Bilge, ballast and bunker tank sounding

Cargo ventilation, humidity and temperature records

Records of unusual weather conditions, routing details, warnings and

weather reports

Record of hatch , access, hold and watertight doors check

Record of fire and safety equipment checks, that includes the

training and safety exercise and log book entries

Records of cargo securing and lashing rounds& checks

Record of inert gas or venting operations

Record of reefer defrosting and temperature control

Records of fuel oil in the tanks adjacent to the sensitive cargo

Log books, ISM documentation for evidence of damage, photographs,

insurance policy, bill of lading, commercial invoice etc.

3. State different types of marine insurance policies that could be taken by ship

owners, shippers and other related parties. Explain the salient liabilities and

exclusions related with each case for an insurer. 2009- Feb

There are various types of marine insurance policies available and they

could be broadly classified into 5 types

i. Time policy – Insures for a time period

ii. Voyage policy – Insures for a Voyage it may include a date

limit

iii. Mixed policy – Insures for both the voyage and a period of

time of voyage and in port after arrival

iv. Construction policy – Insures while in construction

v. Floating policy – Insures a number of shipments

The marine insurance policies that a ship owner can take are

i. Hull and machinery policy

ii. Protection and indemnity cover by P&I clubs

The insurance policies for a cargo owner includes

i. Marine cargo insurance

ii. Goods in transit insurances

Hull and Machinery Policy

These are usually time policies for a maximum period of 12 months. Normally

the items covered will be clearly stated in the clause of each policy. Any extra

perils to be covered will raise the insurance premium. The perils include

1. Perils of sea

2. Fire / Explosion

3. Theft from out side

4. Jettison

5. Piracy

6. Latent defects in hull and machinery

7. Earth quake, volcanic eruption, Lightening

8. Accidents during loading and discharging

9. Machinery damage

10. Negligence of master/ officer or crew

11. 3/4th collision liability.

The items not covered in the insurance include

1. Loss or damage caused by wilful misconduct or negligence by the owner

2. Loss charterer hire due to delays

3. Loss due to wear and tear

4. War risk cover

5. Cost of scrapping and painting the under water part due to fouling

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6. Valuation clause- in case of constructive total loss salvage values

are not considered

7. Loss/ damage due to nuclear weapons or radioactive materials.

P&I Cover

P&I club is a mutual club of ship owners for covering the various

liabilities. P&I cover available for

Cargo claims, Crew claims, Liability against the collision with fixed of

floating objects and installations, Claims for various fines of innocent

breaches, Third party death and injury claims, 1/4 Collision liability which is

not covered by the hull and machinery policy, Oil pollution liability, Special

compensation, stoways, unrecovered GA, Salvage expenses under LOF, wreck removal,

ships contribution of GA Etc.

Limits and restrictions on P&I cover:

Deviation, Delivery of cargo at port not specified in the contract of

carriage, Failure to arrive or late arrival at port, Delivery of cargo with out

bill of lading, out dated bill of lading, clean bill of lading in respect of

damaged cargo, arrest or detention.

Cargo Insurance Policies

Most policies incorporate institute of cargo clause A, B or C. Institute of

cargo clause C: This covers only against major casualties. i.e, Fire, Explosion,

Stranded, grounding, sinking, capsizing, collision or contact, discharge at port

of distress, GA sacrifice and jettison.

Institute of cargo clause B: This covers all the above plus the damages due to

earth quake, volcanic eruption, lightening, washing overboard, entry of sea.

Institute of cargo clause A: Offers cover against all possible risks.

Items excluded in marine cargo insurance are

1. Claims resulting from insufficient or unsuitable packing or

protection of subject matter insured.

2. Claims for loss or damage arising from the financial default of

Owners Company, manager or charterer.

3. Claims against the use of nuclear weapons.

4. Claims arising from the damage by terrorist or politically

motivated groups.

5. Claims arising from the unfitness of the ship.

War risk and strike risk cover are available for cargo insurance for an

additional premium.

Open cover policies and floating policies are available for cargo for long term

insurance.

4. How many types of warranties are there in Marine Insurance? Give an example of

each type with reference to a hull and machinery policy of insurance

2008- June, Nov

The marine insurance act Section 33(1) defines a warranty as a promissory

warranty, i.e., to say the warranty by which the assured undertakes-

that some particular

things shall or shall not be done, or that some condition shall be

fulfilled, or whereby he affirms or negatives the existence

of a particular matter of fact.

A warranty is a promise by the insured that a specified state

or condition will continue to exist for the duration of the policy. A breach of

warranty makes policy void from time of breach.

A warranty may be expressed or implied.

Express Warranty:

An expressed warranty must be written into the policy in any form of words

or contained in some document incorporated by ref. into the policy. An express

warranty does not override an implied warranty unless the two conflict.

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A particular example for express warranty in hull and machinery policy is a

warranty that the vessel is classed with a particular society, and that her class

will be maintained.

Examples of expressed warranty:

Institute warranty- This is design to fix the standard trading limit of vessel

not engaged on regular service.

Classification of institute warranty: Total six numbers

The first four- warranties relates on ban on trading to certain ice

bound regions in the far north area during definite time of year

Fifth one- prohibits trading to south area- certain Antarctic Zones.

Sixth one- Prohibits carriage of Indian coal between 1st march and

30th September. Except some near Asiatic port between certain dates-

Due to peak raining season

Implied warranty: There are not written in the policy but are implied by law to

exist in the contract. They must be strictly complied as express warranty. There

are 2 major important implied warranties in marine insurance policy.

(a) Seaworthiness: Under the marine insurance act 1963

Ship should be seaworthy at the commencement of voyage for the

purpose of the particular ―voyage‖ insured.

Ship is deemed to be seaworthy in all respects to encounter the

ordinary perils of the seas of the Adventure insured.

Ship should be reasonably fit to encounter any ordinary perils of

port.

In time policies the ship has to maintain seaworthy at all times.

In cargo policies, it is implied that during the voyage insured

vessel is seaworthy and fit to carry the cargo.

When a ship sent to sea in an unseaworthy condition with the knowledge of the

owners the insurer is not liable for any loss attributable to unseaworthiness.

B) Legality:

Charterers neutrality

Carrying necessary documents to establish neutrality

The adventure insured is lawful and will be carried out in a

lawful manner. Thus drug running or gun-running trips or voyages

would be deemed unlawful.

If the adventure is illegal at the time the insurance is affected,

the policy will be void.

5. Differentiate between third party liability and contractual liability? When may

the ship owner seek to limit his liability? 2009- Feb

Third party liabilities:

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 or person.

A ship owner also possess the third party liability, which is caused by his

during the maritime adventure, hence he would like to limit his liability (third

party) with regard to

Collision liability which is not covered in the H&M policy

Liability of the damage & its cargo of the vessel it collided

Damage done by ship to other fixed and floating installations

Pollution damage caused by his ship and the cost involve in oil clean up

and other persons property

Third party injuries and death claims

Cost involved in deviation to save distress personnel

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Expense incurred in landing refugees, stoways and sick persons

Any other claim made by third party

Innocent breach of regulation

Uncoverable GA contributions etc.

He may take cargo insurance while his goods are in transit. Insurance policies

are available to cover almost all perils. For each defined peril there is fixed

premium. More cover means more premium required by the parties. There is no

mandatory requirement for the party to take any type of policy except Liabilities

for pollution damage. Rest is left to the ship owner and cargo owner or any other

party involved in the maritime adventure to take cover for various liabilities

and bear themselves.

Contractual liability:

Contractual liabilities for a ship owner are those by which he winds

himself under some contract with second party. The following are some typical

contracts that a ship owner undertakes and shows how he limits his liabilities

under each contract.

1. Contract with employees: undertakes that he will provide the safe plant, equipments and safe environment and their due care, hence he would like to

limit the liabilities with regards to

Their medical expenses

Compensations to be paid in case of injury or death

Breaches to any thing intentionally or unintentionally caused by his

employees which could land him in trouble.

2. Contract with flag State administration: He register his vessel under flag state administration, hence he undertakes the responsibility for safe

operation and compliances with relevant conventions rules and regulations.

Hence he will like to limit his liabilities with regards to

Any breaches caused by the ship

Any fines imposed for non-compliance with regards to documents or

violation of rules & regulations

Oil pollution caused in their territory

Other expenses involved in landing people and stoways.

Expenses occurred for rendering those states service to ship and its

complements

3. Contract with local agents and agency: He himself land up in this contract in order to meet local requirement at port of call. He takes their service,

which a ship requires at port of call. He would like to limit his

liabilities with regards to

Agency fees

Claims by agents

Claim arises when agent breaches the contract

Any dame injury caused to their personnel

4. Contract with salver or tug hire: These services are required by a ship owner during a port of call to assist their ship and during distress when

the ship looses its main propulsion plants. Hence he would like to limit

his liabilities with regard to

The hire rate

Damage cause3d to the tug and their personnel

Salver‘s award

Any other claims made by salver in rendering his service

5. Contract with stevedores and work shops: In case the ship requires shore personnel services then ship owner land up in these service contract and

would like to limit his liabilities with regards to

Their hire rate

Injury medical expenses etc

Damage or loss to their equipments

Any other claims placed by them

6. Contract with the cargo owner (shipper): He undertakes this ―contract of carriage‖ that will carry the goods in a manner received to the agreed

destination within the agreed time frame. During such contracts he would

like to limit his liabilities with regards to

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Loss/ leakage/ damaged caused due the negligence of his employees

Losses caused to the cargo owner due to delay

Losses caused to the cargo owner due to delivering the cargo other than

agreed destination

Any other claim made by cargo owner in this regard. i.e, damage/ loss/

delay to cargo during the duration when it was under the custody of ship

owner.

The ship owner makes contract with others such as class, charterer, pilotage,

repair contract etc. In all the cases he will limit his liabilities. Apart from

these he has to take care of himself. i.e,

Damaged caused to his own ship

Total or constructive total loss of his vessel

Freight not paid.

6. What are P & I clubs? Describe how they collect funds from ship owners. What are

the risks that are covered under the term Protection and Indemnity? 2008- Sept;

2009- Feb

P&I clubs are mutual association of members of ship owners and controlled

by insured ship owners for the purpose of mutual insurance against third party

liabilities arising in connection with ship operation. It is governed by a board

of directors (a committee elected) which meets four time a year. It has managers

for underwriting and claim sections and has correspondents, lawyers and surveyors

at various ports of the world. There are 13 major P&I clubs world wide which

covers almost 90% of the world fleet. Some of them are SKULD, GARD, BRITANIA,

AMERICAN CLUB, STEAM SHIP MUTUAL, NORTH OF ENGLAND, WEST OF ENGLAND Etc.

P&I mean protection and indemnity. The protection refers to ship owner‘s

protection from risks which involve personnel injury, collision liability which

is not covered by H&M policy and indemnity refers to the clubs indemnity or

compensation for liability to cargo under a contract of carriage.

Each P&I club sets a premium rating for an individual owner reflecting the

risk against which he requires cover, his fleet‘s gross tonnage, his fleet‘s

exposure to risk etc. The member is advised of his total estimated call (premium)

for next 12 months. This comprises of an advanced call and a supplementary call.

Advance call is levied from all the members at the start of the P&I year, i.e,

20th February. Later in the year if the claims have been heavier than expected,

the managers will ask the members for a supplementary call. The clubs aim to be

as much accurate in their prediction for future claims, so that they do not

burden shi owners with supplementary calls. Surplus refunds are made if income

(call + investments) exceeds outgoings (claims + expenditure).

The protection and indemnity covers the following risks of an ―Entered Ship‖

Crew related

Injury/ hospitalization

Deviation

Death, repatriation of body

Repatriation of injured crew and for his reliever

Personal effects, in case of fire

Crew wages, if the vessel lost and passenger saved.

Passenger claims

Third party people

Injury to Supplier, Agents, stevedores etc.

Cargo related

Damage to cargo( Wet)

Collapsing of twin deck

Cargo shifting and damaging the hull- In this case the H&M

insurance will pay first but later they will charge from the

ship owner as it may be due to lack of lashing arrangement or

improper lashings. That will be paid by the ship owner

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Damage to fixed and floating objects/ installations

S.P.M, Buoys, shore crane etc.

Wreck removal

Sometimes ship wrecks has to be removed, marked or destroyed if

it is in a channel.

Pollution of any nature

Sometimes the claims will be so high and the individual clubs

have limitations. Those cases it will be paid by clubs, pools

and reinsurance. Reinsurance is available up to 2030B$

Fine

Customs, immigration cordaband etc.

Not for overloading and PSC fines

Piracy

For Crew and cargo

Not for Hijacking

Stoways

Fines and cost for repatriation

Deserter

Fines and cost for repatriation

Salvage

Which is not a part of GA(Salvage for oil pollution)

GA unrecoverable for cargo

GA unrecoverable for H&M

If the vessel is not fully insured, the H&M policy will pay

only a fraction of GA. i.e, If the cost of vessel is 30M$ and it is

insured only for 25M$, the H&M policy will give only 25/30th part of GA.

The rest will be paid by P&I clubs.

7. Write short notes on the following. (i) Lloyd’s open form (ii)General average and

particular average (iii) Bill of lading (iv)Treaty convention and protocol

2008- June, Aug, Nov

Lloyd’s open Form:

Lloyd‘s open Form of Salvage Agreement or ―LOF‖, as it is more commonly

known, has been revised ten times since it was first introduced in 1892. The

latest revision of the form is regarded as one of the more radical revisions

which have so far occurred. It comprises a single sheet of paper incorporating a

box lay-out in which essential information such as the name of the ship and the

identity of the salvage contractors is to be inserted. Below the box lay-out and

on to the reverse side of the document, there are 12 lettered clauses and 2

information notices. Therefore the LOF 2000 is a more manageable document and

easier to read and understand.

The LOF is basically ―No Cure No Pay‖ agreement. Article 13 deals with the

criteria for the claims. The claims depends upon

Saved value

Skill and Effort applied

Measure of success

Nature and degree of danger

Time / Expense

Risk / Liabilities

Promptness of service

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State of readiness

If any other vessels in operation Etc.

Article 14 talks about the special compensations to be paid to the salver

even if they are not successful in their operation, as a measure of saving the

environment. As per the article 14 the minimum special compensation will be ―out

of pocket expenses plus 30% of that‖.

In any case article 13 can be duplicated, i.e, Award as per article 14 is

more than article 13, and then the total award will be article 13 plus the

difference between two. Claims as per article 13 is a part of GA and article 14

will be paid by P&I.

LOF -2000 has a supplementary clause called SCOPIC. SCOPIC is done as per

tariff. It is a choice to the salver, but owner can deny. As per the SCOPIC when

salver gives a notice, owner has to give a bank guarantee to the salver to

perform. The owner will appoint a Ship casualty representative (SCR) at the

location for logging down all the day to day works and machinery operations done

under SCOPIC.

General Average and Particular Average:

A partial loss may be either:

1. Particular average (PA) i.e., accidental partial loss

2. General average (GA) i.e., intentional partial loss

Particular Average:

It is a partial loss, proximately caused by a peril insured against and

which is not a General average loss. Thus, structural damage proximately caused

by collision, grounding, heavy weather etc. (perils of the seas) would normally

be caused as a ‗PA‘ loss.

General Average:

General average is an ancient form of spreading the risk of sea transport

and existed long before marine insurance. General average means ‗general loss‘,

as opposed to a particular loss under marine insurance.

It is defined in the rules of YORK-ANTWERP rule as ― There is a general

average act when and only when any extraordinary sacrifice or expenditure is

intentionally and reasonably made or incurred for the common safety for their

purpose of preserving from peril, the property involved in a common maritime

adventure.

The general average loss are shared by all parties to the common maritime

adventure, each parties contributing proportions depends to his share of total

value saved. The parties involved in common maritime adventure are

Ship owner

Each consignee

The recipient of the freight (Ship owner/ Charterer)

When any equipment is installed on the vessel by a third party, he

also a party

The five major component of a general average loss are therefore

An extraordinary sacrifice or expenditure

Which action taken was intentional or voluntary and not inevitable

And reasonably made

Against a peril

In order to benefit the common venture

e.g., Damage done when over working a ships engine while afloat to prevent

grounding in ‗ordinary‘, whereas damage done to engines, when already aground, in

attempting to re-float the vessel is a ‗GA‘, since this is an extraordinary Act.

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Bill of Lading:

The bill lading is the declaration of the master of the vessel by which he

acknowledges that he received the goods on board of his ship and assures that he

will carry the goods to the place of destination for delivery, in the same

condition as he received them against handing of the original bill of lading. The

definition of a bill of lading given in the ―HAMBURG RULES‖ is the following.

―BILL OF LADING‖ means a document which evidence a contract of carriage by sea

and the taking over of loading of the goods by the carrier, and by which the

carrier undertakes to deliver the goods against surrender of the document.

A provision in the document that the goods are to be delivered to the order of a

named person, or to order or o bearer, constitutes such an undertaking.

