PH – I I FG

MARITIME LEGISLATION
THEORY ANSWERS TO MMD EXAM QUESTIONS
Compiled by SATHISH KUMAR
 No. of times questions asked since Feb-2015 till
Feb -2023
60 56
52
50

40 37
34 33
31
28 27
30 25
22 22 22
20 14 13
12 11
10 9 9 8 7
10 6 6 5 4 3 2 2 1
0

Please Note:
Above chart indicates no. of times questions have been asked since Feb-2015 to aid in prioritizing the topics.

These questions are consolidated by sorting out and manually removing the duplicates of all the questions asked in
PH-II FG MMD exams for Maritime Legislation since Feb-2015 till Feb-2023 only.

Few questions have been deliberately skipped as their answer forms part of various answers compiled here.

All the answers mentioned are compiled by referring to the following books and publications:

The Ship Master’s Business Companion – Malcolm Maclachlan

Business and Law – F N Hopkins
Maritime Legislation and Ship Board Management for Deck Officers – Capt. C L Dubey & Capt. M V Naik
Carriage of Goods by Sea – John F Wilson
And from all relevant conventions using Regs4Ships.

All the best mate!!!

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 (Answers Set)
FIRST MATE OF A FOREIGN GOING SHIP (PHASE – II)
FUNCTION: CONTROLLING THE OPERATION OF THE SHIP AND CARE
FOR PERSONS ON BOARD
(Management Level)
PAPER: MARITIME LEGISLATION

PAGE NO. OF
S. NO: TOPIC
NUMBER QUESTIONS

1 MARINE INSURANCE 4 19

2 MS ACT 18 19

3 UNCLOS 31 16

4 SOLAS 45 13

5 CLC & FUND 56 8

6 SALVAGE 61 13

7 MARPOL 67 14

8 MLC 81 10

9 HAGUE & HAGUE VISBY 91 4

10 YORK – ANTWERP 93 7

11 COGSA 99 3

12 CHARTER PARTY 101 7

13 FAL 110 4

14 HIGH SEAS INTERVENTION 115 2

15 CLASS 116 3

16 OPRC 117 2

17 SUA 118 3

18 SPECIAL TRADE PASSENGER SHIPS AGREEMENT 122 2

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 19 LOAD LINE CONVENTION 124 6

20 STCW 128 3

21 TONNAGE CONVENTION 131 4

22 NPDES 134 4

23 LLMC 137 1

24 LONDON DUMPING CONVENTION 138 2

25 BWMC 139 2

26 ILO 140 2

27 IHR 142 1

28 ANTI-FOULING 143 2

29 PAL 144 1

30 TOTAL 177

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 MARINE INSURANCE
1. What is Marine Insurance and
Who is an insurance surveyor and Average adjustor?
Marine Insurance:
As per Marine Insurance Act 1963, Section-2,
“A contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in
the manner and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to
marine adventure.”
 It is a contract between the insurer (insurance company) and the assured (ship owner/cargo owner).
 Marine insurance covers the loss or damage of ships, cargo or other movables which are exposed to maritime
perils.
 Maritime perils mean the perils consequent on or incidental to the navigation of the sea, war perils, pirates,
captures, seizures, restraints etc.
Insurance Surveyor:
 An insurance surveyor inspects vessels for damage or loss and act as a link between the insured and the
insurer.
 They conduct damage survey and condition & valuation survey.
 Damage survey is performed to determine the nature, cause and extent of a marine loss or damage.
 Condition & valuation survey is performed in order to determine the condition and value of a vessel for
insurance eligibility, deciding the premium and terms and condition.
 Either party insured and insurer can hire an insurance surveyor.
 Insurance company hire to estimate the damage or loss and to determine whether it falls under a valid insured
claim.
 Ship owner/ insured hire an insurance surveyor to conduct a private inquiry and may use their report in a
court of maritime law.
 Normally a third-party surveyor is hired to have an unbiased report.
Average Adjuster:
 Average adjuster is a professional who examines and investigates the circumstances when a ship suffers a
general average loss.
 A general average loss is defined as a loss sustained from voluntary sacrifice such as jettisoning part of the
cargo to save the ship or crew.
 During such loss, insurers of various interests shares the cost of losses incurred.
 Average adjuster prepares the statement of general average in accordance with international rules.
 The statement of general average by the average adjustor contains detailed information on estimates and
apportioned value of each party.
 He may be appointed by any party in a marine claim or dispute and he is bound to act in an impartial and
independent manner.

2. What are the principles of Marine Insurance?

Principle of utmost good faith

 ship owner/ insured must disclose all the information that is related to the risk, to the insurance company
truthfully.
 Must not hide any facts that can have an effect on the policy.
 Insurer must also disclose all the features of the insurance policy.

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Principle of Insurable Interest:

 According to this principle, the ship owner/ insured must have an insurable interest in the property which is
insured.
 The ship owner / insured is deemed to have an insurable interest when he is liable due to loss or damage to
the insured property engaged in marine adventure.
 The insurer must be interested in the insured property at the time of loss or damage.
Principle of Proximate Cause:

 While calculating the claim for a loss, the proximate cause i.e. the cause which is the closest and the main
reason for a loss should be considered.
 As per the marine insurance act 1963 Sec-55, insurer is liable for any loss only when it is proximately caused by
insured peril.
 It is the proximate cause that is taken into account and not the remote cause when deciding whether the
claim is covered.
Principle of Subrogation:
 Subrogation is where the insurance company acts as a substitute for the ship owner / insured and takes over
the rights and remedies of the ship owner/insured.
 The insurer must compensate the insured to avail the right of subrogation.
 Thereupon, insurer owns the legal right of the insured property and has the right to claim any future gains
from recovery or settlement with the third party.
 The main aim of the principle is that the insured should not get benefitted more than the loss incurred.
Principle of indemnity:

 Insurance will cover only for the loss that has happened.
 Insurer will thoroughly inspect and calculate the loses.
 Main aim is to put the insured back to the same position financially as he were before the loss.
Principle of Contribution:
 If the insurance is taken from more than one insurer, both insurers will share the loss in the proportion of their
respective coverage.
 If one insurance has paid in full, it has the right to approach other insurance to receive a proportionate
amount.
Principle of Loss Minimisation:
 According to this principle insured must take all the necessary steps to limit the loss when it happened.
 All necessary precautions to prevent the loss must be taken.

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3. Explain various types of Marine losses with examples.

Actual Total Loss:

As per Section 56 (2), of Marine Insurance Act 1963, a total loss can be Actual total loss and constructive total loss.
Actual Total Loss:
 Where the subject-matter insured is destroyed, or so damaged as to cease to be a thing of the kind insured,
or
 where the assured is irretrievably deprived thereof, there is an actual total loss.
 In the case of an actual total loss no notice of abandonment need be given.
 The ship concerned in the adventure is missing, and after the lapse of a reasonable time no news of her has
been received, an actual total loss may be presumed.
An actual total loss may thus occur in four ways:
 where the property insured is actually destroyed, e.g. where a ship is wrecked or burnt out, or where goods
are crushed in the collapse of a stow of cargo;
 where goods change their character to such a degree that they can be said to be no longer a thing of the
kind that was insured, e.g. where dates become “mush”, or where cement powder solidifies;
 where the assured is irretrievably deprived of his property, e.g. where a ship is sunk in very deep water; or
 where the insured property is posted “missing”, e.g. where a ship has not reported for several weeks
Constructive Total Loss:
 As per Section 60 of Marine insurance act 1963, it is considered constructive total loss if
 The insured is deprived of the possession of his ship or goods by a insured peril and it is unlikely that he
can recover
 Or the cost of recovering the ship or goods would exceed their value when recovered.
 Or in the case of damage to a ship, where she is so damaged by insured peril that the cost of repairing
would exceed the value of the ship when repaired.
 In the case of damaged goods, the cost of expenditure to repairing and forwarding the goods to their
destination would be more than their value up on arrival.
 Where there is a constructive total loss, the ship owner / insured may either treat the loss as a partial loss or
abandon the insured property to the insurance company and the treat the loss as actual total loss.
 Example:
 Where an owner who has War Risks Insurance cover is deprived of his ship by its entrapment by war-
wrecked vessels, there is a constructive total loss.
 As time passes, it may become more unlikely that the assured can recover the vessel and she will
therefore be declared a constructive total loss.

