a) Describe salient features of International Load Lines convention as amended.
b) List contents of the Record of conditions of assignment of free board of a ship.
It has long been recognized that limitations on the draught to which a ship may be loaded make a significant contribution to her safety. These limits are given in the form of freeboards,
which constitute, besides external weather-tight and watertight integrity, the main objective of the Convention. International Convention on Load Lines sets the limit to the draught to
which a ship may be loaded, in addition to setting provisions to prevent water from entering a ship through doors, hatches, windows, ventilators, etc. To put it in a nutshell, the assignment
of Load Lines of a ship ensures the WATERTIGHT and WEATHERTIGHT INTEGRITY of a ship. Conditions of assignment therefore, are regulations to ensure that a vessel is provided
with efficient means for:
>> Protecting all openings to the hull and superstructure from ingress of water.
>> Protecting the crew in heavy weather, and
>> The rapid freeing of water from the weather decks.
Conditions of assignment deal with:
1. Stability information.
2. Bulkheads at exposed ends of enclosed superstructures.
3. Access openings in bulkheads.
4. Cargo and other hatchways.
5. Coaming of hatchways.
6. Hatchway covers.
7. Protection of openings.
8. Ventilator coaming.
9. Air pipes.
10. Cargo ports.
11. Discharges, inlets and scuppers.
12. Side scuttles (scuppers).
13. Protection for crew.
14. Special conditions for Type A vessels.
15. Provision of loading information.
Once freeboards have been assigned the following are to be marked on each side of the
vessel:
>> Deck line.
>> Load Line Disc and Mark.
>> Seasonal Load Line Marks.
This Convention provides for the terms of ship’s surveys, issuance, duration, validity and acceptance of International Load Line Certificates, as well as relevant State control measures,
agreed exemptions and exceptions.
(b) Form of record of conditions of assignment of load lines
International Convention on Load Lines, 1966 Record of Conditions of Assignment
Name of ship…………………
Port of registry……………..
Nationality………………….
Distinctive number or letters….
Shipbuilders…………………
Yard number………………….
Date of construction/conversion..
Freeboard assigned as a ship of Type..
Classification……………….
Date and place of initial survey.
A plan of suitable size may be attached to this Report in preference to sketches on this page. Disposition and dimensions of superstructures, trunks, deckhouses, machinery casings; extent of bulwarks, guard rails and wood sheathing on exposed deck, to be inserted in the diagrams and tables following; together with positions of hatchways,gangways and other means for the protection of the crew; cargo ports, bow and stern doors, side-scuttles, scuppers, ventilators, air pipes, companionways, and other items that
would affect the seaworthiness of the ship.
a) Enumerate the brief outline of the contents of chapter II, III, and VII of SOLAS 1974 as amended. List the relevant Merchant Shipping Rules applicable for
Indian ships.
b) Briefly explain the aim and objectives of the ITU Radio regulations.
(a)
Chapter II-1 – Construction – Subdivision and stability, machinery and electrical installations The subdivision of passenger ships into watertight compartments must be such that after assumed damage to the ship’s hull the vessel will remain afloat and stable. Requirements for watertight integrity and bilge pumping arrangements for passenger ships are also laid down
as well as stability requirements for both passenger and cargo ships.
The degree of subdivision – measured by the maximum permissible distance between two adjacent bulkheads – varies with ship’s length and the service in which it is engaged. The highest degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to ensure that services which are essential for the safety of the ship, passengers and crew are maintained under various emergency conditions. The steering gear requirements of this Chapter are particularly important.
Chapter II-2 – Fire protection, fire detection and fire extinction This includes detailed fire safety provisions for all ships and specific measures for passenger
ships, cargo ships and tankers.
They include the following principles: division of the ship into main and vertical zones by thermal and structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries; restricted use of combustible materials;detection of any fire in the zone of origin; containment and extinction of any fire in the space of origin; protection of the means of escape or of access for fire-fighting purposes; read availability of fire-extinguishing appliances; minimization of the possibility of ignition of flammable cargo vapour.
Chapter III – Life-saving appliances and arrangements
The Chapter includes requirements for life-saving appliances and arrangements, including requirements for life boats, rescue boats and life jackets according to type of ship.
The International Life-Saving Appliance Code (LSA Code) gives specific technical requirements for LSA and is mandatory, which states that all life-saving appliances and arrangements shall comply with the applicable requirements of the LSA Code.