The bill of lading serves as a

a) A receipt of the goods by the ship-owner acknowledging that the goods of the

stated species, quantity and conditions are shipped to a stated destination in a

certain ship or at least received in custody of the ship owner for the purpose of

shipment.

b) A memorandum of the CONTRACT OF CARRIAGE by which the master agrees to

transport the goods to their destinations all terms of the contract which was in

fact concluded prior to signing of the bill of loading are repeated on the back

of this document

c) A document of little to the goods enabling the consigner to dispose of the

goods by endorsement and delivery of the bill of lading.

Types of Bill of Lading

Long Term B/L

Short Term B/L

Direct B/L

Combined transport B/L

Through B/L

Received for Shipment B/L

Straight B/L

Hague Visby rule apply to every type of bill of lading.

Treaties:

A treaty is a written international agreement between two states (a

bilateral treaty) or between a number of states (a multilateral treaty), which is

binding in international law. In relation to shipping matters, the chief

international treaty-making bodies are an internationally accepted organization

such as the United Nations or one of its agencies, such as IMO, ILO, WHO or ITU.

A treaty normally enters into force in accordance with criteria incorporated into

the treaty itself, e.g. 1 year after a stipulated number of states have acceded

to it (by signature of a government representative). A treaty signed by a state

government generally has no effect in the national law of the state until there

has been an act of ratification or accession and the treaty has been incorporated

by statute into the national law of the state.

Conventions:

Earlier convention was regularly employed for bilateral agreements. Now

convention are multilateral treaty documents and are the chief instruments of IMO

being binding legal instrument regulating some aspects of maritime affairs of

major concern of IMO.

Conventions are identified by the name and year of adoption by the

assembly. Eg: Marpol 73.

They have technical/ provisions attached in annexes. Eg: Annexes in

Marpol.

They have technical provisions in an associated code. Eg: LSA code.

12

Protocol:

They are important treaty instruments made where major amendments are

required to be made to a convention which, although already adopted has not yet

entered in to force. Eg: Marpol 73/78. i.e, Marpol convention adopted in 1973 and

protocol made on 1978 before it came into force.

8. What is general average act? Name the essential features of general average act?

General average is an ancient form of spreading the risk of sea transport

and existed long before marine insurance. General average means ―general loss‖,

as opposed to a particular loss under marine insurance. A general average act is

defined in Rule A of the York Antwerp Rules 1994 and Marine Insurance Act as

follows:

―There is a general average act when, and only when, any extraordinary

sacrifice or expenditure is intentionally and reasonably made or incurred for the

common safety for the purpose of preserving from peril the property involved in a

common maritime adventure.‖

The five component parts of a general average loss are therefore:

a) An extraordinary sacrifice or expenditure,

b) Which is intentionally

c) And reasonably made

d) Against a peril,

e) When more than one party are involved.

―A common maritime adventure‖ is a voyage in which several parties have some

financial interest.

9. (a)Define port of refuge? What are IMO initiatives for port of refuge? When and

how a ship can call the port of refuge? (b)What are the documents required by the

average adjuster for assessing the general average at port of refuge?

Port of refuge:

It is a port on place that a vessel diverts to when her master considers it

is unsafe to continue the voyage due to a peril that threatens its safety.

Where such a deviation is for the preservation from peril of the property

involved is a common maritime adventure, it will generally constitute a general

average act.

Where the ship-owner or carrier is a party to a contract of carriage,

discontinuation of the voyage is deviation from the contract.

A deviation to a port of refuge will be regarded as a justifiable deviation

if the reasons for the deviation can be shown to be a valid one within the terms

of the contract. In such a case all contractual rights will be unaffected.

Valid reasons for deviating to a port of refuge usually include:

Weather, collision or grounding damage affecting the seaworthiness of

the ship

A serious Fire

Dangerous shift of cargo

Serious machinery breakdown

Any other accident causing a serious threat to the vessel on her

cargo

Shortage of bunker

Paragraph (a) of Rule X – Expenses spent at port of refuge etc – of the

York- Antwerp Rules 1994 provides that, when a ship shall have entered a port of

refuge from any of the above mentioned reasons, the expenses incurred shall be

admitted as General Average.

A port or place where a vessel seeks temporary shelter is not a port of

refuge (Eg. Due to adverse weather) since running for shelter is ‗ordinary

practice and not extraordinary‘ in context of Rule A of the York Antwerp Rules.

IMO initiatives for port of refuge:

In November 2003, IMO assembly adopted two resolutions addressing the

issues for port of refuge for ships, an important step in assisting those

13

involved in accidents that may lead to the need for a port of refuge to make

right decision at the right time.

Resolution A 949(23): Guidelines on port of refuge for ships in need of

assistance: These are intended for use when a ship is in need of assistance but

safety of life is not involved. When safety of life is involved the provisions of

SAR conventions should be followed.

The guide lines recognise that when a ship has suffered an incident the best way

of preventing damage on pollution from its progressive deterioration is to

transfer its cargo and bunker and to repair the casualty. Such an operation is

carried out in a port of refuge.

Resolution A 950(23): Maritime assistance service: This recommends that all

coastal states should establish a maritime assistance service. The principal

purpose would be to receive the various reports and consultations and

notifications required in a member of instruments. If such a report indicates

that a ship is in need of assistance, serving as a point of contact, if the ship

situation is not a distress but requires information between ship and coastal

state, and for serving as point of contact between those involved in salvage

operation undertaken by private facilities if the coastal state considers that it

should monitor all phases of operations.

Documents required by average adjuster:

All general average documents including signed average bond, average

guarantees, counter foils of average deposit receipt and cancelled deposit

receipts together with:

1. Casualty report from master

2. Extracts from deck and engine log books

3. Copies of extended protests

4. Survey report of hull and machinery damage

5. Survey report of cargo lost or damaged and GA sacrifice

6. Accounts of any cargo sold

7. Copies of shipping invoices, telexes, phone calls etc.

8. Accounts of expenditure involved

9. Cargo valuation form

10. Manifest of cargo at the time of GA act.

11. Copies of bill of lading

12. Portage account of wages, account of stores consumed

13. Any extra evidence relating to casualty.

10. Give a brief history and the necessity towards formation of UNCLOS. What are its

important highlights with respect to environmental protection? Under this context

explain (i) Territorial sea (ii) contiguous zone (iii) EEZ (iv) Continental shelf

(v) high seas. 2008- Jan, Apr, Oct

Oceans always have been a prime source of nourishment for life. Climate and

weather changes depend on the interplay between oceans and the atmosphere. They

also serve as a convenient medium for trade, commerce, exploration, adventure and

discovery.

Attempts were made to regulate the use of ocean by conventions acceptable

to all nations. The UN has made considerable progress in developing and codifying

the laws of the sea. There UNCLOS (United Nations Convention on the Law of the

Seas) have been convened.

UNCLOS I at Geneva in 1958

UNCLOS II at Geneva in 1960

UNCLOS III was at GENEVA in 1974 which discussed issues on navigation,

pollution and the breadth of territorial waters. It entered into force on 16th

14

Nov 1994. UNCLOS provides a universal frame work for the management of marine

resource such as environmental control, marine scientific research, economic and

commercial activities, transfer of technology and settlement of disputes relating

to ocean matters. UNCLOS is a treaty of 446 articles grouped under17 part heading

and 9 annexes.

The pollution of a marine environment may be defined as the introduction of

substances directly or indirectly which results in the effects such as harm to

the living resources and maritime life, hazard to the health of any legitimate

user or sea changing the quality of sea water and reduction in amenities. The

marine pollution may originate and cause damage to any geographic area, from land

to mid sea. One of the functions of UNCLOS is to allocate responsibility to

states for setting some standards and enforcing the same standards in various

maritime zones to reduce/control the sources of pollution.

UNCLOS deals with six sources of pollution.

1. Land Based Sources: States are placed under the obligation to tackle

pollution from land based sources to rivers. Although the adoption of

national legislation for the establishment of the global and regional

rules, taking into account, never the economy of a developing country and

the need for economic development will not have hundred percent control.

2. Pollution from Sea bed activities: This section deals with marine

pollution resulting from the exploration and exploitation of the

continental shelf. The coastal state should lay some measures to

safeguard the living resources from harmful substances in the area

surrounding their offshore platforms and structures.

3. Pollution from the ―activities in the Area‖: The ―area‖ refers to the sea

bed beyond the continental shelf where exploration and exploitation can

takes place. States should enforce some rules to control the activities

of the vessels and installations flying their flag.

4. Pollution by dumping: It is the deliberate disposal of waste from ships

and air crafts or any man made structure at sea. UNCLOS envisage a

combination of national and international legislation to prevent

pollution from dumping. National legislation should ensure that no

dumping is occurred without the prior permission of competent national

authority. Dumping in the territorial sea, contiguous zone and EEZ may

not be carried out with out the permission of coastal state.

5. Pollution through Atmosphere: This deals with the pollution of atmosphere

from ships and aircrafts.

6. Pollution from vessels: This deals with the pollution of sea by discharge

of oily water and also more harmful pollution caused by sewage, garbage,

insecticides, herbicides, radioactive wastes etc.

TERRITORIAL SEAS: Extends to 12 Nautical miles from the baseline. Foreign flag

vessels have a ‗Right of Innocent Passage‘ through it. The passage is considered

‗innocent‘ as long as it is not prejudicial to peace, good order or security of

the coastal state.

‗Right of innocent passage‘ can be suspended if it is essential for the

protection of the coastal state its security or for weapons exercise.

The internal waters the coastal state can exercise jurisdiction over all

vessels. In territorial seas, it should not exercise criminal jurisdiction

except.

a) If the consequences of crime extend to the coastal state

b) If crime disturbs the peace of the country or good order of the sea

c) It master of a vessel or an agent of the Flag State requests the coastal

state to exercise jurisdiction

d) If jurisdiction is necessary to suppress traffic of narcotic drugs.

15

CONTIGUOUS ZONE: Extends 12 nautical miles beyond the territorial sea limit

Coastal states must exercise control necessary to prevent infringement of its

customs, fiscal, immigration or sanitary laws and regulations within its

territories. Vessel carrying noxious or dangerous substances or wastes may be

turned away on public health or environmental grounds.

3) EXLUSIVE ECONOMIC ZONE (EEZ)

It extends to a maximum of 200 nautical miles from the base line,

covering and managing the natural resources whether living or non living of the

waters adjacent and of the sea bed and its subsoil.

State has jurisdiction, with regard to installation marine scientific

research and protection and preservation of the marine environment.

All other states enjoy the freedom of navigation, laying of submarine

cables and pipelines

IV. CONTINENTAL SHELF:

The outer limit of the continental shelf shall not exceed 350 nautical

miles from the base line or shall not exceed 100 nautical miles from 2500 meters

isobaths. Coastal states have exclusive rights for exploring and exploiting its

natural resources. The state also has the exclusive right o authorize and

regulate drilling on the shelf or all purposes.

V. HIGH SEAS:

These are all part of the sea that are not included in the exclusive

economic zone, territorial sea or in the internal waters of a state or in the

archipelagic waters of an archipelagic state.

High seas are open to all states for freedom of navigation, freedom of over

flight, freedom to lay submarine cables and pipelines, freedom to construct

artificial islands and installations, freedom of fishing freedom of scientific

research.

High seas shall be reserved for peaceful purposes. Other high seas

precautions are prevention of slave trade, piracy, seizure of ships, illicit

narcotics, trafficking and unauthorized broad casting

For enforcement purposes, there are provisions for relevant rights of

visit, seizure, arrests and hot pursuits.

11. What are the UNCLOS provisions concerning ship’s flag and nationality? In

observation of UNCLOS what the duties are of flag States and how is it enforced?

2008- Mar, Apr

Oceans always have been a prime source of nourishment for life. Climate and

weather changes depend on the interplay between oceans and the atmosphere. They

also serve as a convenient medium for trade, commerce, exploration, adventure and

discovery.

Attempts were made to regulate the use of ocean by conventions acceptable

to all nations. The UN has made considerable progress in developing and codifying

the laws of the sea. There UNCLOS (United Nations Convention on the Law of the

Seas) have been convened.

UNCLOS I at Geneva in 1958

UNCLOS II at Geneva in 1960

UNCLOS III was at GENEVA in 1974 which discussed issues on navigation,

pollution and the breadth of territorial waters. It entered into force on 16th

Nov 1994. UNCLOS provides a universal frame work for the management of marine

resource such as environmental control, marine scientific research, economic and

commercial activities, transfer of technology and settlement of disputes relating

to ocean matters. UNCLOS is a treaty of 446 articles grouped under17 part heading

and 9 annexes.

SHIPS FLAG AND NATIONALITY

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

and nationality

16

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

fly its flag.

Article 91: State should lay down conditions / requirements for granting

its nationality, registration and the right to fly its flag. Ships have the

nationality of the state whose flag they fly. There must be a genuine link

between the state and the ship. The state must issue documents to ships

flying its flag.

Article 92: Ships to fly flag of only one state and are subject to its

jurisdiction on high seas. A ship cannot change its flag during a voyage or

while in a part of call. Change is allowed in case of transfer of ownership

or change of registry.

Duties of flag state:

Article 94 initials duties and responsibilities of the flag state salient

parts are:

1. State shall effectively exercise its jurisdiction and control in

Administrative technical and soul matters over ships flying its flag.

2. State shall

Maintain a register of ships flying its flag i.e. names and

particulars of ships except those which are excluded from

generally accepted international regulations on account of their

size.

State should assure jurisdiction under its laws over ships flying its flag its master officers and crew in respect of Administrative

technical and social matters concerning the ship.

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

Construction equipment and seaworthiness of ships.

Manning of ship labour conditions and training of crew with

regards to applicable international instruments.

Use of signals maintenance of communications and prevention of

collision.

4. Such measures shall include these necessary to ensure

That each ship before registration and thereafter is surveyed by a qualified surveyor and has onboard charts publications and equipment

as are appropriate for safe navigation of ship.

Each ship is in charge of master / officers / crew having appropriate qualification and numbers with regards to the type, size, machinery

and equipment of the ship.

That the master officers and crew are fully conversant with the

applicable international conventions. i.e, SOLAS, MARPOL etc.

5. In taking measures in the above para 3&4, each state should conform to generally accepted international conventions, regulations procedures and

practices.

6. A state which has clear grounds to believe that proper jurisdiction and control w.r.t. a ship have not been exercised may report the facts to

the flag state. Upon such request flag state must investigate the matter

and take appropriate action to remedy the situation.

7. Every state must cause an enquiry to be held in case of a marine

casualty involving a ship flying its flag and causing loss of damage to

environment to those at any national and state. Every flag state must

co-operate with other flag states in conduct of enquiring.

17

ENFORCEMENT BY FLAG STATE

Article 217 makes the following provision.

1. Every state shall have establishment or departments with sufficient

technical expertise who can enforce its national law and international

law on the ships flying its flag such as MMD in India.

2. Authorities, conduct surveys prior to issue of registry certificate or

other certificate under various international conventions, satisfy

themselves that the vessel is in compliance with the requirement of those

certificates.

3. Authorities inspect the vessel at regular intervals to make sure vessel

posses valid certificates and documents and in compliances with the

requirement of those certificates.

4. Authorities detain the vessels and would not permit the vessel to sail

out if it is not in compliance with any of the requirements until such

deficiencies are removed.

5. Certificate issued by any flag state are acceptable to other states and

will have the same effects as they are issued by them unless there are

clear grounds to believe that the condition of the vessel does not

corresponds substantially with particulars of the certificates.

6. If a vessel violates any of the rules and regulations, the flag state

must conduct an immediate investigation.

7. Flag state while conducting such investigation may require the assistance

from other states, whose cooperation will be useful in carrying out the

investigation, state must endeavour to meet the request of the other

state.

8. State must, at the written request of any state, investigate any

violation committed by the ship flying its flag if satisfied with the

evidence supplied against with respect to international law.

9. Flag state should be prompt in addressing any requests for information by

any other state. It should inform competent international organizations

about action taken and the outcome. Such information should be made

freely available to all flag states.

10. The flag state must fix adequate penalty for any vessel which violates

the law. The penalty must be adequate in severity to discourage future

violations.

12. With respect to engine room man management enlist the key issues you will address

with proper justification in the following areas (i) incentive programs (ii) Long

term personnel development concept (iii) Human resources quality assurance (iv)

attitude and motivation development (v) Emergency response (vi) training

programmes (vii) Coping stress 2008- June, Nov, Sept

Man is a social animal and to make work in isolation will lead to

dissatisfaction and unnecessary stress. Many companies are trying hard to remove

this dissatisfaction by implementing motivational techniques as below.

Loyalty: Gearing greater trust, better communication and sharing problems.

The sense of belonging motivates the person to work for the team.

Understanding needs / grievances w.r.t. money / wages apparel / promotion,

special recognition for good work by seeking to create a more transparent

atmosphere, so that no ambiguities remain.

Rewarding performance, which will motivate the performer to work harder and

create an environment of willingness to improve.