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  The cost of recovering her (towage, etc.) after several years of idleness would exceed her market value
after recovery. (The same will apply to goods on a trapped ship.)
Particular Average:
 As per Section 64 of marine insurance act 1963, particular average is a partial loss which is not a general
average loss.
 The loss incurred is not deliberate.
 Only one of the insurable interests is in danger i.e. ship or cargo.
 Loss is compensated by the insurer if it was proximately caused by insured perils.
 H&M normally compensates against insured perils mentioned under perils clause.
 Owners prefer to add “Additional Perils Clause” for ease of proving that the incident is due to accident
instead of trying to prove that incident is due to one of the insured perils.
 Example of Particular Average: General Average Absorption Clauses
General Average:
 The principle of general average may be said simply to be: “That which has been sacrificed for the benefit of
all shall be made good by the contribution of all”
 The objective is if owner of a vessel or cargo has incurred expenses or suffered loss in order to save the vessel
and cargo, he must receive contribution to his loss from all those who have benefitted from this action.
 The general average is loss due to deliberately inflicted damage on the vessel, fuel or cargo or all three to save
all three from common peril.
 The related parties form as a community of peril and expenses caused by the general average shall be born
jointly by the parties.
Examples: -
 Use of engine to re-float a grounded ship resulting in damage to hull and machinery.
 Jettisoning of cargo to re float a grounded ship or for safety of the vessel.

4. With respect to Marine Insurance write notes on:

(i) Insurable interest
(ii) Warranties
(iii) Deviation
Insurable Interest:
 SAME AS MENTIONED IN Q.2 UNDER PRINCIPLE OF “INSURABLE INTEREST”
Warranties
 Warranty means that the assured / ship owner undertakes that: -
- Some particular thing shall or shall not be done or
- That some condition shall be fulfilled, or
- Whereby he affirms or negatives the existence of a particular state of facts.
 It is a condition which must be exactly complied with.
 Failing to do so, the insurance company is not liable for any damage from the date of breach of warranty.
 There are two kinds of warranties – Express warranty and Implied warranty.
Express Warranty:
 An express warranty is the warranty provided in any form of words in writing / in contract that particular
things will be done.
 There may be many express warranties in a marine insurance policy, a common example in a H&M policy
being a warranty that the vessel is classed with a particular society and her class will be maintained.
 Example – “Warranted LR classed and class maintained.
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  “Warranted not north of 70° N “- The policy does not apply if the vessel proceeds north of 70°N
Implied Warranty:
 Implied warranties are not written in the policy but are implied by law to exist in the contract
 They must be strictly complied with in the same way as express warranties.
 Express warranty does not override implied warranty unless the two conflict with each other.
 E.g. Of implied warranty – In every voyage policy it is implied that the ship shall be seaworthy at the
commencement of the voyage.
The voyage must be lawful & as per the contracts & terms
Deviation:
 It is considered deviation in any of the following cases:
- where the course of the voyage is specifically designated by the policy and the vessel deviates from it or
- when the course is not specified, and the vessel deviates from usual and customary course.
 As per marine insurance act 1963, sec-48 – where a ship, without lawful excuse, deviates from the voyage
mentioned in the policy, the insurer is discharged from liability i.e. the insurance company no longer
responsible for any claims.
 The insurer is not liable for any loss even after the ship may have regained her route before any loss occurs.
 Under marine insurance deviation or delay is excused:
 If authorized by any terms of the policy.
 Where caused by reasons beyond the control of the master & his employer.
 Where necessary to comply with an express or implied warranty.
 Where necessary for the vessel’s safety.
 For the purpose of saving the life.
 Where necessary to obtain medical or surgical aid for anybody on board that ship.
 Where necessary caused by the barratrously acts of the master and/or the crew, if barratry is one of
perils insured against.

5. With reference to Indian Marine Insurance Act 1963,

write short notes on the following:
(a) Utmost Good Faith
(b) Constructive Total Loss
(c) Institute Warranties
Utmost good faith:

Principle of utmost good faith

 Under section 19, A contract of marine insurance is a contract based upon the utmost good faith,
 If the utmost good faith be not observed by either party, the contract may be avoided by the other party
 It is a principle that ship owner/ insured must disclose all the information that is related to the risk, to the
insurance company truthfully.
 Must not hide any facts that can have an effect on the policy.
 Insurer must also disclose all the features of the insurance policy.
(b) Constructive Total Loss: AS MENTINOED IN EARLIER QUESTION

(c) Institute Warranties

 Institute warranties are designed to fix the standard trading limits of vessels not engaged on regular services.
 Reason is that navigating in these areas and during some specific times increases the risk of the insurer.
 These warranties are six in number of which first four put a ban on trading to certain icebound regions all year
round and to certain icebound regions during winter season only.

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  The fifth prohibits trading to certain Antarctic regions.
 The sixth prohibits carriage of Indian coal between 1st march and 30th September except to near Asiatic ports
between certain dates.
 Owners wishing to employ their vessels in prohibited areas may take advantage of breach of warranty clause
in which additional premium shall be paid to the insurer.

6. What is Institute Clause?

Institute Clause:

 These are a set of standardized clauses which form basis for several insurance contracts, which are being, used
either with slight or no modifications at all by insurers all over the world.
 These are self-contained clauses made by the technical & clauses committee of the institute of London
underwriters.
 They are attached to the Marine Policy & which set is attached depends on the subject matter to be insured &
the risks to be covered.
 Some of the institute clauses are:
a) Institute time clause (hull)
b) Institute voyage clause (hull)
c) Institute war & strike clauses(hull- time)
d) Institute cargo clauses (A)
e) Institute cargo clauses (B)
f) Institute cargo clause
g) Institute war clauses (cargo)
h) Institute strike clauses (cargo)
 Institute of time clause is widely used in the industry.

7. With respect to Marine Insurance write short notes on:

i. Marine adventure
ii. Perils
iii. Contribution
Marine adventure:
As per marine insurance act section 2,
 “marine adventure” includes any adventure where—
(i) any insurable property is exposed to maritime perils;
(ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the
security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime
perils;
(iii) any liability to a third party may be incurred by the owner of, or other person interested in or responsible for,
insurable property by reason of maritime perils;
 An insurance taken to cover the losses incidental to the marine adventure is the contract of marine
insurance.
 Every lawful marine adventure may be the subject of a contract of marine insurance.
Perils / Insurable Perils:
 As per marine insurance act, “maritime perils” means the perils consequent on, or incidental to, the
navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures,

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 seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which
are either of the like kind or may be designated by the policy;
 Maritime perils normally encountered at sea & means that the assured will be indemnified if the subject
matter insured suffer damage or loss due to
- Perils of the sea & navigable water’s
- Violent theft by persons from outside the vessel
- Jettison
- Piracy
- Breakdown or accident of nuclear reactors or installation
- Damage due to aircraft or from objects falling from an aircraft.
- Bursting of boilers, breaking of shaft or any latent defect in the ship’s hull or machinery
- Negligence of the master, officers or crew or pilots
- Negligence of the repairers or charters provided they are not the assured party
- Barratry of the masters, officers or crew
Contribution:
Principle of Contribution:
 If the insurance is taken from more than one insurer, both insurers will share the loss in the proportion of their
respective coverage.
 If one insurance has paid in full, it has the right to approach other insurance to receive a proportionate
amount.
General Average Contribution:
 A general average loss is defined as a loss sustained from voluntary sacrifice such as jettisoning part of the
cargo to save the ship or crew.
 During such loss, insurers of various interests shares the cost of losses incurred.
 This amount contributed towards general average loss is known as contribution.