Chapter VII – Carriage of dangerous goods
The regulations are contained in three parts:
Part A – Carriage of dangerous goods in packaged form or in solid form or in bulk – includes provisions for the classification, packing, marking, labelling and using placards, documentation and stowage of dangerous goods.
Part B covers construction and equipment of ships carrying dangerous liquid chemicals in bulk and requires chemical tankers built after 1 July 1986 to comply with the International Bulk Chemical Code (IBC Code).
Part C covers construction and equipment of ships carrying liquefied gases in bulk and gas carriers constructed after 1 July 1986 to comply with the requirements of the International Gas Carrier Code (IGC Code).
Part D includes special requirements for the carriage of packaged irradiated (burnt and can be re-used) nuclear fuel, plutonium and high-level radioactive wastes on board ships and requires ships carrying such products to comply with the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code).
The chapter requires carriage of dangerous goods to be in compliance with the relevant provisions of the International Maritime Dangerous Goods Code (IMDG Code).
a) Volatile Organic Compounds (VOC) management plan.
b) Notification procedures for loading/unloading harmful substances as per MARPOL Annex II.
(a)
The purpose of the VOC management plan is to ensure that the operation of a tanker, to which regulation 15 of MARPOL Annex VI applies, prevents or minimizes VOC emissions to the extent possible.
Emissions of VOC can be prevented or minimized by complying with this plan, the loading and carriage of cargoes which generate VOC emissions should be evaluated and procedures written to ensure that the operations of a ship follow best management practices for the preventing or minimizing VOC emissions to the extent possible. If devices, equipment or design changes are implemented to prevent or minimize VOC emissions, they shall also be incorporated and described in the VOC management plan as appropriate.
An example of contents of a VOC Management Plan on board:
I Introduction
II Objectives
III Additional Considerations
SECTION 1 Cargo tanks particulars
1.1 Tank arrangements
1.2 Design Particulars
SECTION 2 Cargo Tank venting systems
2.1 Description of the vessel’s venting system
2.2 Set opening pressures of venting devices
SECTION 3 Volatility of crude oils – VOC generation mechanisms
3.1 Background
3.2 The volatility or vapour pressure of the crude oil
3.3 VOC generation mechanisms
SECTION 4 Means for reduction of VOC emissions.
4.1 Installations for reduction of VOC emissions
4.2 Operational measures for the reduction of VOC emissions
SECTION 5 The monitoring and control of VOC releases
SECTION 6 Training programme
SECTION 7 Designated person
SECTION 8 List of drawings, plans and manuals
(b)
Notification procedures for loading/unloading harmful substances as per MARPOL Annex II The following documents to be submitted:
>> The shipping documents supplied by the shipper shall include, or be accompanied by a signed certificate or declaration that the shipment offered for carriage is
properly packaged and marked, labelled or has the relevant placards as appropriate and in proper condition for carriage to minimize the hazard to the marine
environment.
>> A detailed stowage plan which sets out the location of the harmful substances on board. Copies of such documents shall also be retained on shore by the owner (or
representative) of the ship until the harmful substances are unloaded. A copy of one of these documents shall be made available before departure to the person or
organization designated by the port State authority.
>> In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of each such substance shall be used (trade names alone are not to be used) and the substance further identified by the addition of the words ‘MARINE POLLUTANT’.
OPRC – HNS3 PROTOCOL
The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol) follows the principles of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC) and was formally adopted by States already Party to the OPRC Convention at a Diplomatic Conference held at IMO headquarters in London in March 2000. The Protocol entered into force on 14 June 2007.
Like the OPRC Convention, the HNS Protocol aims to provide a global framework for international co-operation in combating major incidents or threats of marine pollution from HNS. Parties to the HNS Protocol will be required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries. Ships will be required to carry a shipboard pollution emergency plan (SMPEP) to deal specifically with incidents involving HNS.
Charter Party terms:
a) Off hire b) Safe berth c) NOR d) Lay time and reversible lay time
(a)
General concept of the time charter is that the owners let and the time charterers hire the use and services of the vessel for the carriage of specified cargo in bulk and/or lawful merchandise in consideration of punctual advanced payment of hire during contracted period of time. Therefore, unless expressly stated otherwise, the charterer’s primary obligation is to
pay hire continuously until redelivery or unless he can bring himself within the exceptions.