Justifiable praising as per performance creates a feel good factor in the

workers. Often a pat on the back works wonders. The motivated worker will

work harder than one who is only doing it for money.

18

Responsibility helps the person to participate willingly as responsibility

imparts a sense of importance.

Encourage in action thereby facilitating team work.

INCENTIVE PROGRAMME:

Incentives are normally a reward that encourages an action or effort.

Incentives can be of various on board. Considering the motivational techniques,

money can never be overlooked as motivation whether in form of wages, bonus

incentives etc. This is turn increases the effectiveness and performance level of

the workers. Such as person can be given early off once he completed the target

of the day, he can be given extra overtime for the quality and quantity of the

work he had done. For the crew the extra overtime is not just a part of money but

it is the recognition. Now a days yearly meeting of ship and shore staff are

being held and the occasions can be used to announce some of the outstanding

performances by some of the seafarers of the fleet. This makes the particular

individual feel good and for others it creates a desire to achieve such

performance standards.

Long term personnel development concept:

It is gaining attentions in all industries and service provider sectors. In

shipping personnel are working on contract basis and once the contract is

finished, company has nothing to do financially with seafarers. Also it is

difficult to retain good people as they can easily attract by the benefits

offered by other companies. It is required to retain seafarers for long term for

the benefit of the company. Different methods and means are employed by companies

to retain the seafarers. Many companies employ the seafarers by paying through

out the year. By putting the seafarers on the same ship or sister vessels in

routine he will have no problem in familiarisation of ship and his job

performance will be better. Conducting value added courses helps seafarers in

updating their knowledge and skills this helps him in gaining significant skills

and makes him honoured with the company. Small favours done by company towards

seafarers can go a long way in developing long term personnel relationship

between the company and seafarers.

Human resources quality assurance:

It is noticed that 80% of the accidents in shipping are caused due to human

errors. Hence operating hands are more valuable than machineries. Shipping

companies are very particular while recruiting personnel for deployment on their

ships. The background of the person is known, and his qualification and last

company records are checked. Their skills are tested before finally employing

them. These techniques are really working and quality of personnel on board the

ships is getting better day by day. An individual is also assessed and appraised

on board ships. On board training helps to improve the individuals over all

competence. Trained and skilled professional employed onboard ships can reduce

operating cost and also to meet the international and national rules and

regulations effectively and efficiently.

Attitude and motivation development:

Shipping companies are trying various theories to develop individual's

attitude and motivation by applying techniques like positive reinforcement,

behaviour modification, stress relief etc. It may be in manner of continuous

employment in company and on rotation basis, so that the individual can plan his

leave and come back on finishing his leave, for better prospect and need of

money, self esteem, security etc. The motivation onboard the ship is achieved by

appraisal, exposure to incentives, recommendations, shore leave etc. Attitude is

the way of responding favourably or unfavourably to objects or persons concepts.

They reflect how they feel about something and they are closely related to their

behaviour. Attitude development carries special importance in an organisation

because it affects job behaviour such as job satisfaction, job involvement and

organisational commitment. As a chief engineer, one should deploy techniques to

identify and slowly change the behaviour of dissatisfied personnel. Due to the

complexity of the world and increase in personal needs, competition is also

19

increasing. One has to prove that he can fit into any organization. The attitude

and motivation is also improving by the fear of losing job.

Emergency response:

Each and every person should be allotted his duties in case of different

types of emergencies. All personnel should be educated about their duties and

responsibilities. Frequent drills on board ships help the personnel to be

familiar with the procedures and improve their response to any type of emergency

situation. Also during drills the important of team work is emphasized which

motivates people in acting faster and in an organized manner in any kind of

emergency.

Training Programs:

The drills conducted on board should be as realistic as possible. The

response of personnel is assessed and any need of training is considered.

Training programs make people more confident in all aspects of their jobs and

enhances their competence. Different techniques adopted for training may include

videos, lifetimes, demonstrations, computer based training programs etc.

COPING WITH STRESS:

The personnel on board a ship are burned with the magnitude of work due to

reduced crew strength on ships. This along with the fear of doing something

wrongly, differences among various people and lack of sleep may lead to

tremendous amount of stress in the personnel living a way from home for months

together compounds this problem many folds. It is the duty of C/E to ensure that

his staffs do not get over stressed. This can be done by encouraging better in

the personnel relations, praising persons for good jobs done, briefing them how

to avoid mistakes and delegating work so that nobody is overburdened. In addition

to all these, talking personally to people, engaging about their family and other

personal matters sometimes helps in keeping the environment cool and thereby

reducing the chance of over stressing.

13. Socio-cultural differences have been an accepted fact in major merchant ships

around the globe. Explain how such differences generate inter personnel conflict

and affect safety management. How can they be resolved on board for better team

work? 2008- Mar, Nov; 2009- Feb

Most of the merchant ships trade internationally all over the world. Many

companies today employ multinational crew on board. People from different

countries not only have different cultures but have different beliefs values and

attitudes. This kind of backgrounds can lead to differences in opinions /

perceptions which may create problems on board ships.

Culture is considered as complex mixture of collective behaviour, beliefs,

religion, language, life style, social practice etc. It symbolizes the way things

are done in a society. While satisfying organizational needs, a person in

addition will try to satisfy his own individual needs. As a result of this

individuals join together knowingly or unknowingly to form groups and social

systems. Being a social animal, he has to interact with other fellow working men.

Hence there are chances of interpersonal conflict. The main reasons for

interpersonal conflicts are

Difference in their perception

Difference in their attitude

Difference in their motivation level

There may be communication problem

Attitude and behaviour makes a person liked or disliked among others in a

group. This results in the formation of groups with like minded people. Wherever

there are groups, there are different arms and goals. Hence chances of conflict.

In an organization conflicts can be due to

20

Unnaturally competitive environment

Differences in values, goals, attitudes expectations

Stereotyped behaviour stubbornness unfair decisions or wrong judgment due

to some prejudices.

Someone taking under advantage and not sharing in team work.

Misunderstanding lack of understanding or communication

Ego.

Conflicts may be actual or even threatened with the misuse of force, which

proves hindrance in any continuing social or working relationship interpersonal

conflicts creates an unhealthy atmosphere on board. It not only affects the

efficient running /operation of the vessel but could also become a safety hazard.

Strategies for Interpersonal conflicts resolution

There is lot of theories about interpersonal conflict resolution. A few of them

are:

Avoidance

Situation- win and lose

Lose - Lose: wherein both parties lose

This could be achieved by

a) Compromise

b) Pay off one of the party

c) Arbitration or the use of outside party

d) Resort to bureaucratic rules.

Win - Lose: wherein one party attempts to marshal its forces to win

and the other party losses.

Win - Win: This is the most desirable strategy of conflict

resolution from a human and organizational stand point. Energies

and creativity are aimed at solving the problem rather than

defeating the other party. The needs of both parties in the

conflict situation are met and both parties receive rewarding

outcomes. Win-win decision strategies are associated with better

judgments, favourable organizational experience and more favourable

bargains.

Interpersonal conflict can be resolved by taking into consideration the

nature of differences.

Amicable solution could be found where acceptance of differences can be

agreed upon.

Interpersonal conflict can be resolved by developing a co-operative

relationship based on job related performance rather than on communal /

racial basis.

To avoid interpersonal conflicts or to minimize

A biased approach should be avoided

A common language should be used for communication to minimize

misunderstanding.

Individual must be respected for his skill / effort.

Everybody should be made to realize that a team effort is required for

efficient running of the ship.

Instructions / Directives should be clearly explained to all.

21

14. What are the primary strategies for coping with stress affected personnel? How

these elements can be best implemented in ships personnel motivating them, for

better teamwork? 2008- Mar, Apr, Oct

Now-a-days it is major problem regarding stress. Everyone is stress

affected to some extents (with stress stages). In Shipping people work in

isolation as man is a social animal so it leads to dissatisfaction and

unnecessary stress. Companies often employ multinational crew, which create an

interpersonal conflict and it also leads to stress. As man power is also less on

board so if any thing goes wrong then manpower is not sufficient to deal with the

problem. This is the main reasons leading to stress which could either be

physical or psychological.

Coping the stress: - There are some strategies to managing stress:

1) Effective coping strategies

2) Ineffective coping strategies:

Research has shown that social and emotional cop with stress. Person

maintaining close interpersonal relations with friends and family are able to use

more appropriate strategies to cop with the stress social support includes

material support (providing resources) and emotional support (listening to person

and encouraging him/her) studies have shown that when one does not want support,

if given it may prove negative consequences.

Approaches or effective strategies of coping stress includes:-

1) Efforts to increase physical and mental preparedness for coping by

(a) Physical exercising (b) Yoga (c) meditation (d) diet management

2) Creative diversions for emotional enrichment

(a) Music (b) Art (c) Theatre etc.

3) Strategies of dealing with basic problem causing stress + Collaborative

work strategies to overcome stress application (i.e.,) how to overcome

pain/ grief etc. which has been caused by stress

Take a hard cook at yourself

Determine from where stress originated

Initially examine your own contribution to stress experienced by others

around you.

Stay alert:- To thing other than you job

Takes risks

Avoid isolation withdrawing from task

Keep communication with colleagues, friends and family

Update knowledge and skills to take the challenges brought by changing

technological environment

Besides the above mentioned strategies to overcome stress, all persons should

progress stress safety valve. It serves almost two important functions.

1) Enable one to escape the direct pressure of work load.

2) Counteract the biochemical and psychological changes that occur when mobilized

to deal with stress

Few safety values are suggested below:-

Changing gears:- Shifting from one work to another

Exercise

Pampering yourself

Get involved

Warm up slowly

Cut back on excessive work hours

Now-a-days, rules/regulations by ILO (International Labour Organization) IMO, WHO

etc also helping to overcome stress.

22

For example: In ILO there are lots of convention line

(a) Working hours (minimum) and rest

(b) Accommodation with facilities

(c) Responsibilities for each person companies are also helpful to

overcome stress

With telephone/email facility (one can talk to

home/friends/relatives) so good communication is helpful (in all

levels)

Training of ship personnel

Developing good plans for safe operation of ship

Checklists for safe working

Providing gymnasium (sport, exercising etc) welfare club (movies,

magazines, newspapers etc)

Privileges to go ashore (boat services or other assistance etc) so it

can be said that if a person is provided support (financially

guidance, understanding and looking after etc) then stress levels can

be reduced to some extent.

Motivation theory: This theory can be applied to such persons (stressed) to

change them by using:

1) Loyalty: creating greater trust, better communication and sharing problems.

The sense of belonging will motivate the person to work for a team

2) Understanding needs/grievances with respect to

money/wages/appraisal/promotion, special recognition for good work by

seeking to clear a more transparent atmosphere, so that no ambiguities

remain.

3) Rewarding performance which will motivate the performances to work harder and

create an environment of ―willingness to improve‖

4) Ego is he key factor of motivation

Praise raises their self esteem and encourages them to work

5) Making responsible: Assigning responsibility for doing a particular job makes

a person feel important

6) Encourage interaction

7) Genuine empathy: Understanding the person will improve relationships and hence

the performance of every individuals in the team.

8) Providing rest when no requirement for work

9) Making proper plans/guideline for doing a task and also providing necessary

resources

10) To share the work load

As per ―Maslow‖ theory : Maslow he one of the best framework by which one can

understand employee‘s needs and use the motivation theory to help the individuals

satisfy needs while helping the person to satisfy its own need

15. A successful voyage for a chief engineer is a combination of trouble free run of

machineries and optimum use of fuel and minimum interpersonal conflicts and less

intervention from shore authorities. Considering the ship as an organisation give

in detail how can this be best achieved. 2009- June

For a chief engineer onboard it is very important to manage people

effectively and to develop good relations amongst them in order to maintain a

harmonised and healthy working environment. Managing the people means getting

your relations in right, in all directions, upwards to your superiors sideways to

your professional groups and down ways to your subordinates and as well as with

your own self.

Safety on a ship is of prime importance and it is critically depends on the

seafarers and values and relationship which they share. It is not always the

technical approach that matters the difference in safety, but also relations

between the people on board because it is mainly when they can work as a team

with combined efforts and common objectives. That is why it is necessary for a

chief engineer to treat every one in an unbiased manner to keep the conflicts to

minimum among his engine room staff and those outside the engine room also.

23

Interpersonal conflicts may occur due to the following reasons and if not

attended or left unattended for long time may cause a serious threat to the peace

on board.

1. Personality clashes 2. Human expectations 3. Poor organization 4. Wrong style of functioning 5. Lack of communication skills 6. Break down in the system 7. Drug and alcohol abuse

Thus it is important that as soon as such type of conflicts arises, they

should be taken up by the chief engineer and master by calling up a meeting and

resolving the differences by listening to the parties concerned. So that it may

not further interfere with the ship‘s professional and personal environment.

As far as the economic running of machinery/ equipment is concerned it is

important to ensure that company‘s planned maintenance system is being properly

followed, condition monitoring systems are being put to use as much as possible

and culture of preventive maintenance is being encouraged.

Machinery and engine should be maintained in top order so as to achieve

maximum fuel efficiency and hence fuel economy. All the machineries should be

operated in optimum efficiency condition and engine also should be slow downed to

fuel economic mode when ever the condition permits so. ICCP and MGPS should be in

good working conditions, if equipped, to minimise the hull growth.

To ensure minimum intervention done from shore authorities, all safety

equipments should be maintained in best possible condition. Saturday routines,

drills should be carried out properly, logbooks, work permits, check lists, oil

record book etc. should be duly filled and all surveys carried out on time. All

oil pollution prevention equipments to be in good condition and all certificates

should be valid and endorsed as required. Minimum recorded breakdowns and

stoppage ensures that the ship is in an overall good working condition. Any

deficiencies pointed out by the authority to be rectified as early as possible.

These actions will help the chief engineer for a successful voyage.

16. Explain PSC inspection. Underline its authority and basis of such inspections.

Enumerate the relevant regulations, articles and annexes of SOLAS 1974, LOAD LINE

1966, MARPOL 73/78, STCW 95 and TONNAGE 1969 which form provision for PSC.

Port state control inspection is an inspection program under which all

countries work together to ensure that all vessels entering their waters are in

compliance with strict international safety and Anti-pollution standards. All

countries involved in inspecting ships will share their findings with each other.

The ships that are found to be in violation of laid down standards are detained

in port, until their deficiencies have been rectified. The objective of PSC is to

detect and discourage owners from operating substandard ships that endanger not

only the ships crew and the port, but also the environment. PSC inspection helps

to minimize the threat to life, properly and the environment by disallowing

substandard shipping.

The key elements of PSC are:

Ensuring compliance with international rules regarding safety marine

pollution and a threat to the working environment.

Detaining sub standard vessels, when their condition so warrants, until

all deficiencies are rectified.

Implementing a mutually agreed upon figure of annually inspecting the

minimum numbers (normally 25% of all visiting vessels)

Applying a targeting system when determining the selection of vessel for

checking so that well run vessels are not unnecessarily harassed while

Black Listed vessel will not be allowed to operate.

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Harmonizing and strengthening to the greatest extent port state controls

authority to carry out better surveillance.

Providing technical assistance and training where the need is

identified.

Authorities of the port state control are clearly defined under the following

instruments of IMO.

1) SOLAS 1974 2) MARPOL 73/78

3) STCW 78/95 4) LL 1966

5) TONNAGE 1969 6) COLREG 1972

6) ILO convention 147 (merchant shipping minimum standard)

RIGHT OF THE PORT STATE: In theory all vessels must be governed by the flag

state, which is allowing them to sail under their flag. In practice all ships do

not regularly call at their own (flag state‘s) ports. This can restrict the

ability of the flag stage to effectively check/enforce the convention standard on

its vessels. This loop hole has been exploited by some unscrupulous owner to

improve their own profit margins by cheaply running their ships in a substandard

condition endangering not only the other ship and the environment, but also the

lives of the very seafarer's who are running them. This is where PSC comes into

picture.

Port state control can be applied not only to those countries, who are

party to the convention but also to the ships that fly the flag of a state that

has not rectified a convention. Thus no ships are exempted from inspection

because the principle of no more favourable treatment applies.

Any state may also inact its own domestic laws and impose additional

national rules and regulations on foreign ships entering its water USA for

example has enacted the oil pollution act 1990 (OPA 90) which makes it mandatory

for tankers to have double hull or equivalent protection against spillage for

entry into any us port.

The relevant regulations Articles and annexes which form the provision for

PSC are as follows.

SOLAS 74

Regulation I/19- GENERAL PROVISIONS/ CONTROL

Regulation IX/6: Management of safe operation of ship/ verification and

control

Regulation XI-1/4: Special measure to enhance maritime safety / PSC on

operational requirement

Chapter XI-2: Special measures to enhance maritime securities (ISPS code)

MARPOL 73/78

Article 5: Certificate and special rules and inspection of ships

Article 6: Detection of violation and enforcement of the conventions

Regulation I/11: Regulation for prevention of pollution by oil/ PSC on

operational requirement.