8. Write short notes on the following as per Marine Insurance Act:

a) Floating policy b) Sue and Labour clause

Floating policy:
 Pre-purchased marine insurance policy for a lump sum amount.
 Value of cargo and name of ship is not mentioned.
 Separate declaration is made cargo value and name of vessel at the time the ship commences jorney.
 Declaration by endorsement in the policy or other customary manner.
 Value of the cargo deducted from the lump sum amount each time.
 It has largely fallen into disuse with the growth in popularity of open covers
Advantage:
 Usefully for shippers who sent consignment regularly between two fixed geographical areas.
 Helps reduce the formalities involved in buying repeatedly the same insurance policy.
Sue and Labour Clause
 It is of the Part-1 – “Principle insuring conditions” clause 9 of the international hull clauses.
 It is also known as “duty of assured” clause
 Following are the interpretation of the clause:
 The assured (ship owner) has a duty to take all reasonable steps to avert or minimise any loss for which
claim would be payable under the policy.
 In return, the insurance company will cover most of the costs incurred in taking such steps.
 Sue and labour charges are different from general average expenditure.
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  That is in general average the incurred charges are for the benefit of all parties (ship owner, cargo owner,
etc).
 Whereas in this, charges incurred are for the benefit of only a single interest ship owner or the cargo.
 Examples: Sue and labour charges might include costs incurred by a shipowner in recovering a lost anchor
and cable
 Costs incurred by a cargo owner of having a refrigerated cargo stored ashore while a ship’s refrigerating
machinery is under repair.

9. What is the difference between ‘total loss’ and ‘constructive total loss’ of a ship?
TOTAL LOSS
ACTUAL TOTAL LOSS CONSTRUCTIVE TOTAL LOSS
i. Section 68 of Marine Insurance Act Section 60 of Marine Insurance Act
It is declared (constructive) that the subject matter
ii. Actual total loss of the subject matter insured.
insured is total loss because it is unavoidable.

E.g. Ship is stranded due to perils at sea and is in

E.g. where a ship is wrecked or burnt out, where
danger of breaking up (Not yet broke or sunk). Ship
iii. goods are crushed in the collapse of a stow of
owner need not wait for it to break or sink, he shall
cargo
claim for constructive total loss.

Goods insured change their character to such a The cost of expenditure to repair the ship or goods and
Iv degree that they can be said to be no longer a forwarding the damaged goods to their destination
thing of the kind that was insured would be more than their value up on arrival.

E.g. Ship entrapped by war-wrecked vessel. cost of

E.g. where dates become “mush”, or where
v. recovering her (towage, etc.) after several years of
cement powder solidifies
idleness would exceed her market value after recovery

Grounding damage, if the cost of repairing the damage

e.g. where a ship has not reported for several
vi. would exceed the value of the ship when repaired,
weeks.
there is a constructive total loss.

vii. Notice of abandonment is not required. Notice of abandonment is required.

10. Explain the term Warranty as used in Marine Insurance. What are different types of Warranty? How does
provision of Warranty protects the Underwriter?

Warranty & Types of Warranties: SAME AS MENTIONED IN Q.4

How does provision of warranty protect the underwriter?

 A warranty protects the insurer under the principle of utmost good faith.
 The premium and acceptable risk is based on the circumstances the insurable property may be exposed to.
 By knowing the warranties, the insurer can determine the scope of liability and a fair value complying with
the principle of indemnity.
 By complying with the warranties, the assured makes sure the property insured remains an insurable thing
through the policy term.

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  Section 35 (3) of marine insurance act 1963, states that when there is a breach of warranty the insurer is
discharged from liability from the date of breach of warranty.
 Also, as per Section 36(2), where a warranty is broken, the assured cannot avail himself of the defence that
the breach has been remedied and the warranty complied with before loss.

11. Differentiate between conditions and warranties as per contract of carriage. Ii. Demurrage and dispatch.
Conditions Warranties
Fundamental terms in a contract of carriage
Fundamental terms in a contract of carriage that
that define the core obligations and
Definition define the core obligations and liabilities of the
liabilities of the carrier and the parties
carrier and the parties involved.
involved.

Breach of a condition can discharge the Breach of a warranty gives rise to a claim for
Legal Effect carrier from liability and limit the remedies damages, but does not discharge the carrier's
available to the shipper. liability or restrict available remedies.

Typically explicitly stated in the contract and Often implied or may be explicitly stated, but not
Intent
carries significant importance. of central importance.

Warranty: Fitness for a particular purpose in the

Examples Condition: Timely payment of premium
sale of goods.

12. What is P and I club? Where and how does it protect the interest of the sea-fearers?
P & I Clubs:
 These are properly called “protection and indemnity associations”
 These clubs protect the ship owner from third party claims which are normally not covered under marine
insurance policies.
 Include the 13 members of the International Group of P&I Clubs (and their 4 associate clubs) and a number
of small independent clubs.
 mostly offer two principal types of cover: Protection and Indemnity (called “P&I”), and Freight, Demurrage
and Defence (called “FD&D”)
 They disseminate loss prevention information in circulars, bulletins, booklets, videos, etc., aimed at keeping
members’ premiums down.
 Provides Certificate of Entry for vessels entered for insurance in the club.
 The Certificate of Entry sets out the classes of cover in force and the deductibles applicable to each type of
cover.
 P&I clubs retain correspondents at numerous ports worldwide.
 Role of correspondents:
- are, for legal reasons, representatives, and not agents of the club
- will attend members’ vessels when so requested by the master or agent in order to protect a member’s
interests
- may be instructed by the club to offer a Letter of Undertaking in cases of possible liability. In most cases,
e.g. where there has been pollution following a bunkering accident, or jetty damage caused by a ship, this
will avert the need for a bond to be posted to avoid arrest.
List of P&I Cover available:
Protection and Indemnity (P&I) cover includes the following liabilities:
 cargo claims (e.g. for short delivery, loss or damage to cargo);
 crew claims (e.g. medical expenses, repatriation, substitute expenses, compensation for death or injury);

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  collision liabilities (to the extent that the claim is not covered under the hull policy);
 “fixed and floating objects” (e.g. damage to docks, wharves and buoys)
 third party injury and death claims (e.g. from stevedores, crew members and passengers);
 oil pollution liability (and liability for pollution by other substances);
 special compensation payable in accordance with Article 14 of the International Convention on Salvage
1989, including payments assessed under the Scopic Clause;
 miscellaneous claims (including fines for innocent breaches of regulations, diversion and other expenses
incurred in landing refugees, sick persons and stowaways, contractual liabilities including those of customary
towage, unrecoverable general average contributions, ship’s proportion of general average when in excess
of the insured value, salvor’s expenses under Lloyd’s Open Form, and wreck removal costs
Protection of Crew interest by P&I Clubs:
From the above it is clearer that the crew claims related to medical expenses, repatriation, substitute expenses,
compensation for death or injury are all covered by the P&I clubs. Thus, owners shall not deny the crew of such
special needs.