For off-hire event to start it is necessary that service of the vessel must be interrupted by one of the causes mentioned in the governing off-hire provision. The charterer bear the burden of proof to show that the ship owner has been unable to perform the services required of it by the charterer.
(b)
The question of whether a berth is “safe” is mainly a matter of common sense. Safety must be decided by reference to the particular vessel in question. For example, the ship must be able to call at a load port or disport without grounding. This is the case whether it is laden or not,and, if it is necessary to lighten the vessel so that it can come alongside the berth, the berth
may be unsafe. The most important factor is that the safety must be decided by reference to the particular vessel in question.
(C)
NOR – When on a voyage charter it is the master’s responsibility to advise the charterer or his agent, in writing, as soon as the vessel is in all respects ready to load or discharge. This advice is given in the form of a Notice of Readiness (NOR) tendered to the charterer or his agent. In some cases when a vessel is to load and she is expected at a definite hour, the company or its agent at the port may tender the NOR. This is especially true if it is not required to get free pratique or to clear Customs. It is from the moment the NOR has been accepted that the lay-days commence, provided the ship fulfils the following conditions:
>> provided she is considered as an “arrived ship”, that is, she is berthed or anchored at the place shown in the contract of carriage, and has received free pratique;
>> provided she is in all respects fit to load or discharge;
>> provided the notice has been delivered to the shippers or receivers;
>> provided the notice has been accepted.
(d)
Lay-time means the period of time agreed between the parties during which the owner will make and keep the Vessel available for loading or discharging without payment additional to the freight. REVERSIBLE LAYTIME means an option given to the charterer to add together the time allowed for loading and discharging. Where the option is exercised the effect is the same as a total time being specified to cover both operations.
The term “seaworthiness” from the perspective of:
a) Statutory provisions regarding carriage of goods;
b) Provisions in the Merchant Shipping Act, 1958 regarding safety of life at sea;
c) Contracts of insurance
(a)
Seaworthiness as it relates to ocean carriage is one of the most important concepts in admiralty law. Since the advent of shipping, cargo owners have been interested in having their goods carried on seaworthy vessels. The same is true today. Seaworthiness was originally used in maritime law to describe the condition of the ship’s hull. This meaning has since been broadened.
Seaworthiness is a relative term. Its definition depends upon its application to the type of vessel involved and the nature of the cargo carried on the contemplated voyage. The vessel must be staunch, strong and well-equipped for the intended voyage and manned by a competent crew and skilled master. Moreover, the vessel must be capable of safely receiving the intended cargo and carrying it to destination in an undamaged condition. Therefore,unless the vessel is reasonably fit to carry its cargo, it is unseaworthy. The important point is that the ship owner’s obligation to provide a seaworthy vessel is absolute – meaning that he has to ensure this,
(b)
In every contract of service, express or implied between the owner of an Indian ship and the master or any seaman thereof, and in every contract of apprenticeship whereby any person is
bound to serve as an apprentice on board any such ship, there shall be implied, an obligation on the owner that such owner and the master charged with the loading of such ship or the preparing thereof for sea, shall use all reasonable means to ensure the seaworthiness of such ship for the voyage at the time when such voyage commences, and to keep her in a seaworthy state during the voyage.
For the purpose of seeing that the provisions of seaworthiness have been complied with, the Central Government may, either at the request of the owner or otherwise, arrange for a survey of the hull, equipment or machinery of any seagoing ship by a surveyor.
(c)
A ship is seaworthy when she is in a fit state as to repairs, equipment, and crew, and in all other respects, to encounter the ordinary perils of the voyage insured at the time of sailing upon it. The issue of un-seaworthiness also arises between shipper and ship owner; but the definition of seaworthiness in such cases has to be distinguished from un-seaworthiness in the insurance context. A ship might be seaworthy as between insurer and ship-owner, though unseaworthy as between ship-owner and shipper of a particular cargo, e. g frozen meat which
requires special freezing apparatus, though that does not affect the safety of the ship.
a) What are the responsibilities of Master and salver during a salvage operation?
b) Explain the contents and clauses of LOF 2011.
(a)
Responsibilities of the salver
The salver shall owe a duty to the owner of the vessel or other property in danger:
>> to carry out the salvage operations with due care;
>> in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimize damage to the environment;
>> whenever circumstances reasonably require, to seek assistance from other
salvers; and
>> to accept the intervention of other salvers when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.