Regulation II/16-9: Regulation for prevention of pollution by NLS/Measures of

control/ PSC on operational requirement.

Regulation III/8: Prevention of pollution by packaged harmful substances/ PSC

on operational requirement.

Regulation V/8: Regulation for prevention of pollution by garbage/ PSC on

operational requirement.

Regulation VI/10: Regulation for prevention of air pollution/ PSC on

operational requirement.

Load Lines 1966

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Article 21: International load line convention with the port state control.

Limitation on the draft, to which a ship on its international voyages is

to be loaded.

Ensure adequate stability

Provisions to determine freeboard of tankers.

STCW 95

Article X: Control regulation (rights of PSCO to ensure all seafarers have

appropriate certificate)

Regulation 1/4 control procedure

Tonnage 1969

Article 12: Verification of Tonnage certificate

Although the tonnage convention is not a safety convention the revision A787

(19) has laid down the guidelines for port state control However, the control

provision of Article 12 Tonnage 69 does not include the provision of

detention of ships.

17. With reference to Port State Control inspection.(a) What are "clear grounds" and

"ISM related deficiencies" for a Port State Control Officer to conduct a more

detailed inspection of the ship.(b) List out five deficiencies, which may lead to

detention of the vessel. Also, enumerate the cause of such deficiency and

preventive action you, as Chief Engineer, will take to avoid reoccurrence of such

detainable deficiencies

(a) The Clear Grounds:

Evidence that the ship, its equipments, crew does not correspond

substantially with the requirement of the relevant conventions or that the

master, officers and crew are not familiar with essential shipboard procedure

relating to safety of ship or the prevention of pollution.

If the PSC officer from general impressions formed or from his observations has

‗clear grounds‘ to believe that the ship or its equipment or its crew do not

substantially meet the requirement, PSC should do more ‗ detailed inspections‖.

Clear grounds to conduct detailed inspection include:

The absence of principle equipment or arrangement required by

conventions.

Evidence, that a ship‘s certificate or certificates are clearing

invalid.

Evidence that the documents required by the convention & others are

not onboard or incomplete or not maintained or falsely maintained.

Evidence from PSCO‘s general impression & observation that serious

hull or structural deterioration / deficiencies exist that may place

a risk to the water tight integrity of the ship.

Evidence, from the PSCO‘s general impression or observations that

serious deficiencies exist in safety, pollution prevention or

navigational equipment.

Information or evidence that master/crew is not familiar with

essential shipboard operations relating to the safety of the ship or

prevention of pollution.

ISM related deficiencies include:

The personnel not familiar with company safety and environmental

protection policy

Safety management documents (Eg: manuals) not available on board

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Relevant documentation of the SMS (in working language) not

understand by the ships personnel

Senior ship officers do not know company responsibility and authority

for the safe operation of the ship.

Senior ship officers do not know ‗DPA‘

No documented proof for Master‘s responsibility and authority.

Vessel not manned with qualified and certified seafarers as per the

manning certificate

Procedure not in place to establish and maintain contact with DPA in

emergencies.

Crew member does not demonstrate fire and abandon drills

Last PSC inspection deficiency not dealt with according to SMS manual

and ISM requirement

(b) Detainable deficiencies & corrective action:

The following deficiencies under various conventions will lead to detain

the vessels.

As per SOLAS convention

1) Insufficient cleanliness of E/R, excess amount of oily water

mixture in bilges, insulation of piping including exhaust pipes in

E/R contaminated by oil, & improper operation of Bilge pumping

arrangements.

2) Absence, insufficient capacity or serious deteriorating of

personal LSA‘s survival craft & launching arrangements.

3) Failure at proper operation of emergency generator, battery,

lightings, navigational equipments etc.

As per MARPOL

4) Failure of OWS filtering element

5) Unauthorised discharge bypass fitted

6) ORB not available or entries are not correct

As per STCW

7) Number, composition or cert. of crew not corresponding with safe

manning document.

As per Load Line

8) Defective closing devices for hatch covers/ water tightness of

hatch covers/ watertight doors

9) Overloading

10) Absence or impossible to read draft marks.

Causes of such deficiencies are

Master, officer and crew are not aware about company SMS

Officers and crew do not know their responsibilities regarding ISM

Shipboard machineries maintenance system not strictly implemented

Senior officers do not have adequate knowledge about various IMO

conventions

Officers and crew are not trained properly for emergency situations.

Actions taken by chief engineer to avoid the occurrence of such detainable

deficiencies are:

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Appropriate training to be provided to crew members regarding emergency

situations

Proper house keeping & cleanliness of E/R

Planned maintenance schedule must be strictly followed

Manning must be managed as per safe manning Cert.

All LSA/FFA items maintained properly

In no case unauthorised discharge from ship is made which is considered

as criminal offence.

When OWS operated for pumping out oily water, proper entries must be made

in ORB.

18. What provisions are kept under PSC towards (i) Certificates issued by non party

states to their ships (ii) Inspection of ships below convention size and (iii) No

more favourable treatment

The duty to enforce convention lies with the flag states. They should

regularly carry out surveys/issues certificates, to ensure that their ships meet

and maintain convention standards either by their own or by their authorized

recognized organization

PORT STATE CONTROL

In practice, ships do not regularly visit their flag state ports. This

restricts the ability to control them and allows substandard ships to sail. Port

and coastal states have certain rights to exercise authority over ships in their

water. In addition port state have the authority to check that foreign ship

visiting their ports meet all the appropriate convention standards.

A state may also have its own standard national laws eg O.P.A 90 for US

waters. A port state should only apply those convention which have entered into

force and which it has implemented for to own ship

A problem could arise with a foreign ship entering a port state, where the

concerned flag state has not ratified a convention best which has entered into

force. Also when a ship is below convention size.

CERTIFICATES ISSUED BY NON PARTY STATES

If a flag state has not ratified a convention but however issued a

certificate it does not give freedom to the state to violate the standards of the

convention. Port state control will still exercise its authority to enforce the

required standards of the convention. This is called ―NO MORE FAVORABLE

TREATMENT‖

INSPECTION OF SHIPS BELOW CONVENTION SIZE:

Most maritime conventions have progressive limits of application for each

category of ships. This may be related to tonnage, size, type and age of ships.

SOLAS : SHIPS BELOW 500 GROSS TONNAGE

MARPOL : SHIPS BELOW 500 GROSS TONNAGE

It is usual for the ships to comply with the requirements of the flag state

which may be known to the PSCO, in case of deficiencies regarding safety, health

and posing a danger to environment, Port state will give ―no more favourable

treatment‖ and will excise all its authority to make sure that ships are safe and

present least threat to the marine environment.

No more favourable treatment:

When a foreign flag vessel calls a port whose flag state is not a member of

any conventions or ratified and conventions of IMO, Port state control shall take

same type of inspection which is applied to those countries, who are parties to

the convention. Thus no ships are exempted from inspection because the principle

of no more favourable treatment applies.

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19. With reference to PSC illustrate the following (i) Regional co-operation/

agreements (ii) Future of PSC (iii) Is PSC an effective tool for ship safety?

Regional Co-operation/Agreement:

When the national port state control enhances the safety of ships and

thereby protection of Marine environment only a regional approach then ensures

that substandard ships and operations have fewer places to conceal/hide facts.

Unless a regional approach is adapted, operator will just divert their ships to

ports in the region where no ‗PSC‘ or less stringent ‗PSC‘ inspections are

conducted.

‗Regional Agreement‘ covers the exchange of information about ships their

records and the results of inspections carried out. This information is vital as

it enables subsequent ports of call, to target only ships that have not been

recently inspected. In general, ships inspected within the period of previous 6

months from the ‗visiting date of port‘ are not re-inspected, unless there are

clear grounds to do so.

Secondly, it is only by cooperation with the port of region, that it is

possible to monitor substandard ship in the region. This applies to ships that

have been allowed to sail with minor deficiencies on the condition that there are

to be rectified is the next port of call to monitor such ships constant exchange

of information between ports is necessary.

Thirdly, it is important for countries to achieve uniformity in the manner

and methodology of port state inspections and ultimately in their region so that

similar standards are applied with regards to the detention of ship and training

standards of port state control officers. To achieve this it is common practice

of many existing ‗agreements‘ to conduct joint seminars for ‗PSC‘ officers to

harmonize procedures.

Therefore, post State Control regimes were set up under a memorandum of

understanding (MoU). Harmonized inspection procedures are designed to target

substandard ships with the main objective being to eventually eliminate them from

the region covered by MoU‘s participating states.

Future PSC:

The impact of ‗PSC‘ on ship‘s and ship owners has grown with concern

members of regional ‗PSC‘ group are becoming more organized and professional in

this approach to inspections investigations. When detention occurs. The name of

the ship is publicly announced and quoted in their regional shipping magazines.

Ships with history of detention will find it increasingly difficult to trade

unless they & their companies gear up fully to the inspection criteria laid by

‗PSC‘.

There is a prospect of a ‗Global Post State Control‘ being formed, wherein

the exchange of information harmonization of procedures as well as training will

take place world wide. As more and more statistics and data are gathered and

exchanged, by different ‗PSC‘ secretariats, substandard shipping operations all

over the world will reduce.

These experiences will also provide maritime community with the opportunity

to analyze better the reasons of accidents and causalities so that they can be

prevented from occurring again.

In the shipping industry, there has been a long tradition of secrecy

resulting in problems being hidden and ignored than revealed and solved. As a

result of the above developments in the PSC, it is possible that there may be

slow change from the attitude of secrecy to transparency and openness.

PSC effective tool for ship safety:

PSC is exercised for the purpose of verifying that the condition of ship

and its equipments comply with the requirement of certain international maritime

conventions and the ship is manned and operated in compliance with the applicable

national law.

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By provision of ‗UNCLOS‘ flag state has been given the primary responsibility for

ensuring that a ship is equipped, operated, maintained and manned in accordance

with Maritime International conventions. However, some flag states have been

unwilling or unable to carry out their international conventions. A ‗PSC‘

inspection is thus, the second line of defence to prevent substandard ships from

operating.

Port states control is an international initiative for reduction of substandard

ships.

20. State the circumstances which may lead to suspension/ withdrawal of class.

Explain following terms. (a) Period of class (b) Anniversary date (c) Survey time

window (d) Memoranda (e) Recommendations

The surveys are to be carried out in accordance with the relevant class

requirements in order to confirm that the condition of the hull, machinery,

equipment and appliances is in compliance with the applicable rules. The

classification of a ship is based on the understanding that the ship is loaded,

operated and maintained in a proper manner by competent and qualified crew or

operating personnel. It is the owner's responsibility to ensure proper

maintenance of the ship until the next survey required by the rules. It is the

duty of the owner, or its representative, to inform the surveyor, on boarding the

ship, of any events or circumstances affecting the class. Where the conditions

for the maintenance of class are not complied with, class will be suspended,

withdrawn or revised to a different notation, as deemed appropriate by the

society when it becomes aware of the condition. The ship may lose its class

either temporarily or permanently. In the former case it is referred to as

―suspension‖ of class; in the latter case as ―withdrawal‖ of class. In the case

of surveys that are not carried out within the specified time frame, or if the

vessel is operated in a manner that is outside its classification designation,

the suspension may be automatic.

Suspension of class:

The class may be suspended following a decision made by the society when

one or more of the following occurs:

• When a ship is not operated in compliance with the rule requirements,

• When a ship proceeds to sea with less freeboard than that assigned,

• When the owner fails to request a survey after having detected defects or

damages affecting the class,

• When repairs, alterations or conversions affecting the class are carried out

without requesting the attendance of a surveyor.

In addition, class is automatically suspended:

• When the class renewal/special survey has not been completed by its due date or

within the time granted in special circumstances for the completion of the survey

• When the annual or intermediate surveys have not been completed by the end of

the corresponding survey time windows.

• When a recommendation/condition of class is not dealt with within the time

limit specified.

• When one or more other surveys are not held by their due dates.

• When, due to the nature of reported defects, the society considers that a ship

is not entitled to retain its class even on a temporary basis (pending necessary

repairs or renewals, etc.)

• In other circumstances where the owner fails to submit the ship to a survey in

accordance with a special requirement.

In all cases suspension will remain in effect until such time as matters

are rectified and the class is reinstated or class suspension is withdrawn.

Withdrawal of class

The society will withdraw the class of a ship when:

• Requested by the owner,

• The class has been suspended for more than six months,

• The ship is reported as a constructive total loss and the owner does not give

his intentions to repair the ship for re-instatement of class,

• The ship is reported lost

• The ship will not trade further as declared by its owner.

Period of certificate of class

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The period of the certificate of class starts either from the date of

initial classification or from the credited date of the last class

renewal/special survey, and expires at the due date assigned for the next class

renewal/special survey.

Note: The due date is the end of the time window for that survey.

Anniversary date

The anniversary date is the day and the month given in the certificate of

class which corresponds to the expiry date of the certificate.

Survey time window

The survey time window is the fixed period during which the annual and

intermediate surveys are to be carried out.

Recommendations/Conditions of Class

‗Recommendation‘ and ‗Condition of Class‘ are different terms used by IACS

societies for the same thing and are those requirements imposed by the society

which will affect the class if not complied with by the assigned due date.

Memoranda

Other information of assistance to the surveyor and owners may be recorded

as ‗memoranda‘ or a similar term. They may, for example, include notes concerning

materials, barred engine speed ranges and other constructional information. A

memorandum may also define a structural condition which, though deviating from

the technical standard, does not affect the class (e.g. slight indents in the

shell, which do not have an effect upon the overall strength of the hull, or

minor deficiencies, which do not affect the operational safety of the machinery).

In addition, memoranda could define recurring survey requirements, such as

annual survey of specified spaces, or retrofit requirements, which have the de-

facto effect of conditions of class. Specific questions in relation to the

meaning of memoranda / recommendations / conditions of class are to be addressed

to the classification society concerned though the owner of the ship.

21. Emphasize the validity of the statement that “Classification Societies are

Recognized organisations”. In your view if the statement carries some limitation

highlight them with reasons. List the statutory service undertaken by a

classification body on behalf of Administration.

Classification societies are organisations that establish and apply

technical standards in relation to the design, construction, and survey of marine

related facilities including ships and off shore structures. The vast majority of

ships are built and surveyed as per standards laid down by classification

societies. These standards are issued by classification societies as published

rules. A vessel that has been designed and built to the appropriate rules of a

society may apply for a certificate of classification from that society. Such

certificate is an attestation that a vessel is in compliance with the standards

that have been developed and published by the society issuing the classification

certificate.

In UNCLOS convention of IMO responsibilities of flag state granting the

registration of a ship are outlined. Under article 94, the flag state must

―effectively exercise its jurisdiction and control in administrative technical

and social matters over ships flying its flag‖. Many flag state countries in the

world don‘t have sufficient expertise, experience and technical manpower to carry

out the responsibilities of flag state nation regarding maintaining the standards

of ships flying their flag so SOLAS and other international conventions permit

the flag Administration to delegate the inspection and survey of ships to

―Recognised Organisation‖.

Requirements for Recognised organisation are as follows:

1) R. O. must have established rules for design, construction and maintenance

of a ship.

2) Government representation is necessary

Classification society organisation structure must include a representative from

flag state nation placed at higher level in organisational hierarchy.

3) R. O. should have adequate resources financial / personal.

4) Society must have internal audit equivalent to ISO 9001-2000

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5) Society must present itself to external audits by auditing body approved by

flag state govt.

So classification societies fulfilling above criteria‘s will be given status of

recognised organisation by flag state to do duties on their behalf.

Limitations to the role of classification societies as R. O.:

1) Though many flag states delegate their authority of surveys and

certification to classification societies, flag state may not delegate all it‘s

authority to class what all authorities are to be given to class will be clearly

mentioned in the agreement between flag state and class.

In some cases for e.g. class may undertake the survey of vessels under certain

convention i.e. SOLAS (surveys for safety construction, safety radio and safety

equipment) but class is not authorised to give certificates to vessels under that

convention. But under other conventions like MARPOL, L.L. or Tonnage class can

give certificate as well as carry out surveys also.

This will be mentioned in the agreement between flag state and class.

2) Certain flag states e.g. India require that any statutory deficiency

observed by class surveyor during the survey of a vessel must be reported o flag

state and it‘s permission taken for issuing ‗outstanding recommendation‘ to the

vessel for allowing the vessel to sail. Vessel will be given certain period of

time within that she has to fix that problem.

3) Many flag states don‘t allow class to carryout ISPS survey. As these are

country specific (port facilities are also involved in ISPS survey) And due to

security reasons flag state prefer to carry out ISPS survey reasons flag state

prefer to carry out ISPS survey themselves instead of delegating it to class.

22. Detail the inspection that you as the new Chief Engineer of a passenger ship

would make on joining the ship with regard to (i) Stability (ii) Damage control

(iii) Fire fighting (iv) Critical Machinery and equipment installed.