13. Vessel has suffered hull damage, due to bad weather, explain the carrier’s action to safe guard owners’
interest.
Above scenario leads to H&M claim. Following procedures to be followed to safe guard owner’s interest.
 Master shall inform all parties such as owners, charterers, P&I and H&M etc.
 Record all the details, and weather record in the deck log book must be accurately and signed by all officers.
 Shall take necessary actions to prevent any further damage. Deviate from the passage if required.
 Master shall be able to demonstrate that necessary precautions has been taken prior encountering bad
weather using records maintained on board.
Upon arrival,
 Note of protest must be issued as soon as possible but, in any case, within 24 hr and reserving the right “to
extend at a time and place convenient”
 Class surveyor will be arranged to inspect the vessel if there is any hull or machinery damage and stipulates
repairs if required any for maintaining the class.
 If there is any cargo damage in this scenario, if a cargo discharge is required prior to any repairs to the hull, a
cargo surveyor suggested by the P&I correspondent must have an unbiased survey.
Following documents must be submitted to the H&M insurance.
- deck and engine room log books
- master’s and/or chief engineer’s detailed report
- relevant letters of protest;
- protests and extended protests;
- underwriter’s surveyor’s report;
- class surveyor’s report;
- owners’ superintendent’s report;
- receipted accounts for repairs etc.
 Once the validity of the claim has been checked and payment agreed, the H&M will pay the ship owners.

14. What is note of protest? Under what circumstances would it be advisable to ‘note protest’ and why?
Explain the procedure for ‘noting protest’
Note of Protest
 It is a solemn declaration made on oath by a ship’s master before a person legally empowered to hear such
declaration.

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  It is a declaration stating that circumstances beyond his control have, or may have, caused loss of and or
damage to his ship and or its cargo or have caused him to take action which may render the owner liable to
another person.
 It is a simple statement of fact without added details.
 An “extended protest” is a protest to which supplementary information has been added at a later date.
 Note of protest must be made before a notary public.
 A notary public is a public official who is primarily concerned with the preparation and authentication of
documents for use abroad and is empowered under his country’s law to administer oaths, certify documents
and take depositions for use in legal actions.

Circumstances:

 Noting protest may help to resist cargo loss or damage claims against the shipowner.
 It may be prudent to note protest in the following situations:
 after every case of general average;
 after wind and/or sea conditions have been encountered which may have damaged cargo;
 after wind and/or sea conditions have been encountered which caused failure to make a cancelling
date;
 after cargo is shipped in a condition likely to deteriorate during the forthcoming voyage;
 after the ship has sustained material damage;
 after the ship has caused material damage;
 after a serious breach of the charter party by the charterer or his agent (e.g. undue delay, refusal to
load, cargo not of a sort allowed by the charter party, refusal to pay demurrage, refusal to accept
bills of lading after signing because of clausing by master, sending vessel to an unsafe port, etc.)
 after the consignee fails to discharge or take delivery of the cargo or fails to pay freight.

Procedure for noting protest:

 The local P&I club representative should be able to advise the master on the need for noting protest.
 Protest should be noted as soon as possible after arrival and always within 24 hours of arrival.
 If in connection with cargo, it should be noted before breaking bulk.
 If cargo for more than one discharge port is involved, the P&I club correspondent should be asked whether it
will be necessary to note protest at each port in the rotation.
 Master must request agent for the necessary arrangements for notary public or in some countries
appropriate person may be a magistrate.
 The master must be accompanied by one or more witness from the crew who have knowledge of the
relevant facts to the notary’s office.
 He must take the Official Log Book, the deck log and any other relevant information pertaining to the matter
being protested about.
 Copies of log entries or other relevant records will be attached to the protest.
 The master will normally have to show proof of his identity to the notary.
 The notary will hear the master’s declaration and will make a written record in a Register of Protests.
 At least three certified copies of the protest should be obtained from the notary: two for the owner and one
for the ship’s file.
 A fee will be payable for noting the protest and for each requested copy.

15. What is extended note of protest and how it is lodged? Explain meaning of reserving the right to extend a
protest.
Extended Note of Protest
 An “extended protest” is a protest to which supplementary information has been added at a later date
 It is often impossible to know the full extent of loss or damage at the time of noting protest.
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  An extended protest is made when relevant facts are known later.
 For e.g. a surveyor’s report has been received after noting the protest.
 Thus, it is necessary at the time of making the original protest to “reserve the right to extend the protest at
a time and place convenient”
 An extended protest document will usually be required by an average adjuster preparing a General Average
Statement.

Procedure for extending protest

 Extension need not be made in the same place as the original protest was made.
 It must be made in strict conformity with local law regarding time limits and content.
 The extension expands the bare facts of the original protest, and again, any relevant documents (e.g. log
books and reports) should be taken to the notary’s office.
 The extension is entered, witnessed, signed and sealed in the same manner as the initial protest

16. What is letter of protest? Under what circumstances would it be advisable to issue LOP and why?

 A letter of protest, which may also be simply called a “protest”, is a written communication
 When two parties have agreed for a matter, and one party is not keeping to his responsibilities, then a letter
of protest is issued by other party to convey and record dissatisfaction and holding the recipient responsible
for any (legal or financial) consequences of the matter being complained of.
 A letter of protest may help to substantiate a claim by the owner, or refute a claim by a charterer.
 Letters of protest may be sent, in appropriate circumstances, by the master of any ship, large or small, in any
trade, and can be expected to be received by the master of any ship.
 They are especially common (in both directions) in the tanker trades, where a variety of reasons give
occasion for their sending.
 Letters of protest are in most cases in connection with cargo operations, although they may be written
about almost any matter where there may be legal liability.
 The original letter and one copy, for return, should be sent or given to the recipient, who should be asked to
sign for receipt of the letter.
 The signed, returned copy of the protest letter should be placed in the ship’s file, and copies of this should
be sent to the company and the port agent

When to send a letter of protest

 A letter of protest should be sent to the person in charge of the relevant operations (e.g. terminal
supervisor, stevedore, harbour master, etc.) in any of the following circumstances:
 when there is a discrepancy between ship’s and shore cargo figures;
 when the rate of loading or discharging is too slow or too fast;
 when berth or fendering arrangements are inadequate;
 when longshoremen/dockers are misusing ships’ equipment and ignoring duty officers’ advice;
 when passing vessels cause ranging, wash damage, etc. whilst loading/discharging;
 in any other situation where the master wishes to formally record his dissatisfaction with
arrangements over which the other party has some control.
 Circumstances may arise when it is appropriate to send a letter of protest to the master of another vessel,
e.g.:
 when there is a discrepancy as to the quantity of cargo received from a vessel being lightened;
 when there is a discrepancy as to the quantity of bunkers received from a bunker vessel, etc.;
 when another vessel is causing, or likely to cause, damage to own ship (e.g. by mooring/berthing too
close).

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17. Distinguish between Note of protest and letter of protest.
S. No NOTE OF PROTEST LETTER OF PROTEST
1 Issued when circumstances beyond master’s Issued to protest, communicate that other has deviated
control have, or may have, caused loss of and or from his responsibilities and holding him liable for any
damage to his ship and or its cargo or have legal, financial consequences.
caused him to take action which may render the
owner liable to another person.
2 Made in front of notary public or magistrate Notary public or magistrate is not required.
3 NOP is made by the master LOP can be issued by the master and other party may
also issue LOP to the master.
4 At least three certified copies of the protest The original letter and one copy, for return, should be
should be obtained from the notary: two for the sent or given to the recipient, who should be asked to
owner and one for the ship’s file. sign for receipt of the letter.
5  E.g. after every case of general average;  e.g. when there is a discrepancy between ship’s and
 after wind and/or sea conditions have been shore cargo figures;
encountered which may have damaged  when the rate of loading or discharging is too slow
cargo; or too fast;
 after cargo is shipped in a condition likely to  when berth or fendering arrangements are
deteriorate during the forthcoming voyage; inadequate;
 after the ship has sustained material
damage;
 after the ship has caused material damage