Responsibilities of the owner and master
The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salver:
>>to co-operate fully with him during the course of the salvage operations;
>>in so doing, to exercise due care to prevent or minimize damage to the environment; and
>> when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salver to do so.
(b)
Contractors’ basic obligation
The Contractors, as identified, hereby agree to use their best endeavours to salve the property specified and to take the property to the place stated or to such other place as may hereafter be agreed. If no place is agreed upon and in the absence of any subsequent agreement as to the place where the property is to be taken the Contractors shall take the property to a place of safety.
Environmental protection
While performing the salvage services the Contractors shall also use their best endeavours to prevent or minimise damage to the environment.
SCOPIC Clause
Unless the word “No” in the relevant Section has been deleted, this agreement shall be deemed to have been made on the basis that the SCOPIC Clause is not incorporated and forms no part of this agreement.
Effect of other remedies
Subject to the provisions of the International Convention on Salvage 1989 relating to special compensation and to the SCOPIC Clause, if incorporated, the Contractors services shall be rendered and accepted as salvage services upon the principle of “no cure – no pay” and any salvage remuneration to which the Contractors become entitled shall not be diminished by reason of the exception to the principle of “no cure – no pay” in the form of special compensation or remuneration payable to the Contractors under a SCOPIC Clause.
Duties of property owners
Each of the owners of the property shall cooperate fully with the Contractors. In particular:
>>the Contractors may make reasonable use of the vessel’s machinery gear and equipment free of expense provided that the Contractors shall not unnecessarily
damage abandon or sacrifice any property on board;
>>the Contractors shall be entitled to all such information as they may reasonably require relating to the vessel or the remainder of the property provided such
information is relevant to the performance of the services and is capable of being provided without undue difficulty or delay;
>>the owners of the property shall co-operate fully with the Contractors in obtaining entry to the place of safety.
Rights of termination
When there is no longer any reasonable prospect of a useful result leading to a salvage reward in accordance with Convention Articles 12 and / or 13, either the owners of the vessel or the
Contractors shall be entitled to terminate the services by giving reasonable prior written notice to the other.
Deemed performance
The Contractors’ services shall be deemed to have been performed when the property is in a safe condition in the place of safety as stated.
a) Evolution of Carriage of Goods by Sea Act (COGSA) over the years.
b) Due diligence by ship owner with respect to seaworthiness under article III of COGSA (Hague Visby Rules 1968).
(a)
The Carriage of Goods by Sea Act (COGSA) is a United States statute governing the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the “Hague Rules”.
At the time of development of COGSA, most cargo was shipped in boxes, crates, and bags. Shortly after it coming into existence, cargo owners determined that cargo could be handled more efficiently if placed on pallets, a process that results in numerous boxes or bags of cargo being consolidated on a single pallet. Ship-owners, seeing an opportunity to reduce their liability for cargo damage, argued to the courts that the pallets were now “packages” and that they were entitled to limit their liability to $500 per pallet. Later on, the ship-owners, began
arguing that the containers were “packages” and that they could limit their liability to $500 per container, even though the contents of a container may be valued at over $500,000.
It is this imbalance, both in the relative bargaining power of cargo owners, and the superior bargaining power of ship-owners, and the imbalance between $500 per container and the true value of a shipment which has led to countless lawsuits and judicial opinions over the “package limitation” problem. The rest of the world, seeing this as an attempt by ship-owners
to free themselves from responsibility for protecting cargo, amended the Hague Rules in 1968 with the Visby Amendments which eliminated the “per package” limitation and substituted a limitation per kilogram. In so doing, litigation concerning limitations on liability became virtually non-existent outside the United States.
(b)
Care of the cargo under Hague or Hague / Visby Rules is a stringent obligation, because it states that the carrier shall “properly and carefully” care for the goods. The obligation therefore is not only to act “carefully” but also “properly”. There is nothing in Hague or Hague / Visby Rules referring to due diligence to care for the cargo. The only references to
“due diligence” in Hague and Hague / Visby Rules deal with in respect to making the vessel seaworthy, and which refers to latent defects of the ship “not discoverable by due
diligence”.
The reference to due diligence in caring for cargo leads to the requirement that the carrier need prove only due diligence to care for cargo in order to exonerate (free from blame) itself. But it is NOT limited to this requirement alone because the carrier must prove the cause of the loss, and that he exercised due diligence to make the vessel seaworthy in respect of preventing the loss.