As a New Chief Engineer on joining I will check w.r.t

1. Stability: I will check if chief officer has the book called Trim and

Stability which give details of GM, GZ area under GZ curve and other parameter‘s

for different conditions. I will check whether the basic intact stability

criterion for passenger ship is being complied with. I will double check that

this important book is approved and endorsed by Director General of Shipping or

DGS surveyor. Damage Stability for Passenger ship has

to comply with SOLAS Chapter II – 1 for adequate stability in damaged condition

from this I will know the location of all the transverse bulkhead‘s which divide

the hull.

2. Damage Control: A passenger ship must have a damage control plan and damage

control booklet. These documents will contain boundaries of water tight

compartment‘s location of water tight doors, pumping out arrangement‘s cross

flooding arrangement‘s etc. I will check that all the water tight door‘s in water

tight bulkhead‘s are in good working order & check the controlling and

indicating panel‘s which will be found in central control station.

In addition, I will also test the bilge alarm in

E/R and check that the Emergency bilge suction is looking good order. Also I will

confirm that the bilge pump (Emergency bilge P/P) require on passenger ship are

in good working order. I will also ensure that damage control

equipment for structure welding equipment Nut‘s, bolt‘s studs, canvas are

available for stopping any leaks and carrying any damage repair.

3. Fire Fighting: (a) Fire plan – I will study the fire plan, check the

maintenance Register‘s for which 3rd officer / 4

th Engineer may be responsible

officer and no urgent fire fighting stores are pending.

I will personally inspect the CO2 room; the foam system fitted and inspect

all the outlet‘s to confirm that everything is in order.

As per SOLAS Chapter II – 2 FSS – fire safety system &

FTP – Fire Test Procedure are mandatory w.e.f. 1.7. 2002. I will ensure

that Training Manual and Training booklet for fire fighting are available in

officer & crew mess room and that all people are well aware the content‘s of

these Manual.

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4. Critical Machinery: As per safety management system required by ISM Code

E/R should have a list of critical items of machinery and procedures for

inspecting and maintaining such machineries such as.

1) Steering gear

2) Emergency compressor

3) Emergency generator

4) Emerge Fire P/P

5) Breathing air comp

6) Anchor handling equipment

7) Cargo gear

8) Main & Aux machinery

9) All LSA / FFA items

10) SOPEP

11) Water tight door‘s

12) Anti pollution comp.

13) Bilge / ballast pumping & separator system

14) Navigational equipment‘s

15) Fire gas and heat detection system

16) I.G. System.

17) Communication equipment.

Critical spare list

1) At least one liner (spare)

2) At least one spare (cylinder head complete)

3) At least one lubricator

4) Some mechanical seals

5) Some fuel pump plunger‘s

6) Bilge alarm‘s

7) Calibration equipments for thermometer‘s and Pr – gauges.

Maintenance routine as per SOLAS Chapter – III for fie fighting equipments and

critical machinery is carried out.

23. Briefly discuss the reason for bulk carrier losses in the last decade and explain

how provision detailed in chapter XII of SOLAS 1974 as amended will contribute

towards the safety of bulk carrier.

Studies show the majority of the bulk carrier losses in the past decade

were due to plate failure and water entering the hull. Most of the bulk carrier

losses were due to severe structural damage. IACS found out that if a ship was

flooded in the foremost hold, the bulkhead between the two foremost hold may not

be able to withstand the water pressure.

The various reasons for the bulk carrier losses may be the following:

1. Age of ship

2. Corrosion and fatigue – Both increases with ship‘s age, due to stress to which the ship‘s hull is subjected to due to routine, operation, cargo

loading, waves & effect of sea water on steel.

3. Operational factors – Bending of the ships structure due to the action of the sea. Corrosion leads to weakening of the hull. Loading pattern can make

the affect worse. Dense cargoes such as iron ore are often carried to

alternate holds, in order to raise the C.G. of the ship and moderate its

roll motion. Due to partially filled holds, the cargo may shift to one side

leading to ship to sink. It also leads to increased stress on inner hull

components. Large hatch openings to facilitate cargo loading/unloading

serve as weakness in the hull structure by reducing the torsional

resistance of the hull.

Following a spate of losses of bulk carriers in the early 1990s, IMO in

November 1997 adopted new regulations in SOLAS containing specific safety

requirements for bulk carriers, chapter XII- Additional safety measures for Bulk

carriers. This entered into force on 1st July 1999. The regulations state that

33

All new bulk carriers (built after 1 July 1999) 150 m or more in length

carrying cargoes with a density of 1000 kg/m and above should have

sufficient strength to withstand flooding of any one cargo hold in any

condition of loading and ballast.(SOLAS CHAPTER XII Reg.5)

All existing bulk carriers carrying cargoes with density 1780 kg/m and

above- The transverse watertight bulkhead between the two foremost cargo

holds & the double bottom of the foremost cargo hold should have

sufficient strength to withstand flooding & related dynamic effects in

the foremost cargo hold. (SOLAS CHAPTER XII Reg.6)

As per IACS guidelines, during special surveys , the bulkhead between no.

1 & 2 holds at the forward end of the vessel and the double bottom at

this location must be thoroughly, checked for strength & thickness and

reinforcements to be carried out, where felt necessary. Surveyors can

also consider restrictions on the cargo carried in the bulk carrier

should be permanently marked with a solid triangle on its side shell if

the cargo carriage restrictions are imposed.

December 2002 ―Amendments to chapter XII―require fitting of high level

alarms and level monitoring systems on all bulk carriers, in order to

detect water ingress.

A new regulation XII/13 on Availability of pumping systems would require

means for draining and pumping dry space bilges and ballast tanks any

part of which is located forward of the collision bulkhead to be capable

of being brought its operation from a readily accessible enclosed area.

Enhanced survey Programme (ESP): For the bulk carriers above 15 years survey

shall be carried out during the periodical, annual and intermediate survey

prescribed by SOLAS convention. ESP pays special attention to corrosion, coating

and tank corrosion prevention systems. Thickness measurements must also be

carried out to check the thickness of plates.

Other recommendations are:

1. Double hull skin construction

2. Improved coating of cargo hold

3. Steel repair standard as per guidelines by IACS

4. Superstructure of fore end, protecting fore deck fittings against green seas.

5. Redesign/ reinforcement of hatch covers for existing ships.

24. Explain the following maritime terms :(a) Charter Party (b) Freight (c) Bare Boat

Charter (d) Bill of Lading (e) Lay Time, Demurrage and Off-Hire.

Charter party: In trumping the market conditions strongly influence the freight

that has to be paid. The contract between two parties is called the charter

party.

Charter parties are contracts of affreightment under which the shipowner, in

return for a sum of money called the freight or charter hire agrees to carry

goods in bulk by sea or provide services of a vessel for the purposes of such

carriage.

There are no international conventions governing charter parties. Most countries

have also not made laws for regulating chartering practices. The terms and

conditions of charter parties have been evolved over a period of years in

preparing with the growth of maritime commerce and the shipping industry.

Organization like the UK chamber of shipping and the BALTIC INTERNATIONAL

MARITIME CONFERENCE (BIMCO) in Copenhagen have played a significant role in

evolving international accepted CHARTER PARTIES. Besides such standard forms,

there are also a number of private charter party‘s forms evolved by individual

34

commodity producers and merchants. Thus, charter parties could vary from place to

place and also from one commodity o another.

The chartered will normally employ brokers to hire a ship for the carriage of

their cargoes. They may be carrying their own goods or goods of another party.

They maybe a member of a consortium conference on other multi party agreement or

may be outsider.

There are three important elements concerning chartering

The owner he who puts his vessel or part of the vessel at the disposal of another

party for carriage of cargo.

THE CHARTERER: He who hires the vessel and pays for it

The FREIGHT: The amount of money which the charterer has to pay the owner for

hiring of the vessel.

According o the contract both charterer and the owner have their own

responsibilities with respect to the hired costs and the variable costs in the

use of vessel. The charter party are normally claused to allow charterers to

sublet the vessel in whole are impart on condition that the charterer remain

responsible to the ship-owner for the performance of original charter.

There are different types of charter parties

1. Voyage Charter 2. Time Charter 3. Bare boat Charter

Freight: The fright is expressed as per ton loaded cargo. This is usually

expresses in dollars per MT or long ton. Freight is the remuneration payable by

charters to the owners for the performance of the contract and may be called

charter party freight. This is normally payable in accordance with the terms of a

freight clause which stipulate the amount of freight the time for payment and the

method of payment.

This is often payable under the charter party terms partially or fully in advance

e.g., on loading on

Q.31 issue of Bill of Lading

Dead freight is not genuine freight but owners compensation for loss of freight,

payable by charterers on a quantity of cargo short shipped i.e., a quantity they

agreed upon but failed to load

BARE BOAT OR (DEMISE CHARTER)

A bare boat charter may also be called a charter by demise or demise

charter and is often described as a type of ship financing arrangement.

It will be generally on the BARE CON 89 charter party form

It is used by owners such as banks/finance organization who may not be

prepared to operate or manage ships themselves.

It is a contract for the lease of a ‗vessel for an agreed period‘. The

legal owner ship continues to vest in the owner but her physical

possession, operation (including manning) and commercial exploitation are

the responsibility of and are the benefit of the charterer.

They often have a purchaser option at the expiry of the charter period and

are frequently linked to management control.

Any bills of lacking for cargo are issued by or on behalf of the charterer

and not on behalf of the legal owner.

The chartered usually pay the owner a fixed hire per month in advance as detailed

in agreement.

BILL OF LADING

The bill landing is the declaration of the master of the vessel by which

the acknowledges that he received the goods on board of his ship and assures that

he will carry the goods to the place of destination for delivery, in the same

35

condition as he received them against handing of the original bill of landing.

The definition of a bill of lading given in the ―HAMBURG RULES‖ is the following.

―BILL OF LADING‖ means a document which evidence a contract of carriage by sea

and the taking over of loading of the goods by the carrier, and by which the

carrier undertakes to deliver the goods against surrender of the document.

A provision in the document that the goods are to be delivered to the order of a

named person, or to order or o bearer, constitutes such an undertaking.

The bill of lading serves as a

a) A receipt of the goods by the ship-owner acknowledging that the goods of the

stated species, quantity and conditions are shipped to a stated destination in a

certain ship or at least received in custody of the ship owner for the purpose of

shipment.

b) A memorandum of the CONTRACT OF CARRIAGE by which the master agrees to

transport the goods to their destinations all terms of the contract which was in

fact concluded prior to signing of the bill of loading are repeated on the back

of this document

c) A document of little to the goods enabling the consigner to dispose of the

goods by endorsement and delivery of the bill of lading.

LAY TIME:

The lay time is the allowed time for loading and unloading of the vessel.

The lay time is determined in the charter party. If this time excelled by the

charterer he has to pay the owner compensation called the DEMURRAGE.

On the other hand if the ship has loaded or discharged quicker than

foreseen then the owner will have o pay the charter compensation called dispatch.

Lay time consists of a specific number of days ―DAYS‖ means a period of 24

consecutive hours running from 0000 to 2400 hrs. Rate of amount payable per

―weather working day‖ a portion thereof to the ship-owner by the charter as

penalty for the letters failure to load or discharge cargo within the lay time

specified in the charter party provided however that the delay was not due to

circumstances within the control of ship-owner or beyond control of the

chartered.

OFFHIRE:

It is the responsibility of the owner to provide the vessel in a seaworthy

condition for the purpose of the contract and the time of contract making. Owners

usually agree to exercise due diligence to make the vessel seaworthy for each

voyage during the charter period.

A term charter party usually contains an undertaking by owners to maintain the

vessel in a good condition throughout the charter period and owners may be

required to keep the vessel in the condition she was stated to be in when the

contract was made. The term off hire means that in certain circumstances for

which the charterer is not responsible, the hire will be temporarily suspended.

So the hire of the vessel is suspended when the charterer cannot use the vessel

for which he had hired it.

The circumstances in which ―off hire‖ is allowed are given in the charter

party.(eg- dry docking, strike of officers, crew, breakdown of machinery, to

maintain efficiency of the vessel, deficiency of owner stores etc.)

The boiler and piston cleaning is included to allow owners to carryout

maintenance of machinery. This period is normally 48 hours per year. The vessel

goes off hire if period of maintenance is exceeded.

If deviating for owner‘s purpose eg-landing a sick man, repairs, dry dock the

vessels will be off hire from the moment of deviation until she is ready to

resume service in a position not less favourable to the charterers.

A deduction of hire is calculated on the basis of fuel used in deviation

including F.O and D.O at the port deviated to.

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But if deviation is for the charterer purposes eg. stress of weather the vessel

will remain on hire.

25. Elaborate the influences of a Charterer on operation of propulsion and other

shipboard machineries during a voyage. A ship on a time- charter if met with

several unforeseen machinery breakdowns due to which the scheduled date cannot be

met with, state the different options and actions a Chief Engineer on-board

should undertake.

The different types of charter parties are :-

(1) Voyage Charter (2) Time Charter (3) Bareboat Charter.

In case of a voyage charter and time charter, it is the responsibility of

owner to take care of ships propulsion machinery and other machineries on board.

In case of any breakdown :

(a) In case of voyage charter in breakdown if laycan is not met i.e. at

agreed time if the vessel is not presented at agreed port or place, the

charterers are entitled to reject the vessel and cancel the charter.

(b) In case of time charter, loss of time governed by the so called off

hire clause. This clause provides that time charter shall not be required to pay

hire for such time as is caused by breakdown of machinery or repairs.

(c) In case of bareboat charter all responsibilities regarding navigation,

propulsion and maintenance of shipboard machinery remains with charterer itself.

Prior taking a ship on charter following things (but not limited to )

are taken in to consideration by the charterer:

(1) Description of the vessel name, flag, ownership, class,

gross and net tonnage, cargo capacity and horsepower etc.

(2) Speed and fuel consumption in function of determined

weather conditions (in good weather & smooth water)

Time charter has a major concern in speed of the ship and fuel

consumption as it determines the time period between ports and also the expenses

to be incurred on fuel in the voyage. Minimum speed agreed in charter party has

to be achieved and any deviation in case of speed or fuel consumption if any,

then the owner has to pay compensation to the charterer.

Voyage charter has stipulated laycan so in order to meet that a

minimum agreed speed has to be achieved/maintained during the voyage otherwise

charterer is entitled to reject the vessel and cancel the charter.

(3) Apart from propulsion machinery the charterer can also

ask for following reports:

a) Aux. eng. fuel consumption per day b) Conditions of hatches/tanks c) Boiler fuel consumption d) DO cons. in IGG (gas ships) e) Cargo machinery f) Mooring & windlass g) Navigation h) General condition of vessel i) Vetting inspection defect list j) CAP survey reports of hull and machinery

For delivering the cargo at agreed terms and conditions in charter party,

other machinery also play vital role.

Time Charter: This means a vessel is to be operated for a period of time under

charter without undertaking either the financial commitments of ownership or

responsibilities of navigation and management of vessel.

If too much unforeseen machinery breakdown have occurred and ship cannot

meet with the scheduled date, a chief engineer on board should undertake

following options and actions:

In case of time charter a period of 48 hrs is allowed for the ship owner

per year to carry out maintenance jobs on boiler and main engine.

So in case the breakdown is on ME or boiler, the C/E must ensure that

maintenance is carried out within the stipulated time by charter party. To

expedite the work, the option of making two teams to work on ME can be considered

in that when one group is working the other can take rest and work goes on

continuously till the job is over, to ultimately avoid the possibility of off-

hire vessel.

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In case of breakdown:-

1) Company must be informed regarding the breakdown machinery and proposed maintenance action must be reported also

2) Any special assistance required like some spare parts/stores or technicians must be discussed with company

3) Anticipated time for carrying out the maintenance must be reported to

company

4) Make separate teams to work on the machinery so that work is in progress all the time till maintenance is over and machine is ready to start

5) Motivate the crew and engineers and be a part of team. This will be an encouraging factor to all and work can be done efficiently and effectively

6) Appreciate and encourage the crew and engineers If the breakdown is not over within time

Speed of ship may be increased within safe limits. This should be done in

consultation with the company because increase in speed increases fuel

consumption which may deviate from that mentioned in charterparty.

The load on diesel generator should be reduced if possible to compensate

for increase in fuel consumption.

After discussion with master the course of ship may be altered keeping in

mind the safety of ship

A more vigilant watch must be kept on the machinery to avoid further

breakdowns and engine room to be manned at all times.

Company to be well informed about the condition of machinery.

26. Define the salient consideration taken during survey of ship under i) Bareboat

charter ii) Voyage charter iii) Time charter. As a C/E on board, explain with

reasons, which of the three surveys is most demanding and exhausting and why?

Charter party: is the contract between the ship owner and the charterer for the

use of a ship or her services for a particular voyage or for series of voyages,

or for a stipulated period of time.

Contracts for hire of specified vessels, includes

o time charters

o Bare boat charters (also know as "demise charters).

o Voyage charter

Bareboat charter:

Is a contract for the hire of a vessel for an agreed period during which

the charterers acquire most of the rights of the owners.