18. Discuss what action you would take from insurance point of view if
a) after commencement of discharge cargo damage is noticed,
b) vessel has suffered hull damage, due to bad weather.
a) after commencement of discharge cargo damage is noticed:
 P&I has a cover for cargo claim with limitation and exceptions.
 Master must be aware the such terms and conditions by carefully reviewing the certificate of entry.
 Once cargo damage is noticed, Master must inform all the concerned parties especially P&I correspondent at
the port of discharge.
 The P&I clubs stress the importance of keeping records in order to help defeat cargo claims.
 Claimants usually allege that any cargo damage noted has occurred during the loaded voyage, whereas in
fact it is more likely to have occurred ashore
 Documentary evidence required by P&I club claims handlers includes:
 bilge, ballast and bunker sounding and pumping records;
 cargo ventilation, humidity and temperature records;
 records of unusual weather conditions, routeing details, warnings and weather reports;
 records of hatch, access, hold and watertight door checks;
 records of fire and safety equipment checks, including log entries of and records of training and safety
exercises;
 records of cargo securing and lashing rounds and checks;
 records of cargo temperatures (heating or cooling) where appropriate;
 records of inert gas and venting operations;
 records of reefer defrosting and temperature control;
 records of temperatures in fuel oil tanks below sensitive cargoes.
 Master must anticipate such event and must maintain records of above mentioned in order to safe guard
owners’ interest.
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  He shall also issue a letter of protest if the damage is not caused by carrier.
 The P&I correspondent appoints surveyor to inspect the damages and gets a report from him.
 When the claim is made against the carrier, the P&I club reviews the claim and pays if the damage has
happed due to carrier’s fault if such cause is insured.
b) vessel has suffered hull damage, due to bad weather:

 Following any case of hull or machinery damage, the shipowner/manager’s insurance department will
normally immediately inform, via the broker, the lead hull and machinery insurer.
 Thus, master must immediately inform the ship owner about the damage.
 Underwriters or their agent will instruct a surveyor to ascertain the nature, cause and extent of damage.
 Also; if the vessel has cargo and it is suspected to get damaged, master must issue a note of protest before
opening the hatches and within 24 hr of arrival.
 Master must have the following documents to be submitted to the H&M surveyor:-
 deck and engine room log books covering the casualty and the repair period;
 master’s and/or chief engineer’s detailed report (as appropriate);
 relevant letters of protest;
 protests and extended protests;
 underwriter’s surveyor’s report;
 class surveyor’s report;
 owners’ superintendent’s report;
 receipted accounts for repairs and/or any spare parts supplied by owners, in connection with repairs,
endorsed by underwriters’ surveyor as being fair and reasonable;
 accounts for all incidental disbursements at the port of repair, e.g. for port charges, watchmen,
communications expenses, agency fees, etc.;
 details of fuel and engine room stores consumed during the repair period (i.e. from the time of deviation to
the port of refuge), together with the cost of replacement;
 accounts for owners’ repairs effected concurrently with damage repairs;
 any accounts rendered by surveyors, etc., with dates of payment where made
 These documents are required to accompany a claim lodged by owners against underwriters.
 If an adjustment is prepared, the average adjuster will extract the required information from the documents
and incorporate it in the adjustment,

19. What is Maritime Lien?

 Maritime lien means a right to a part of the property in question or a privileged claim upon a ship, aircraft or
other maritime property in respect of services rendered to or injury caused by that property.
 Maritime lien once attached remains attached to the property travelling with it through changes of
ownership.
 Example of maritime lient are
- claims in salvage whereby the contractor has a maritime lien over the property, salved until the claims are
paid
- Wages of master and crews if not paid whereby they have a maritime lien over the ship.
Possessory Lien:
 This is defined as a right of one man to retain that which is in his possession belonging to another until
certain demands to him are satisfied. Examples are: -
- The ship owner has a possessory lien over the cargo on board under general average until the
contribution by cargo interest have been paid.
 The holder of a maritime lien has a higher priority then any other liens

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 THE MERCHANT SHIPPING ACT, 1958

20. Give a brief overview of contents of MSA 1958

MS Act 1958, has 18 parts which contains 461 sections.
Part – I : Section 1 to 3:
Deals with application of the act and general definition
Part – II: Section 4 to 6:
Provides the set-up and powers of national shipping board
Part – III: Section 7- to 13
Deals with general administration related to DG shipping, MMD, surveyors, seafarer employment and welfare
offices.
Part-IV: Section 14- to 19
Deals with formation of shipping development fund and establishment of shipping development fund committee.
Part-V: Section 20 to 74
Deals with regulations for Indian ships and their registry. Also provides regulations regarding certificate of registry.
Part-VI: Section 75 to 87D
Provisions relating to certificates of officers, engineers, masters, mates. Provides requirements of manning scale.
Part-VII: Section 88 to 218
Deals with seamen and apprentices. Provides classification of seamen, their engagements, discharge, wages and
their rights and dispute.
Part-VIII: Section 219 to 282
Deals with passenger ships, their survey, certification, powers of surveyor, fee, duration etc.
Part-IX: Section 283 to 344
Deals with construction rules for ships, prevention of collision, LSA, FFA, radio installation, direction finders,
signalling lamp, stability information and other criterion related to safety certificates.
Part-X: Section 345 to 352ZA
Deals with collision, accident at sea and liability which includes provision for division of loss in case these incidents
including personal injury.
Provides limitation of liability of owners in case of certain damages. Also deals with civil liability for pollution
damage.
Part-XI: Section 353 to 356Y
Provision for regular method of giving helm order, duty of master to report danger to navigation, manner of
communication, obligation to render assistance to person in danger etc.
Also deals with prevention and containment of pollution of sea by oil. Provides power to central government to take
measures to prevent or contain oil pollution.
Part-XII: Section 357 to 389
Provides provision for investigation and inquiries in shipping casualties. Provides powers to court for holding formal
investigation, arrest, or enter the ships, to commit trial etc.
Provides power to central government to cancel or suspend certificate of master, mate or engineer.
Part-XIII: Section 390 to 404

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Provides matters relating to wreck and salvage. India has ratified 1989 Salvage convention and its provisions are
inserted in this section.
Part-XIV: Section 405 to 414
Provides power to central government for control of Indian ships and ships engaged in coasting trade.
Part-XV: Section 415 to 435X
Contains the provisions for sailing vessels, fishing boats, their registry, name, inspection, certification etc.
Part-XVI: Section 436 to 448
Gives the provisions for penalties for violation of the provision of the act and procedure thereof.
Part-XVII: Section 449 to 460
Contains miscellaneous provisions for appointing examiners, powers of ship surveyor, inquiry into case of death on
board the ships etc.
Part-XVIII: Section 461
Deals with repeals and savings.

21. With reference to Merchant Shipping Act, explain the provisions regarding unsafe ships and their
detention.
Unsafe Ships:
 Section 86A – Any foreign vessel prior proceeding to sea is not provided with requisite number of officers
and engineers of appropriate grades as specified by the Convention, then the ship is deemed to be an unsafe
ship.
 Section 308: When a valid safety convention certificate is not present, the ship is deemed to be an unsafe
ship.
 Section 312: Where a vessel is not surveyed and her load line and other marks are not done as per the load
line convention, the vessel is deemed to be unsafe.
 Section 325: A ship when not complying with condition of assignment, then the vessel is deemed to be
unsafe.
 Section 331: When the requirements for carriage of dangerous goods are met, the vessel is deemed to be
unsafe.
 Section 332: When the requirements are not met for loading grain leading to improper loading, the vessel is
deemed to be unsafe.
Detention of unsafe ships:
 Section 336: The central government has the power to detain a vessel if the it is found to be unsafe due to
the defective condition of her hull, equipment or machinery, or by reason of overloading or improper
loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the
service for which she is intended.
 The procedure being followed are:
 When the central government has reason to believer on complaint or otherwise that any ship is
unsafe, it may order the ship to be provisionally detained for the purpose of being surveyed.
 A written statement of the grounds of such detention shall be served on the master.
 After provisionally detaining the ship, the central government either refer the matter to the court of
survey for the port where the ship is detained or appoint a competent person to survey the ship.
 Upon receiving the report, the government may order the ship to be released or if in its opinion the
ship is unsafe, may order her to be finally detained.
 The detention can be absolute or until the performance of repairs or alterations or unloading or
reloading of cargo as the central governments thinks necessary for the protection of human life.
 Before order for final detention is made, a copy of report shall be served up on the master of the
ship and within seven days after such service the owner or master may appeal against such report.