Is most usually on the BARECON 89 charter party form

Is used by owners such as banks & finance houses who are not prepared to

operate or manage ships themselves.

May be hinged to a purchase option after expiry of the charter or during

the hire period.)

In essence the vessel owners put the vessel at the complete disposal of the

charters and pay the capital costs, but no other costs. The charters have

commercial and technical responsibility for the vessel, and pay all costs except

capital costs.

The "BARECON A" from under which the owners bear responsibility for

insurance premiums, was designed by BIMCO for short period chartering.

The "BARECON B" form was designed as a long-period, financial type of

contracts, mainly for new buildings although it can be modified for second -hand

tonnage. The charters are responsible for insurance premiums.

BARECON 89 is an amalgamation of the BARECON "A" and "B" forms, designed to

reflect the growing use of Bareboat charter registration. There will be

an agreement, that there will be an on hire survey. In the case of new ship

building the survey procedures can be done in the yard itself according to the

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agreement. In other cases there is a thorough examination considering the

following points.

- Bunkers on board

- Stores & spares on board.

- General condition of the vessel.

- Certificates validity

- Tanks condition

- Sea worthiness.

As a Chief engineer, you are responsible for maintaining the equipment in

good condition. Bunker on board to be properly calculated and kept ready for the

surveyors to check. Cleanliness and proper P.M.S. system has to be maintained in

view of seaworthiness. It is a more stringent survey since the charter takes the

responsibility of the vessel in full respect except capital cost. All crew

members to be aware of the safety procedure and safe working practices according

to the company's quality management system. In this regard proper training and

briefing to be given before surveys.

Voyage Charter:

Is a contract for the carriage by a named vessel of a specified quantity of

cargo between named posts or places.

The ship owner basically agrees that he will present the named vessel for

loading at the agreed place within an agreed period of time a following loading,

will carry the cargo to the agreed place, where he will deliver the cargo.

The charter agrees to provide for loading, within the agreed period of

time, the agreed quantity of the agreed commodity, to pay the agreed amount of

freight, and to take delivery of the cargo at the destination place.

In effect the charterers hire the cargo capacity of the vessel and not the

entire vessel.

The owner must provide the master and crew, act as carrier and pay all

running and voyage costs, unless the charter party specifically provides

otherwise.

The survey under voyage charter is not very strict as compared to other

charter party: The charter mainly interested in sea worthiness and condition of

the cargo space. The surveyor checks for whether the vessel can carry the cargo

of particular quantity and to be able to discharge within an agreed period of

time.

As a Chief Engineer one should take care of cargo hold/ tank, cargo gear

condition.

It any repairs are necessary to keep the same in good condition that has to

be carried-out. He has to prove that the ship is able to carry the cargo safely

and vessel able to reach in proper time which is agreed.

Time charter:

Is a contract for the hire of a named vessel for a specified period of

time. (The charters agree to hire from the ship owner a named vessel, of specific

technical characteristics, for an agreed period of time, for the chatterers

purposes subject to agreed restrictions. The hire period of time, for the

charters purposes subject to agreed restrictions. The hire period may be the

duration of one voyage (a "trip charter") or anything up to several years

("period charters"))

The ship owner is responsible for vessels running expenses i.e., manning

repairs and maintenance, stores, masters and crew‘s wages, hull and machinery

insurance, etc. He operates the vessel technically, but not commercially. The

owner bears no cargo handling expenses and do not normally appoint stevedores.

39

The charters are responsible for the commercial employment of the vessel,

bunker fuel purchase and insurance, port and canal dues (including pilotage,

towage, linesmen etc.), and all loading stowing / trimming / discharging

arrangements and costs.

A directions and logs clause requires the charters to provide the master

with all instruction and sailing directions and the master and Chief Engineer to

keep full and correct logs accessible to the chatterers or their agents so that

they can monitor the vessels efficiently. Stevedoring damage notification forms

and log abstracts will usually be required to be rent to the chatterers.

On-hire survey and delivery certificate:

There will be usually agreements that there will be an on-hire survey or

delivery survey to establish. - Bunkers remaining on board (R.O.B.) in order

to determine the quantity the chatterers will have to pay the owners for.

The general condition of the vessel.

Tanks or holds are fit for the carriage of the contemplated cargoes.

Holds of a dry cargo vessel must be dry and swept clean, etc. and

tanks for oil or chemicals must pass survey and be certified fit.

The on-hire survey is usually carried out by jointly approved surveyors,

paid for 50/50 by the owners and the chatterer. Time spent on the survey is

normally at the owner's risk, i.e., the vessel is not on -hire until passing of

the survey.

A delivery certificate should be issued by the surveyor to confine the date

and time of hand-over, bunkers R.O.B. and the condition of holds or tanks. The

certificate should be attached to the survey report and is a vital document for

the assessment of hire payments due and the commencement of various chatterer

liabilities.

The on hire survey should not be confused with the condition survey that

may be required by a prospective chatterer, particularly where this is an oil

company or in the case of older tonnage.

As a Chief Engineer, one should calculate the bunker on board correctly and

to keep all machinery in good condition. He has to prove that ship is able to

satisfy charter party requirement regarding fuel consumption and speed. Any

maintenance required for cargo holds or tanks to be carried-out prior survey to

keep them in good condition.

OFF HIRE SURVEY AND REDELIVERY CERTIFICATE:

The chatterers must normally re-deliver the vessel in the "same good order

as when delivered to the chatterer, fair wear & tear excepted." In the event of

redelivery not being in the same good order and condition, the charters would be

liable for the costs of repairs. If the charterer are given the option of

redelivering the vessel "dirty" a sum in compensation to the owners will be

provided for.

The off hire survey will normally be carried out by an independent surveyor

to ascertain the extent of damage done during the charter, bunkers R.O.B. etc.

The redelivery clause may provide that repairs necessary to make a vessel sea

worthy must be done immediately on redelivery, and any other repairs at a more

convenient time, e.g. at the next dry-docking.

The off-hire survey is similar in scope to the on-hire survey Bunkers

r.o.b. are measured so that they can be "brought back by the owners. The

condition of the vessel and her cargo spaces is examined for damage attributable

to charterers operations. A redelivery certificate should be issued to the

master.

As a Chief Engineer, he should check the bunkers r.o.b. and condition of

the cargo spaces. If any repairs to be done has to be notified to the surveyor.

40

27. Illustrate the provision kept towards establishing procedures to identify and

testing of “critical” equipments under ISM Codes. How the list of critical

equipment and systems are made and on what factors they are dependent.

A new chapter management for the safe operation of ships was added to SOLAS

and the amendments introducing the new chapter IX entered into force on 1st July

1998. The chapter made mandatory the International Safety Management Code which

established the following objectives:

to provide for safe practices in ship operation and a safe working

environment

to establish safeguards against all identified risks

to continuously improve safety management skills of personnel, including

preparing for emergencies

Critical Equipments: These are the equipments, whose failure can cause an

accident or result in a hazardous situation, thereby causing injury to personnel

or loss of life or damage to the marine environment or property.

As per ―Element 10‖ of the ISM code, ―Maintenance of the ship and equipment‖. It

is the responsibility of the company to establish procedures in the Safety

management System to identity such systems and/or equipments. The Safety

management System must, with respect to critical technical system/equipments:

a) Have procedures to identify them

b) Have procedures to ensure their tests and functional reliability

c) Have procedures to establish and use alternative arrangements on sudden failure

d) Have procedures to test stand by equipment

e) Have procedure to ensure that ‗single failure does not cause of ‗Critical‘ ship functions‘ that could lead to accident

f) Have procedures to ensure that system/equipment inactive for some time is tested regularly and prior to conducting critical operations.

As per ‗Element 7‘ of the ‗ISM Code‘ the company must establish procedures for

the preparation of plans and instructions including checklists if any for key

shipboard operations related to the safety of the ship and the prevention of

pollution.

Hence, in combination with ‗Element 10‘ the following shipboard operations/items

are subjected to inspection and test:

Securing water tight integrity

Navigation safety, including corrections to charts and publications

Oil transfer operations

Maintenance operations related to

Hull and super structure steel work

Safety, fire-fighting, life saving equipment

Navigation equipment

Steering gear

Anchoring and mooring gear

Main engine and auxiliary engine

Pipelines and values

Cargo handling equipment

I.G. System

Electrical installations

Fire detection and alarm system

Bunkering operations

Navigation in restricted visibility/high density traffic area

Operation in heavy weather

Critical machinery system

41

SHIPBOARD OPERATIONS can be categorized into:

(a) Normal Operations: Error becomes apparent, only after occurrence of a

hazardous situation

(b) Critical Operations: Error directly leads to accident.

Critical Operations would include (but not limited to)

Navigation in restricted visibility

Navigation in high density traffic area

Navigation in restricted/narrow area

Heavy weather operations

Handling of hazardous cargo and noxious substances

Bunkering and oil transfer operation at sea

Cargo operations on Gas/Oil/Chemical tankers

Critical machinery operations

28. Define a “company” and its obligation under ISM codes towards safe shipboard

operations. Enumerate the key shipboard operations, which should be maintained by

a company for successful onboard operation of a ship under ISM codes.

The purpose of ‗ISM‘ code is to provide an International Standard for the

safe management and operation of ships for pollution prevention.

ISM code element 1.1.2 defines-

―Company‖ means the owner of the ship or any other organization or person such

as the manager or the Bareboat charterers who have assumed the responsibility for

operation of the ship from the ship owner and who, on assuming such

responsibility, have agreed to take over all the duties and responsibilities

imposed by the code.

Further in element 1.2.2 ISM code sets the objective of Company as-

.1 provide for safe practices in ship operation and a safe working environment;

.2 establish safeguards against all identified risks; and

.3 continuously improves safety management skills of personnel ashore and aboard

ships, including preparing for emergencies related both to safety and

environmental protection.

Companies should identify key ‗shipboard operations‘ and issue instructions on

the matter in which these operations are to be performed continued supervision

and verification of compliance to these instructions, is important.

The following items/subject matters are normally included in operational

documentation. ‗SMS‘ procedures and instructions can be developed for each of

these operations.

1. General

1.1 Shipboard organization

1.2 Functional responsibility

1.3 Reporting procedures

1.4 Passenger control, where applicable

1.5 Communication between ship and company

1.6 Inspection by master and senior officers

1.7 Provision and maintenance of documents, records

2. Ship in Port

2.1 Accepting cargo and passengers

2.2 Manning watches and patrols

2.3 Liaison with shore authorities

2.4 Monitoring trim and stability

2.5 Procedures, when the ship is tempo

3. Preparing for sea

3.1 Verification of passenger numbers, where applicable

42

3.2 Checking and recording draught

3.3 Checking stability conditions

3.4 Assessment of weather conditions

3.5 Documentations of sailing conditions

4. The ship at sea

4.1 Bridge and Engine room watch keeping arrangements

4.2 Special requirements in bad weather

4.3 Radio communication including ‗VHF‘

4.4 Maneuvering data, unless provided separately

5. Preparing for arrival in Port

5.1 Testing of engine, steering gear, navigation and communication

Equipments, generators and anchoring equipments

5.2 Harbour stations

5.3 Pilotage

5.4 Port information and communications

5.5 Assessment of weather conditions

5.6 Ballast

‗Critical Shipboard Operations‘ are those where an error may immediately cause an

accident or a situation which could threaten the environment. Particular

attention should be drawn to the need to adhere to strict instructions in the

conduct of critical operations and satisfactory performance should be closely

monitored. Examples, of critical operations are:-

Navigation in close or high density traffic areas.

Navigation in conditions of reduced visibility

Operation in heavy weather conditions

Bunkering and oil transfer at sea

Critical machinery operations

Arrangements should be made to monitor the ‗Operational Competence‘ of crew

undertaking ‗Critical Shipboard Operations‘

29. Explain the associated key factors and activities to ensure successful Planned

Maintenance programme onboard ships under ISM Codes with the following terms (i)

Corrective action process (ii) Developing and improving maintenance procedures

(iii) Systematic approach to maintenance (iv) Maintenance intervals (v)

Inspections July 06

Maintenance Plan:

A maintenance plan should be such that it provides an efficient service at

optimum cost. It is to be designed in a way to keep every machinery to an

acceptable standard.

Objectives of maintenance plan should be:

a) Ensure ready availability of the equipment.

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

c) Above objectives should be achieved at an optimum cost.

ISM code and planned Maintenance:

ISM code element 10 deals with the maintenance of ship and equipment.

10.1 Company procedures for maintenance.

10.2 To meet above requirements company should ensure that.

i) Inspections at appropriate intervals.

ii) Nonconformities reported with possible causes.

iii) Corrective action taken.

iv) Record of all above maintained.

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10.3 Identification of critical equipment and its maintenance.

An efficient and successful maintenance program can be designed and

implemental on board by considering above mentioned guidelines mentioned in ISM

code.

Following key features should be considered when making & implementing PMS

on board ship.

1) Corrective Action Process:

Identify the Problem

Establish the clause

Propose Solutions

Evaluate solutions

Accept One Reject all other

Implement solution

Evaluate Effectiveness

Effective In effective

Close

2) Developing and improving maintenance Procedures:

When developing and improving maintenance Procedures Company should take

into account the following.

i) Maintenance recommendations and specifications of the equipment

manufacturer.

ii) History of equipment including failures, defects and damages and the

corresponding remedial action.

iii) The result of third party inspections.

iv) Age of the ship.

v) Identified critical equipments and systems.

vi) The consequences of failure of equipment on the safe operation of

ship.

3) A systematic Approach to maintenance:

A systematic approach to maintenance will include.

i) Establishment of maintenance intervals.

ii) The definition of the methods and frequency of inspections.

iii) The specification of the type of inspection and measuring equipment to

be used and accuracy required of it.

iv) Establishment of appropriate acceptance criteria (pass/fail).

v) Assignment of responsibility for inspection activities to

appropriately qualified personnel.

vi) Assignment of responsibility for maintenance activities to

appropriately qualified personnel.

vii) Clear definition of reporting requirements and mechanisms.

4) Maintenance Interval:

Should be based on the following:

(i) Manufacturers recommendations and specifications.

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

vibration analysis)

44

iii) Practical experience in operation and maintenance of ship and its

machinery, including historical trends in the results of the routine

inspections and in nature and rate of failures.

iv) The use to which the equipment is put continuous, intermittent, stand

by or emergency.

v) Practical and operational restrictions e.g. inspection that can be

only performed in d/dock.

vi) Intervals specified as part of class, convention, administration and

company requirements.

vii) The need for regular testing of S/B arrangement.

5) Inspections:

Procedure for planned inspection routines should be written to include the

following.

i) Acceptance Criteria

ii) Use of suitable measuring and testing equipment.

iii) Calibration of measuring and testing equipment.

Examples of inspection and test that may be employed.

i) Visual

ii) Vibration

iii) Pressure

iv) Temperature

v) Electrical

vi) Load

vii) Water Tightness

Inspection methods:

Sometimes checklist should be developed to ensure that inspection, test and

maintenance are performed according to the procedures, and at the specified

intervals. These checklists can be developed from manufacturer‘s recommendation

or specifications.

30. Explain the salient features of ballast water management regulations. Role of

chief engineer in implementation prior to arrival at Australian/US ports.

The international convention for control and management of ballast water

and sediments states that, ―states shall take all measures necessary to prevent,

reduce and control pollution of the marine environment resulting from the use of

technologies under their control or intentional or accidental introduction of

species that are foreign and new to a part of marine environment which can cause

significant and harmful changes‖

The ballast water management means physical, chemical or biological process

to remove, make harmless or avoid uptake or discharge of harmful aquatic

pathogens or sediments containing them.

The essential features of ballast water management are as follows

1. To avoid and minimise of uptake of harmful aquatic organisms, pathogens and sediments which contain such elements and organisms. The uptake of ballast

water minimised or where practicable avoided in areas such as

Areas notified by port state

In darkness when bottom dwelling organisms rise to the upper layer

In very shallow water

Where propeller may stir up the sediments

2. Removal of ballast water sediments from time to time

Ballast tank should be routinely cleaned in mid ocean or in port or

in dry-dock in accordance with the ballast water management plan

3. Avoiding unnecessary uptake and discharge of ballast water

45

Where possible the uptake of ballast water to be delayed until the

vessel is in open sea. If it is necessary to take on discharge

ballast in a port for safe cargo operations, care should be taken to

avoid unnecessary discharge of ballast taken in another port.

Each ship shall have a ballast water management plan approved by the

administration. The plan should be specific and contains

Should include a list of circumstances when ballast water exchange

should not be under taken. These circumstances may result from

critical situations like stress of weather or any circumstances where

safety of life is threatened.

Should also include nomination of key shipboard personnel undertaking

ballast water exchange at sea.

Should be onboard ballast water exchange record book duly filled up

during every operation

Exchange to take place 200 nm from base line

Should be having a depth of 200m or more

In some areas where depth doesn‘t meet, then as per the regulations

as laid down by port state.

No ballast water exchange in port.

Duties of chief engineer:

Ensure that Ship‘s officers and ratings engaged in ballast water exchange

should be trained and familiarised with the following

Ship‘s pumping plan and ballast pumping arrangements, position of

air vents and sounding pipes, all compartments and tank suction

with the pipeline connecting them to the ship‘s ballast pumps and

in case of flow through method, the opening at the top of the tank

for release of water together with the overboard discharge

arrangements.

The method for ensuring that the sounding pipes are clear and that

air pipes non-return devices are in good condition.

The different times required to undertake the various ballast

water discharge operations

The methods in use for ballast water exchange at sea and the

safety precautions

All the routine sounding records and other records maintained

properly.

Prior arrival U.S Port:

The master has to get information from local agents regarding the

regulations if possible well in advance so that the ship personnel will have

sufficient time to prepare for BWE. For the vessels arriving US port which have

been operating outside the EEZ additional guidelines and mandatory reporting and

record keeping publication by USCG has to be complied with.

The following must strictly follow:

1. Avoid ballast operations near marine structures and parks

2. No ballast in take near sewage outflow or near dredging operations

3. Remove fouling organisms from hull and pipelines regularly and dispose

the sediments according to the local and federal regulations

4. USCG requires that the ballast water exchange to be done prior entering

US waters at least 200nm from nearest land at a sea depth of 2000m or

retain ballast water on board and dispose to shore reception facility.

5. Master should send signed copies of the following documents to USCG and

retain on board for 2 years

1. Ships BWM plan and whether it has been implemented

2. Copy of IMO guideline regarding BWM

3. Vessel‘s name, IMO number, type, flag, GRT, owner‘s name and agents

address

4. Last port, next port and dates

5. Total volume of ballast capacity and ballast on board

6. Location, temperature, date and volume of ballast exchanged

7. Salinity of water ballasted in each tank

46

8. Particulars of exchange, sea depth, position, zone, date, time etc.

9. If BWE was done state the reason for it

Prior to arrival Australian ports:

1. Discharge of high risk ballast water in Australian port or waters are

prohibited by Australian quarantine inspection service.(AQIS)

2. Ascertain any state / territorial regulations needs to be met 3. BWE out side 12nm limit and at least 200m depth 4. Sounding of tanks to be noted at end of emptying phase as the make of the

ballast may be verified by AQIS

5. ALL ports entering to Australia requires to submit 1. Vessel‘s particulars 2. Human health 3. Pets and animals on board 4. recent visit to places where organisms of quarantine concern exits 5. Report of ballast water procedure taken

6. No ballast may be discharged into Australian waters with out the permission of AQIS

7. Complete AQIS ballast water log with details of Ballast uptakes port, ocean exchange and intended discharge.

8. BWE must achieve at least 95% dilution of high risk ballast water.

31. As a C/E describe the procedure you would employ for bunkering at a port for

ascertaining/receiving correct grade/quantity of oil from the shore supply

authorities. In case of a dispute over LO/FO received on board, describe the

action you will take under such circumstances. What are the applicable provision

under MARPOL 73/78, Annexe VI regulations?

When accepting bunkers from a barge or terminal, the C/E should always check the

local supplier‘s documents to make certain the bunker supply conforms, in terms

of quantity, as well as fuel specifications, to what has been actually ordered.

The flash point, viscosity and other characteristics of fuel supplied should be

checked to ensure that fuel is suitable for vessels. The C/E should always check

that bunkers to be received do not contain unacceptable percentage of water. The

maximum allowed water content is 0.05% for gas oil, 0.25% for LO and 1% for HFO.

The C/E and barge master should check the security of the hose couplings on the

bunker barge and receivers vessel and should agree upon pumping rate.

Barge master has to show valid Hose Pressure Testing certificate to C/E.

New bunkers to be segregated From old bunkers on board as far as possible,

if bunker has to be mixed , compatibility test must be carried out.

Duty engineer to check sampling flange is correctly fitted in place the

sample must be representative of the total delivery and ideally taken by

‗drip feed‘, at the discharge side of manifold, during the course of

pumping. Samples should not be taken from during starting or completion of

bunkers.

Sample bottles should be sealed, dated and signed by both parties at least

and samples need to be taken.

ENSURING CORRECT QUANTITY

It is the ships staff responsibility to ensure that the actual quantity received

is as per the ordered quantity. The 3/E must always check the barge soundings

before and after pumping-quantity calculated from the tables check the table for

proper authorization/stamp etc, case must be taken for test/trim and temp

variations.

If flow meters are fitted-initial and final reading to be noted

Few record of the ships tank must be kept ready before bunkering. If the barge

person wants to check the ship soundings. He must be allowed to do so.

I o/ discrepancy in the quantity received can be ……….if the difference exceeds a

letter of protection must be written by the master and independent surveyor

47

called to investigate the findings. However if bunker fig are satisfactory the

BDR should be checked to ensure the information is includes as per annexe V

Name and IMO number of receiving ship

Port

Date and Time of commencement of delivery

Name, address and telephone number of marine fuel oil supplies

Product names

Sulphur content should be < 4.5%, meeting ISO 8217 standards. In sensitive

areas, sulphur content 1.5%

Quantity in metric tines, according to ISO 3675

Density @ 15 deg, according to ISO 8754.

Declaration should be signed and certified by fuel oil suppliers rep that the

fuel oil supplied conforms with reg 14(1)/4(9), reg 18(1) or annexe VI

Bunker quantity disputes

The disputes can arise due to

Measured volume of barge is diff to that recorded on BDR

Measured volume of barge is diff to ship‘s received volume

Wt on bunkers delivery receipt calculated with incorrect density

High water content

Bunker quantity disputes

In recent years there has been a general deterioration in the quantity of fuel

supplied for bunkers. The C/E should take care to ensure that bunker supplied

material the specs required by the vessel as per ISO 8217.

BDR should be maintained for 3 years. If poor quality fuel has been supplied, the

C/E should record all relevant information that can lead to machinery damage with

particular attention being given to the retention and preservation of oil

samples. Oil samples should be sent for shore analysis. The matter should be

promptly reported to owners.

If there is any dispute with regard to quality and quantity following should be

done

Record of initial oil tank soundings must be kept oil transfer details to

tanks must be correctly tested and final sounding noted.

Location of tanks where suspected bunker have been used.

Details of usages noted and copies of BDR must be preserved for 3 years

All ―Notes of protests‖: engine and deck log book must be preserved.

The sealed samples taken during bunkering operation must be retained

A record of the following must be kept.

The C/E and other crew members involved in bunkering operations

The name of those present at the time when bunker samples were taken

The crew members involved in correcting any problems associated with

substandard bunkers

Owner must be notified promptly.

MARPOL ANNEXE VI: PROVISIONS FOR FUEL OIL QUALITY:

In addition to requirement limiting the sulphur content of fuel oil, fuel

should be free from inorganic acids, chemical wastes, or potentially harmful

substances

32. The protection of the Marine environment is of utmost importance today. Discuss.

(a) How would you as a C/E of a tanker ensure protection of the environment by

compliance with the various Regulation of MARPOL 73/78 Annex 1 for prevention and

control of pollution at sea?

(b) State requirement for compliance under Annex VI of MARPOL 73/78.

48

(a) Annex – 1 Regulations for the prevention of pollution by oil which entered

into force on 2nd October 1983 and, as between the parties to MARPOL 73/78

supersedes the International Convention for the Prevention of Pollution of the

sea by oil, 1954, as amended 1962 and 1969 which was then in force.

Prevention of pollution methods & aids involved are:-

1. IOPP Certificate:

International oil pollution preventions certificate is issued after initial

survey before the ship put in service or renewal survey in accordance with

the provisions of regulation 6 of this annex, to any oil tanker of 150

gross tonnage and above and any other ships 400 gross tonnage and above

which are engaged in voyages to ports or offshore terminals under the

jurisdiction of other parties to the present on.

2. Tanks for oil residues (sludge) Reg. 12:

Every ship of 400 GT & above shall be provided with a tank or tanks of

adequate capacity having regard to type of machinery and length of voyage.

Piping to and from the sludge shall have no direct connection overboard

other than standard discharge connection.

3. Standard discharge connection Reg. 13:

To enable the pipes of reception facility to be connected with the ships

discharge pipeline for residues from M‘ of bilges and from sludge tanks

must have standard discharge connection.

4. Oil filtering equipment Reg. 14 / Reg. 31:

Any ship above 400 GT & less than 10,000 GT shall be fitted with 15 PPM oil

filtering equipment which must be Adm. Approved.

Any ship above 10,000 GT must

have 15 PPM equipment with oil discharge monitoring system with alarm when

it exceeds level and automatically stops discharging O/B by either P/P stop

or 3 way v/v. Equipment must be Adm. Approved oil discharge and control

system. No discharge in Antarctic

Area is allowed.

5. Oil record book part – I Reg. 17 (machinery spares):

Reg – 34 part II Cargo / Ballast operations every oil tanker 150 GT & above

and every ship of 400 GT & above other than oil tanker must have ORB Part -

I which must indicate transfers tanker to the, bunkering LO & FO,

collection & disposal of residue, discharging O/B through approved

equipment or to reception facilities must be recorded.

Part – II must be kept updated for ballast / cargo operation on each

occasions on the case loading oil cargo, internal transfers, unloading oil

cargo, ballasting cleaning of cargo tanks including crude oil washing, de-

ballasting excluding SB tanks, discharge from slop tanks through ODMCS,

disposal of residues for reception facility must be recorded.

6. Segregated Ballast tanks Reg. 18

Every crude oil tanker of 20,000 tonnes DW & above and every product

carrier 30,000 tonnes DW & above delivered after 1st July 1982 must have

segregated ballast tanks.

7. Double Hull & Double Bottom Requirements for oil tankers delivered on or

after 6th July 1996 Reg. 19

8. Double hull & DB requirements for oil tankers delivered before 6th July

1996 Reg. 20

9. Pump room bottom protection Reg. 22

10. Accidental oil out flow performance Reg. 23

11. Oil tankers of 150 tonnes & above shall be provided with slop tanks except

for tankers having voyage less than 72 hrs. & with is 50 nautical miles.

12. Crude oil wasting requirements Reg. 33

13. Shipboard Oil Pollution Emergency Plan Reg. 37

14. Reception Facility Reg. 38

The Government of each party to the convention to ensure provisions at

loading terminals, repair ports, in other parts where ship have oily residue to

discharge must have reception facility without delaying ship.

b) Annex VI Prevention of air pollution form ships.

49

An International Air Pollution Prevention Certificate shall be issued for the

ships of 400 GT & above and every fixed and floating drilling rigs and other

performs by the Administration, which shall not exceed 5 years.

In initial survey before the ship is put into service or before the certificate

required under reg. 6 of this Annex is issued for the first time. This survey

shall be such as to ensure that the equipment, system, fittings, arrangements and

material fully comply with the applicable requirements f their Annex.

1. Ozone depleting substances Reg. 12

Deliberate emission of ozone depleting substances shall be prohibited unless

saving life at sea or due to accident or breakdown of equipment. Deliberate

emissions include emissions occurring in the course of maintaining, servicing,

repairing or disposing of system or equipment.

New installation which certain ozone depleting substances shall be prohibited on

all ships, except that new installations containing hydro chlorofluorocarbons

(HCFC‘s) are permitted until 1st Jan 2020.

These substances should be collected properly and delivered to the reception

facility ashore.

2. Nitrogen Oxide (NOx) Reg. 16.

This regulation applier to each engine 130 kW & above O/P installed on ship

constructed after 1st Jan 2000. or the diesel engine goes major conversion after

1st Jan 2000 . Major conversion means 10% change in MCR.

His regulations will not apply to emergency generator lifeboat engines and any

device or equipment which to be used solely in case emergency or costal voyage

vessels which must have alternative NOx control provision set by Administration.

NOx Limits from the engines should be following:

i) 17.0 g/kwh the engines should be following:

ii) 45.0 x n-0.2

G/kwh when n >130rpm n<2000rpm.

iii) 9.8 g/kWh when rpm n h 2000 & above.

Provisions 6/ NOx technical code should be applied to all ship i.e. alternative

provisions gives by Administration.

3. Sulphur Oxide (SOX) Reg. 14.

The sulphur content of any fuel used on board ships shall not exceed 4.5% m/m.

The fuel supplied on board shall be mentioned under the guide times developed by

MEPC 82(43).

SECA SOx Emission Control Area

1. Baltic sea & North sea.

Under SECA the fuel should not contain sulphur more than 1.5% m/m or emission

from engine should not exceed 6.0 g SOx / KWh or any approved method by

Administration to control six can be used.

4. Volatile Organic Compounds Reg. 15

The emission of volatile organic compound (VOC‘s) from tankers are to be

regulated in ports or terminals under jurisdiction of a party to protocol 1997.

5. Shipboard Incineration Reg. 16

Shipboard incineration is prohibited for following

50

i) Annex I, II and III cargo residues of the present convention and

related contaminated packing material.

ii) Polychlorinated Biphenyl‘s (PCB‘s).

iii) Garbage containing more than trace of heavy metals i.e. batteries,

mercury, lead etc.

iv) Polyvinyl Chloride (PUCS) exception in IMO type approved

incinerator.

Monitoring of combustions flue gas outlet temperature shall be required at all

times & waste shall not be fed in continuous feed shipboard incinerator when

temperature is below 850oC & unit shall be so designed to reach combustion

temperature to 600oC within five minutes after start up.

6. Reception Facility Reg. 17

The Government of each party to protocol 1997 undertakes to ensure the provisions

of facilities adequate to meet reception of ozone depleting substances, exhaust

cleaning residues without causing undue delay to ships.

7. Fuel Oil Quality Reg. 18

Fuel oil onboard for combustion purpose should meet ISO 8217 standards with

following requirements.

i) Fuel oil shall be blend of HC derived from petroleum refining &

small amounts of additives are permitted to improve performance aspects.

ii) Free from inorganic acids

iii) Fuel Oil should not have added chemical base which can jeopardize

the ship, be harmful to persons, and contribute to additional air pollutions.

iv) Sulphur content must not exceed 4.5% m/m & SECA area 1.5% m/m.

v) BDN must be retained board for minimum 3 years readily available

for inspection.

vi) Fuel Oil samples sealed and signed by supplier or supplier

representative or master or officer in-charge of bunker operations. Samples to be

retained on board for minimum 12 months.

33. Illustrate the salient factors for “onboard training” and standard of competence

as laid out in STCW 95 Chapter III. Underline the specific roles a Chief Engineer

needs to perform towards satisfactory training of engine room personnel under the

Regulation. What will be the criteria for evaluating competence for onboard

training by a Chief Engineer?

Chapter III of the STCW Annex, and the associated sections of the STCW

Code, are devoted to the requirements for the officers and ratings who serve in

the engine department, and/or those who perform functions relating to marine

engineering; electrical, electronic and control engineering; maintenance and

repair; and controlling the operation of the ship and care for persons on board.

Onboard training:

Every candidate shall follow an approved onboard training which-

i) Ensures that during the required period of seagoing service the

candidate receives systematic practical training and experience in the

tasks, duties and responsibilities of an officer in charge of an engine

room watch keeping, taking into account the guidance given in section B-

III/1, of the code.

51

ii) Is closely supervised and monitored, by a qualified and a certified

engineer officer onboard the ship, in which the approved seagoing

service is performed.

iii) Is adequately recorded in Training Record Book.

Standards of Competence:

Regulation III/1 - Officers in charge of an engineering watch on ships with 750kw

propulsion power or more

The first paragraph of this regulation requires that everyone who serves as an

officer in charge of an engineering watch in a manned engine-room, or a

designated duty engineer in a periodically unmanned engine-room, on a seagoing

ship powered by main propulsion machinery of 750 kilowatts (kW) propulsion power

or more must hold an ―appropriate certificate‖.

The second paragraph sets out the requirements a candidate must meet to acquire a

certificate for service in this capacity, including age limit, and minimum

periods of seagoing service. The candidate must also complete approved education

and training, and meet the standard of competence and other requirements of

section A-Ill/1 of the STCW Code.

Section A-Ill/1 of the STCW Code specifies the minimum standard of competence-in

the form of four-column-tables for each of four functional areas, at the

operational level.

Tables in Section A-III/1 are presented for functions relating to:

marine engineering;

electrical, electronic and control engineering;

maintenance and repair; and

Controlling the operation of the ship and care for persons on board.

In regulation III/1 these tables relate to the operational level of

responsibility. The management level is addressed in regulations III//2 and

III/3; and the support level is addressed in regulation III/4.

Regulation III/2 - Chief Engineer Officers and Second Engineer officers on-ships-

with 3,000kw propulsion power or more

The first paragraph of this regulation requires that everyone who serves as a

chief engineer officer or second engineer officer on a seagoing ship powered by

main propulsion machinery of 3,000 kilowatts (kW) propulsion power or more must

hold an ―appropriate certificate‖.