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  Before the surveyor inspects the vessel after provisionally detaining the vessel, the owner/master
may require to appoint an assessor from the list of assessors provided by the court of survey.
 If both assessor and surveyor agree that the ship should be detained, then the master/owner will
not have the right to appeal against detention.
 If both disagrees, then the master shall appeal against detention.
 If both surveyor and assessor agree that the ship is not unsafe, then central government shall
release the vessel.

22. What are the requirements for the official Log Book in Indian vessel?
 Section 212: An official log shall be kept in the prescribed form in every Indian ship except a home trade ship
of less than two hundred tons gross.
 Section 213: Entry required in the official log book as per MS Act shall be made as soon as possible after the
occurrence.
 If the entry is not made on the same day, the entry shall be made and dated so as to show the date of
occurrence. The entry shall not be made more than 24 hr after arriving at the port.
 Every entry shall be signed by master and by the mate or crew.
 If it is an entry of injury or death, in addition to above, medical officer on board shall also sign.
 Every entry made in an official log book in the manner prescribed in MS Act shall be admissible as evidence.
 Section 216: The official log book shall be submitted within 48hrs after ship’s arrival at her final port of
destination in India.
 Section 217: When the ship ceases to be an Indian ship, the official log book shall be submitted within one
month, if the vessel is in India and within 6 months if vessel is in outside India.
 If the ship is lost or abandoned, the official log book shall be submitted by the master or owner to the
shipping master at her port of registry as soon as possible. It must be duly completed up to the time of loss
or abandonment.

23. Entries required to be made in the Official Log Book

Section 214: Entries required to be made in official log books are
 every conviction by a legal tribunal of a member of his crew and the punishment inflicted.
 every offence committed by a member of his crew
 every offence for which punishment is inflicted on board
 a report on the quality of work of each member of his crew, or
 a statement that the master declines to give an opinion with his reasons for so declining
 every case of illness, hurt or injury happening to a member of the crew with the nature and the medical
treatment adopted.
 every case of death happening on board and the cause thereof, together with such particulars.
 every birth happening on board, with the sex of the infant, the names of the parents and such other
particulars as may be prescribed
 every marriage taking place on board with the names and ages of the parties.
 the name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death,
with the place, time, manner and cause thereof
 the wages due to any seaman or apprentice who dies during the voyage and the gross amount of all
deductions to be made therefrom
 the money or other property taken over of any seaman or apprentice who dies during the voyage
 If a seaman has left behind, the master shall enter a statement of wages due to the seaman and all property
left on board by him.
 When the master of the ship disrates a seaman, she shall enter the cause in the official log book.
 Statement of inspection on provision and fresh water must be entered.
 Section 196: Entry regarding any offences such as desertion or absence without leave or disciplinary action
must be recorded.

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  Section 349: Collision to be entered in official log book as soon as practicable with a statement of
circumstances under which collision took place and signed by master and mate or one of the crew.

24. Discuss the statutory obligations of the ship as per MS Act 1958 for the following:
(i) To render assistance to a vessel in distress.
(ii) In the event of collision with another vessel in high seas.
Section 355: Obligation to render assistance on receiving signal of distress

 The master of an Indian ship on receiving a signal of distress or information from any source that a vessel or
aircraft is in distress, shall proceed with all speed to the assistance of the person in distress. If possible,
informing them that he is doing so.
 This obligation shall be complied unless he is unable to assist due to special circumstances of the case which
renders it unreasonable or unnecessary.
 The master shall be released from the obligation to render assistance as soon as he receives information that
one or more ships other than his own is rendering assistance.
 The master shall be released from the obligation to render assistance if the person in distress or the master
of another ship which has reached the distress persons state that the assistance is no longer required.
 If the master considers it is unreasonable or unnecessary to go to the assistance of the persons in distress, je
shall make appropriate statement in the official log book.
 The master of the Indian ship shall enter every distress signals he receives at sea in the official log book.
Section 355A: Obligation to render assistance to persons in danger
 The master of an Indian ship shall assist every person found at sea in danger of being lost unless the action
will not cause danger to own ship or the person on board.
 If unable to assist or considers it is unreasonable or unnecessary to assist, a statement shall be mentioned in
the official log book.
In the event of collision with another vessel in high seas:
 Section 348: In every case of collision between two ships, it shall be the duty of the master of the ship or
person in charge of the ship to render assistance to the other ship, her master, crew and passengers if any.
 The master shall render assistance to the extent necessary to save them from any danger caused by collision
and stay by the other ship until he has ascertained that she has no need of further assistance.
 The master shall give the other ship with the name of his own ship and of the port of registry, departure port
and arrival port.
 Section 349: Collision to be entered in official log book as soon as practicable with a statement of
circumstances under which collision took place and signed by master and mate or one of the crew.
 Section 350: The master or owner of the ship shall report to the central government or nearest principal
regarding the incident within 24 hr from the incident.

25. Enumerate the key provisions of Merchant Shipping Act 1958 on Limitations of Liability for Maritime
Claims.
Part XA, Limitation of Liability, MS Act 1958
Section 352A: Following are the claims for which limitation of liability for damages are applicable:
 Claims arising from loss of life of or personal injury to, or loss of or damage to, property
 Claims arising out of loss resulting from delay in the carriage by sea of cargo and passengers or their
luggage
 Other claims arising out of loss resulting from infringement of rights relation with operation of the
ship or salvage operations.
 Claims of a person in respect of measures taken in order to minimise loss
 claims for the loss of life or personal injury to passengers of a ship brought by or on behalf of any
person

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Section 352A (3): Limitation of liability is not applicable for following claims:
 claims for salvage or contribution in general average
 claims for oil pollution damage within the meaning of the International Convention on Civil Liability
for Oil Pollution Damage, 1992
 claims by servants of the ship owner or salvor whose duties are connected with the ship or salvage
operations,
 claims subject to any International Convention or any law for the time being in force in India
governing or prohibiting limitation of liability for nuclear damage
 claims against the ship owner of a nuclear ship for nuclear damage.
Section 352C:
 A limitation fund is set up by the ship owner or other person liable for the claims in the high court.
 High court decides the amount of liability and require him to deposit or produce a bank guarantee
satisfactory to high court.
 After the fund has been set up, the claimants are not entitled to claim against any other assets of the
ship owner or person.
 The high court distributes the fund rateably amongst the several claimants.
 If the ship owner or person who is liable has already paid some of the claims, then he would be
compensated for the particular amount from the fund.
Section 352D:
 The high court shall release the vessel or other property detained in relation with a claim subject to
liability, if the ship owner or person has submitted deposit or bank guarantee acceptable to the high
court.
 The amount deposited or guarantee provided shall be such that it corresponds to the claim value
and not less than that limit.
 The guarantee must be given in a port relation to the claim and the port must be a convention
country.
Section 352E:
 The provisions of this part are applicable when a ship owner or person seeks to limit his liability
before the court. Or
 When he approaches the court to release his ship or property.
These provisions are not applicable if –
 If the ship owner or person does not have his habitual residence in India or
 Does not have his principal place of business in India or
 The ship in relation to the claim does not fly the flag of country who is not a party to the LLMC.
Unless central government specifies following ships are excluded from these provision.
 Ships intended for navigation on or around coast of India and registered as coastal vessels
 ships less than three hundred tons, air-cushion vehicles and floating platforms.