The second paragraph sets out the requirements a candidate must meet to acquire a

certificate for service in this capacity. The candidate must be qualified as an

officer in charge of an engineering watch (i.e. meet the requirements of

regulation III/1); and must meet certain minimum periods of seagoing service as

engineer officer or second engineer officer. The candidate must also complete

approved education and training, and meet the standard of competence and other

requirements of section—A-III/2 of the STCW Code.

Section A-III/2 of the STCW Code specifies the minimum standard of competence in

the form of four-column tables for each of three functional areas, at the

management level. The tables are formatted in the same way as those in section A-

Ill/1; but the focus is on the management level of responsibility, and the

statements of competence, the areas of knowledge, the methods of assessment and

the criteria for assessment are designed to apply to that level of professional

skill and judgment.

52

Regulation III/3 - Chief Engineer Officers and Second Engineer officers on ships

with propulsion power of between 750kw and 3000kw

The first paragraph of this regulation requires that everyone who serves as a

chief engineer officer or second engineer officer on a seagoing ship powered by

main propulsion machinery between 750kw and 3000kW propulsion power must hold an

―appropriate certificate‖.

The second paragraph sets out the requirements a candidate must meet to acquire a

certificate for service in this capacity. The candidate must be qualified as an

officer in charge of an engineering watch (i.e. meet the requirements of

regulation III/1); and must meet certain minimum periods of seagoing service as

engineer officer or second engineer officer. The candidate must also complete

approved education and training, and meet the standard of competence and other

requirements of section A-III/3 of the STCW Code.

Section A-III/3 of the STCW Code specifies the minimum standard of competence by

making reference to the tables already given in Section A-III/2. However, the

level of knowledge, while still at the management level, may be lowered to suit

the lower propulsion threshold to be placed as a limitation on the candidate‘s

certificate. The level of knowledge may also be varied when the certificate is

limited to service on ships engaged on near-coastal voyage

Paragraph 3 of regulation III/3 provides that someone qualified as a second

engineer officer on ships of 3,000kw propulsion power or more may serve as chief

engineer officer on ships of less than 3,000kw propulsion power, if they have a-

certain minimum period of-seagoing service, and-the certificate is suitably

endorsed.

Regulation III/4 - Ratings forming part of a watch in a manned engine-room or

designated to perform duties in a periodically unmanned engine-room on ships of

750kw-propulsion power or more

The first paragraph of this regulation requires that every rating forming part of

a manned engine-room watch on a seagoing ship of 750 kilowatts (kW) propulsion

power or more must be ―duly certified‖. Certification is not required for ratings

who are under training or whose duties are of an unskilled nature.

The second paragraph sets out the requirements a candidate must meet, including

minimum age, approved seagoing service and training associated with engine-room

watch keeping functions. The candidate must also meet the standard of competence

set out in Section A-III/4 of the STCW Code.

Section A-III/4 of the STCW Code specifies the minimum standard of competence in

the form of a four-column table for the marine engineering function area, at the

support level.

Role of Chief engineer towards satisfactory training of engine room personnel

Chief engineer must establish a training program onboard ship. He should:

Break down various jobs into duties, tasks, and sub tasks.

Establish priorities of tasks.

Define performance standards for each task.

Identify preferred mode of learning.

Collect data on profile of trained personnel.

Give trainee independence of doing job and at the same time supervise the work

constantly.

Identify constraints like language, lack of training, etc.

53

If a trainee is found to be lacking in knowledge in some areas, then the chief

engineer must discuss his weakness with him and must try to give him a chance to

improve upon. If the trainee needs formal training in certain fields then chief

engineer must request for shore based training of the person concerned.

Evaluating competence for onboard training

The criteria for evaluating competence for onboard training of engine room

personnel is given in column 4, of tables A-III/1, III/3, III/4. Some of the

criteria are:

Identification of important parameters and selection of material is

appropriate.

Use of equipment and machine tool is appropriate and safe.

Selection of tools and spares is appropriate.

Dismantling, inspecting, repairing, and re-assembling are in accordance with

manuals and good working practices.

The conduct, handover and relieving of ‗watch‘ confirm with the accepted

principles and procedures.

A proper record is maintained of the movement and activities relating to the

ships engineering systems.

Communications are clearly and well understood in accordance with established

rules and procedures to ensure safety of operations and to avoid environment

pollution.

The causes of machinery malfunctions are properly identified and actions are

designed to ensure overall safety of the ship and plant.

Procedures for monitoring shipboard operations and ensuring compliance with

MARPOL requirements are fully observed.

The type and scale of emergency is properly identified and emergency procedures

are followed as per plan.

Actions in responding to abandon ship and survival situations are appropriate.

Legislative requirements, relating to SOLAS and MARPOL are correctly

identified.

On the basis of these guidelines and evaluation criteria, the competency of

onboard training can be evaluated.

34. Explain the influence of following external factors in higher consumption of fuel

oil and how at best they could be controlled? (i) ships hull condition (ii)

weather condition (iii) maintenance of different elements in fuel oil system

As there is very close business competition in the market each and every

company keeps a very good eye on their quality/ a part of daily expenses of ship

running cost it takes about 40% cost of overall expenses for bunker and related

operations.

Hence savings in fuel is as very important part for shipping companies and

also part of machinery genuine malfunction. Few savings in bunker expenses

becomes surprisingly a significant amount in a life time period of the ship.

1) SHIPS HULL CONDITION

Resistance as most of us avoid in our daily life is also true for a ship. In

general ships frictional resistance

R x fssw

Where f is a factor which depends upon density, roughness and length of the

ship

Other resistance is residual resistance which due to wake forming tendency,

caused due to the movement in water and shape of the ship

Thus total resistance equals FRICTIONAL RESISTANCE + RESIDUAL RESISTANCE

54

So as far as ships hull condition is concerned frictional resistance plays a very

important role. It could be up to 70% of total resistance in a badly fouled ship.

Thus importance of a good clean hull can be seen unfortunately there can be

several methods developed but most of them are effective over a long time. Hence

regular dry docking is the best solution.

It is found that ship fouling pattern is not very regular. As shown in

(speed/power) graph, it may be very slow in initial stages or may be very

standardized in the initial years but in over a period of time it becomes very

―stiff‖ are very fast.

In order to meet the very stick charter party alarm a ship must have a very good

and smooth hull surface

Factors responsible for fouling of the hull are as follows:

Use of improper techniques in applying paints

Poor quality of applied paint

Long port stays/or at rest

Damaged hull surface

Poor maintenance of hull protecting system such as ICCP

Poor ship design increasing resistance in water

Thus appropriate measures should be taken for the above mentioned points

and a good surface should be prepared prior applying the approved quality of

Speed and power graph also indicates that the engine may be thermally overloaded

with a badly fouled hull resulting in a decrease of the operating life of

machinery parts causing frequent breakdown and coating very heavily on shipping

companies

Antifouling paints of approved type and a well maintained antifouling

system plays an important role in ships regular operating period between dry

docks

Weather Condition

Ships are designed and constructed to withstand the forces of nature up to

a certain extent for a certain time depending upon the area of trading weather

conditions keep changing and also the condition of the sea.

Seasons such as summer, winter or monsoons of extreme nature are very

common in the trade of shipping. If climatic conditions/weather conditions are

favourable it may result in a +ve ship and vice versa with a bad or heavy weather

condition it may result in a –ve ship resulting in a extra fuel consumption due

to higher power demands and overloading of engines.

Thus good judgement can be the key element in tackling bad weather

conditions, avoiding transmitting from and low pressure areas for a few days.

It is the responsibility of the master to take the safest route to avoid

the harshness of weather for a few extra sailing hours

The cost of extra fuel consumption in negligible than the consideration of

the safety of the vessel

Engine manufacturer guidelines should be strictly followed in severe

weather conditions. Governor load index, hunting, R.P.M, scavenging air limit

torque limits must be taken into account to avoid thermal and mechanical

overloading of the engine. Thus these guidelines can be kept in mind for keeping

fuel consumption within limit. Also effect of …… plugs a ………….. role and is also

important as it reduces the NOx limit humidity effects the density of charge air,

development of power heat release more temperature in a unit and exhaust

temperature. Climatic conditions play an important role in the optimum

performance of the engine.

MAINTENANCE OF DIFFERENT ELEMENTS IN FUEL OIL SYSTEM

Although the condition of the hull and weather play a significant role in

regulating fuel consumption, elements which directly control fuel have a

proportional relation to the consumption of fuel.

55

It is meant that if parts or equipments used are in good condition then lot

of fuel can be saved for example 1) d\fuel injectors, fuel pipes, fuel pump and

VIT RACK shock absorber if maintained in a good way in regular inspection and

overhaul problems of fuel leakages can be minimized.

Similarly pipe joints, V/V glands booster pump section or any fuel oil

leakage in fuel oil system if attended immediately also improve the safety of the

ship.

Proper temperature of fuel supplied to the engine should be maintained for

optimum efficiency.

Operation of purifier and performance should be regularly checked resulting

in less over flow of oil

V.I.T. mechanism and fuel control burr and its connection with governor

must be lubricated periodically to eliminate sluggishness and wear and tear.

35. An Indian flag vessel collided with another vessel off the coast of India, as a

result few lives were also lost and vessel damaged. In accordance with the

provisions under the Merchant Shipping Act, what steps should be initiated and

who should initiate such steps for the safety of the ships and the marine

environment

Whenever a shipping accident takes place and comes under the purview of

M.S.Act as a shipping casualty, the master, the pilot or persons in charge of

ship at the time of casualty is required to give notice of this casualty to

officer appointed by the government under the section 358(2) of the M.S.Act. The

proper officers appointed by the government are notified in the official gazette.

Preliminary enquiry: When an officer appointed under the Act

received information about the shipping casualty, he is required to conduct a

preliminary inquiry about the accident. The purpose of the preliminary enquiry is

to establish the following:

(a) A shipping casualty has occurred within the meaning of Act.

(b) The details of the voyage leading to the casualty.

(c) Events that led to the casualty

(d) Extent to which loss of life or loss of property has occurred due to

shipping casualty

(e) The causes that led to the casualty including act of in competency,

negligence or misconduct of person or persons is concerned

The preliminary enquiry, which is held under section 359 of M.S.Act, is

departmental enquiry and the proceedings of such enquiries are not released to

public. In conducting the preliminary enquiry, the officer has the following

responsibilities:

(1) To inform the central government and the state government concerned where

necessary of the detail of the shipping casualties occurring within their

jurisdiction

(2) To go on board the ship and inspect the same including machinery and

equipment, but not unnecessarily detaining or delaying her from proceeding on any

voyage

(3) To enter and inspect any premises to facilitate the completion of the

preliminary enquiry

(4) To summon persons he thinks to take statement to complete the preliminary

enquiry

(5) To demand the production of all log books, documents or papers he considers

necessary for the enquiry

(6) To submit the report to central government

If any person refuses to attend and answer or to produce necessary

evidence or to impede the enquiry, officer should call his attentions to the

power given to him. In case he still refuses, he can take action under chapter X

of the Indian Penal Code.

Persons who may be present at the examination; where the owner or agent

of a ship, a casualty to which is being investigated signifies his desire to be

present but only while witness belonging to the ships at which he is directly

interested are being examined, and he must be requested to remain silent. He may

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take note of evidence, if he desires but should not interfere examination of

witnesses. Barring this, no person is to be present in room during the

examination of the witness excepting the deponent. The officer conducting the

enquiry and his clerk and if necessary an interpreter. Professional lawyers are

not admitted in to the proceedings of preliminary enquiry or formal

investigation. Whenever it appears that the event leading to ship casualty,

demand a formal investigation by court, the D.G.Shipping, by virtue of power

delegated to him under section 360 of M.S.Act may direct the same to be held. On

receipt of the order of director general the proper officer shall make an

application to the court of empowered under 361. the objective of court empowered

under 361 is not to punish anyone who may have been at fault, but to throw light

on the cause of casualty and to consider steps to prevent such casualties in

future. Only first class magistrates are empowered to conduct these formal

investigations.

The courts are assisted by assessors having the requisite technical

knowledge and are independent of all the interest concerned. The assessor are

appointed by the court out of the list which is maintained by the directorate.

Where formal investigation involves or appears likely to involve any

question regarding cancellation or suspension of certificate of competency of

master, mate or engineer, the court shall be assisted by not less than two

assessors having the requisite experience in merchant marine service.

Apart from the officer on whose application this investigation is

undertaken, any person upon whom a notice of investigation has been served, any

other interested parties may be permitted to appear at investigation and become a

party to the proceedings.

On the appointment time and place for holding investigation, the court

can proceed with investigating witness the parties upon whom notice of

investigation have been served are present or not.

Report of court, unless the cancellation or suspension of any officers

certificate is not involved, the court need not tell its decision in open court.

It may send or deliver to the parties a copy of the report as required by 369 of

M.S.Act to be transmitted to the central government. The court should submit its

report to the central government in duplicate. Where cancellation or suspension

of officer‘s certificate of competency is involved, the court may deliver its

decision in open court and also send or deliver to the parties a copy of the

report to be transmitted to the central government. Where the certificate is

suspended and the court has recommended a certificate of lower grade should be

issued, the same shall be issued by D.G.Shipping through the principal officer

concerned.

The power to cancel certificate of competency – The certificate of

competency may also be cancelled by central government under provision of 373 of

M.S.Act

36. As a Chief Engineer on a UMS vessel scheduled to make a voyage from India to the

U.S. Coast, list the salient items you will inspect including the propulsion

machinery to ensure a satisfactory voyage. Also list the documents the ship will

keep ready to successfully undergo PSC inspection on arrival.

The salient items to be inspected on a vessel scheduled to make a voyage

from India to US West Coast are:-

ISM Code:

Confirm that there is a Company Safety & Environment Protection Policy on

board and that all the key personnel are familiar with the Safety Management

System(SMS)

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

readily available

All personnel should be able to give the identity of the DPA(Designated Person

Ashore), who is the sole contact point for any emergency. Ensure procedures

are in place for establishing and maintaining contact with shore management

through the DPA in an emergency

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Records for maintenance, periodic testing, training drills, log book & safety

registers are to be updated

Ensure that you are familiar with any non-conformities which have been

reported to the company and what corrective action is being taken

Operation of Machinery:

o The dead man alarm working properly

o No alarms are bypassed and all are tried out regularly and record of testing

dates entered

o There is no fuel oil or lube oil leakage

o All the fire alarms are tested regularly and all in good condition

o All quick closing valves are in good condition

o Emergency and standby sources of electrical power to be tested, that they are

readily available, especially in a blackout condition, stand-by generator

engines automatic start to be tried out.

o Check that the load sharing system of generators is tested and is functioning

correctly

o Emergency Generator, Emergency Air Compressor, Emergency Steering arrangement,

Emergency Bilge suction and bilge pumps to be in working condition with

records of all maintenance carried out up-to-date

o Try out main engine, start from local control station

o Check life-boat / rescue-boat engines are running properly

o Check proper functioning of safety cut-outs for main engine / aux engine /

boilers

o Confirm ―emergency stops‖ for pumps & blower function properly

Bunkering Operations:

Ensure bunkering procedures are posted, understood by all personnel & spill

equipment is readily available. Test the means of communication, between ship‘s

bunkering personnel & shore / barge. SOPEP & ISM procedures to report and deal

with oil spills should be understood by all.

Control of oily mixture, sludge, sewage, garbage & air pollution:

Ensure that all the operational requirements of MARPOL as applicable have been

complied with taking into account ;

a) quantity of sludge/oil residues being generated daily

b) the capacity of sludge & bilge water holding tanks

c) capacity of oily water separator, incinerator, etc

Ensure oily water separator, incinerator, sewage treatment plant, primary

and/or secondary NOx treatment systems are functioning properly.

Check and update all entries made in the ORB.

Ensure the correct use of reception facilities; inadequate facilities noted

and reported by the master to the flag state.

Ensure the responsible personnel are familiar with the procedures for handling

sludge and bilge water

Fire drills and Fire equipment:

Confirm that all crew members can activate the fire alarm and know the

locations of switches and are familiar with the documented procedures for

reporting a fire to the bridge and actions to be taken

Check whether all the fire fighting parties promptly muster at the designated

stations when the alarm is sounded, during a ‗simulated‘ fire drill. Confirm

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that all crew members are able to demonstrate the correct use of the

appropriate fire fighting equipment

Ensure the following items are functioning correctly:-

a) fire doors, including remote operation

b) fire dampers and smoke flaps

c) quick closing valves

d) emergency stops of fans and fuel oil pumps

e) fire detection and fire alarm system

f) main & emergency fire pumps

Communication:

Ensure that all key personnel are able to communicate & understand each

other‘s signals during drills.

Documents to keep ready for USCG inspection at arrival:

1. Oil record book

2. garbage record book

3. All relevant certificates as per the conventions

4. All certificates related to the competency of crew

5. Cargo related certificates

6. SMC and copy of DOC

7. Ballast water management plan