26. With respect to Merchant Shipping Act as amended, write a short note on Unseaworthy ship,
Unseaworthy Ship:

Section 334: Unseaworthy ship not to be sent to sea.

 A person who sends or attempts to send an Indian ship to sea from any port in India in an unseaworthy state
he would be found guilty of an offence.
 Every Master who knowingly takes an unseaworthy ship to sea thereby endangering life of any person,
would be found guilty of an offence.
 No prosecution under this section shall be instituted except by, or with the consent of, the Central
Government
 A ship is unseaworthy when the following does not render her in every respect fit for the proposed voyage:
- The materials of which the ship is made, her construction,
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 - Qualification of the master,
- Number, description and qualification of the crew including officers,
- The weight, description and stowage of the cargo and ballast,
- The condition of her hull and equipment, boilers and machinery

Section 335: Obligation of owner to crew with respect to seaworthiness:

 It is implied in the contract between a seafarer and the owner that the ship owner and master will use all
reasonable means to ensure the seaworthiness of the ship when the voyage commences and to keep her
seaworthy during the voyage.
 In order to see the compliance with the provisions, the central government may arrange for a survey of hull,
equipment or machinery of any sea going ship by a surveyor.

27. As per MSA 1958, write down entries to be made by Registrar in Ship’s Register book with him.
Section 31: Entry of particulars in register book

 the name of the ship and the name of the port to which she belongs
 the ship identification number
 the details contained in the surveyor’s certificate
 the particulars respecting her origin stated in the declaration of ownership
 the name and description of her registered owner or owners, and, if there are more owners than one, the
number of shares owned by each of them.

Section 39: If the ship is actually lost or constructively lost or ceased to be Indian flag vessel, the owner must report
this to the registrar at the port of registry. He would make an entry in the register book and its registry shall be
considered closed.

Section 43: When the ownership of the Indian ship or a share of the ship is transferred, the registrar must be
informed and he would enter the name of the transferee and endorse in the register book.

Section 44: When the ownership of the Indian ship or a share of the ship is transferred due to death of the
registered owner, the new owner shall authenticate the transmission by signing a declaration and sending it to the
registrar. The registrar on receipt of the transmission, enters the new owner’s information and endorses it in the
register book.

Section 47 & 48: The ship may be made a security for a loan which is known as mortgage. If there is mortgage, the
registrar will make an entry of the details of the mortgage.

If the loan is paid i.e. mortgage is discharges, same shall be entered by the registrar.

Section 53: When the registered mortgage is transferred, the registrar will make an appropriate entry in the register
book.

Section 56: When a registered ship is altered with respect to tonnage or description mentioned in the certificate
registry, same shall be reported to the registrar and entry is made in the register book.

Section 57: The information of the alteration, granting of new certificate of registry and the endorsement shall be
made in the register book.

Section 61: On receipt of necessary information regarding the transfer of registry to another port of registry within
India, the registrar will make the entry in the register book.

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28. State the provision of Merchant Shipping Act, 1958 relating to:
a) Custody and use of Certificate of Registry (section 35)
b) Delivery of Certificate of Registry of ship lost (section 39)
c) Agreement with crew on Indian ship section (section 100)
Section 35: Custody and use of certificate

 The certificate of registry shall be used only for the lawful navigation of the ship.
 It shall not be subject to any detention for mortgage or interest or title.
 If any person other the owner holding the certificate of registry, he must deliver the certificate to the person
entitled or to the registrar, customs collector when demanded.
 Any person refusing to deliver the certificate above shall be summoned by judicial magistrate.
 If he still persists not to deliver the certificate, the magistrate shall certify the fact and then consider the
certificate as lost or destroyed.
 If a certificate of registry not legally granted is used for navigation by master of an Indian ship, then he shall
be guilty of an offence.

Section 39: Delivery of certificate of ship lost or ceasing to be an Indian ship

 If the ship is actually lost or constructively lost or ceased to be Indian flag vessel, the owner must report this
to the registrar at the port of registry. He would make an entry in the register book and its registry shall be
considered closed
 In any of the above case, if the certificate of registry is not mislaid, lost or destroyed, then master must
submit the certificate to the registrar within 10 days of the event if it occurs in India.
 If the master arrives at any other port outside India, then the certificate of registry shall be handed over to
the Indian consular officer. Then it is forwarded to the registrar of port of registry where the ship was
registered.

Section 100: Agreements with crew

 Every master of Indian ship, except a home trade ship of less than 200GT shall enter into an agreement in
accordance with this Ms Act with every seaman whom he engages in, and carries to sea as one of his crew
from any port in India.

Section 101: Form and contents of the agreement

 An agreement with the crew shall be in the prescribed form and signed by owner/agent/master before any
seaman signs the same.
 Following particulars must be contained in the agreement:
- Name of the ship
- Duration of engagement
- The time at which seaman is to be on board or to begin work.
- Capacity of the seaman
- Amount of wages
- Scale of provision which are to be furnished to each seaman
- Scale of warm clothing and additional provisions to be issued to each seaman
- Regulation related to conduct on board, fines or other lawful punishment.
- Payment of compensation for personal injury or death.
- Repatriation port / place
- Any other particulars.

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29. List the statutory and mandatory certificates and documents carried on board an Indian registered gas
carrier in conformance with IMO Conventions and Codes.
-  Certificate of Registry
-  Cargo Ship Safety Certificate (Safety equipment / Construction / Radio)
-  International Tonnage Certificate
-  International Load Line Certificate (Load line Exemption Certificate)
-  Intact stability booklet; Damage control booklets
-  Minimum safe manning document
-  Certificates for masters, officers or ratings;
-  International Oil Pollution Prevention Certificate
-  Oil Record Book-I, Oil Record Book-II, Cargo Record Book
- Shipboard Oil Pollution Emergency Plan; (and/or SMPEP)
- International Sewage Pollution Prevention Certificate
- Garbage Management Plan and Garbage Record Book
- International Air Pollution Prevention Certificate
- International Energy Efficiency Certificate
- International Anti-Fouling System Certificate
- Document of Compliance and Safety Management Certificate (ISM Code).
- International Ship Security Certificate
- Ballast Water management Plan and Ballast Water Record Book
- CLC-Bunker, CLC-Oil, Wreck Removal Certificate
- International Certificate of Fitness for Carriage of Liquefied Gases in Bulk

30. State the provision of Merchant Shipping Act 1958 concerning Article of agreement for seamen.

Section 100: Agreements with crew

 Every master of Indian ship, except a home trade ship of less than 200GT shall enter into an agreement in
accordance with this Ms Act with every seaman whom he engages in, and carries to sea as one of his crew
from any port in India.

Section 101: Form and contents of the agreement

 An agreement with the crew shall be in the prescribed form and signed by owner/agent/master before any
seaman signs the same.
 Following particulars must be contained in the agreement:
- Name of the ship
- Duration of engagement
- The time at which seaman is to be on board or to begin work.
- Capacity of the seaman
- Amount of wages
- Scale of provision which are to be furnished to each seaman
- Scale of warm clothing and additional provisions to be issued to each seaman
- Regulation related to conduct on board, fines or other lawful punishment.
- Payment of compensation for personal injury or death.
- Repatriation port / place
- Any other particulars.
 The agreement shall state that, in case of any dispute arising outside India, the dispute shall be referred to
Indian consular officer and his decision shall be binding on the parties until the vessel returns to the port in
India.

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Section 103: Special provisions with regard to agreements with crew of Indian ships

 The agreement shall be signed by the seaman in the present of a shipping master.
 The shipping master shall read over the agreement and explain in the language understood by seaman.
 When the crew is first engaged, the agreement shall be signed in duplicate and one copy shall be retained by
the shipping master, other part to the master.
 When an agreement is made in India with a crew of foreign going Indian ship, the agreement may be made
for a voyage average less than six months in duration and may extend over two or more voyages.
 In case of an agreement with a crew of home trade Indian ship of 200GT or more, then agreement shall not
be for period six months.

31. What are the provisions in Merchant Shipping Act, 1958 regarding obtaining a certificate of Registry of an
Indian ship and replacement of a lost certificate?
Procedure for obtaining a certificate of registry of an Indian ship:
 Section 26: An application for registry of an Indian ship shall be made by the owner of the ship.
 Section 27: The owner shall arrange for the ship to be surveyed and tonnage is ascertained. The surveyor will
grant a certificate specifying tonnage, identity of the ship and other particulars and this certificate shall be
delivered to registrar.
 Section 28: Markings of the ship must be carried out prior registry.
 Section 29: A declaration of ownership by the owner or owners must be signed and submitted to the
registrar.
 Section 30: The builder’s certificate must be obtained and submitted to the registrar.
 Section 31: As soon as the above procedures are completed, the registrar of the port of registry will make an
entry in the register book with name of the ship, detailed mentioned in the surveyor’s certificate, ownership
information from owner’s declaration.
 Section 34: On completion of registry of an Indian ship, the registrar shall grant a certificate of registry with
the name of her master.

Procedure for obtaining a replacement of lost certificate of registry of an Indian ship:

Section 36: Power to grant new certificate when original certificate is defaced, lost, etc.

 If the certificate of registry is badly damaged or got torn, the registrar at the port of register shall grant a
new certificate of registry upon submitting the damaged certificate to him.
 If the certificate of registry is lost or got destroyed, master shall make a declaration stating facts on how it
got lost or destroyed, with the names and description of owners to the registrar. Then registrar grants a new
certificate of registry.
 If the vessel is in any port outside India, then master shall submit the declaration to the Indian consular
office. The consular issues a provisional certificate of registry.
 After the vessel arrives to any Indian ports, within 10 days from arrival, the provisional certificate shall be
submitted to the registrar. Then registrar grants a new certificate of registry.
 If the lost certificate is found later after issuing the new certificate of registry, the old certificate of registry
shall be delivered to the registrar to get it cancelled.

32. Which ships are required to be registered in India?

Section 21: Indian Ships
A ship shall not be deemed to be an Indian ship unless owned wholly by persons
- a citizen of India or

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 - a company or a body established by or under any Central or State Act which has its principal place of
business in India
- a co-operative society which is registered or deemed to be registered under the Co-operative Societies
Act.
Section 22: Obligation to register:
- Every Indian ship, unless it is a ship which does not exceed fifteen tons net and is employed solely in
navigation on the coasts of India, shall be registered under this Act.
- A ship required by this Act to be registered may be detained until the master of the ship, if so required,
produces a certificate of registry in respect of the ship

33. What are the provisions of MSA 1958 as amended with respect to Accommodation, Health & Provisions?
Provision:
 Section 168: All Indian ships and all ships which engaged seamen, shall have sufficient provision and water of
good quality as specified in the agreement with the crew.
 The master shall not use provision and water of bad quality. If it is of bad quality, it must be immediately
replaced or master shall procure the requisite quantity to cover the deficiency.
 If provision or water found of bad quality or insufficient quantity, then surveyor or port health officer or
Indian consular officer shall detain the vessel.
 The person making the inspection shall make an entry in the official log book with the statement of the
result of the inspection.
 The standards of quality of food and drinking water and catering must be maintained in accordance with
MLC.
 Section 169: The seaman shall receive a compensation in case during the voyage, the provision is reduced
less than stipulated in his agreement.
 He shall also receive compensation in case of the food is of bad quality and according to the duration during
which bad quality food was supplied, the sum shall be paid to him as wages.
 Section 170: Every foreign going Indian ship shall carry cook with certificate of competency.
 Section 171: Master shall have necessary weights and measures for determining the quantities of the
provisions and shall allow the same quantity to be served.

Health:

 Section 172: The owner of 500GT and above shall supply every seaman bedding, towels, mess utensils and
other articles.
 All foreign going Indian ships and all home trade ships of 200GT or more shall have sufficient supply of
medicines, medical stores, appliances and first aid equipment sufficient for diseases and accidents likely to
occur.
 Port health officer shall inspect the vessel for her medicines, medical store and appliances.
 Section 173: Every foreign going ship carrying more than the prescribed number of persons including crew
shall carry medical officer in accordance with MLC.
 Section 174: The ship owner shall the expenses in the following cases without deducting in the wages of the
seamen or Master:
- In case of any hurt, injury, suffers any illness resulting in being discharged or left behind at a place, all the
expenses including surgical, medicines, his repatriate or travel expenses back to ship.
- In case of death, expenses for his burial or cremation apart from agreed compensation shall be paid.
- The expenses of all medicines, surgical, medical advice, attendance and treatment if doctor comes
onboard shall be born by the ship owner.
- Such expenses will not be paid if a seaman get hurt, injured or illness due to his own wilful act or
misbehaviour.

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Section 175: Accommodation for Seaman:

 The central government may make rules with respect to the crew accommodation to be provided in ships of
any class. Such rules provide for following matters:
- Minimum space for each person to be provided.
- The position of the ship in which crew accommodation must be located and standards observed in
construction, equipment and furnishings.
- Plans and specifications such work or alterations intended must be submitted to the authorisation of the
authority.
- The rules are state the maintenance and repair of any accommodation and restriction to use if any.
 When surveyor or officer appointed by central government upon inspection finds that crew accommodation
or sanitary is not in accordance with the provisions of this act, shall detain the vessel until such defects are
remedied to his satisfaction.
 Section 177: The accommodation spaces, provisions, and water must be regularly inspected by Master once
at least every 10 days. The statement of the result of the inspection must be made in a dedicated book for
this purpose.

34. As per M.S. Act, enumerate the various offences against ‘On Board Discipline’. Describe the procedure for
‘Entry of offences in the Official Log Book’
Section 194: General offences against discipline
A seaman lawfully engaged shall be of guilty of an offence against discipline if he commits any of the following acts:
 If he quits the ship without leave
 if he is guilty of wilful disobedience to any lawful command or neglect of duty
 if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty
 if he assaults the master or any other officer or seaman belonging to the ship.
 if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the
navigation of the ship or retard the progress of the voyage.
 if he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or
wilfully damages any of, her stores or cargo
Section 196: Entry of offences in official logs
 an entry of the offence or act shall be made in the official log book and signed by the master, the mate and
one of the crew
 A copy of the entry shall be furnished to the offender if he still onboard, same read over distinctly and
audibly to him. The offender shall make such reply he thinks fit, the same shall be entered in the official log
book and signed.
 The above shall be carried out before arrival port if vessel at sea or before departure port if the vessel in
port.
 This entry shall be produced in any subsequent legal proceedings as proof.

35. State the provision of the Merchant Shipping Act, 1958 with respect to Deserters and distressed seamen
Provisions regarding Deserters:
 Section 191: No seaman lawfully engaged shall desert the ship or refuse without reasonable cause to join
the ship or to proceed to sea or be absent without leave at any time within 24 hrs of departure.
 If the seaman has complained to shipping master or surveyor or seamen’s welfare officer that the ship is
unseaworthy and he refuses to join the vessel, it shall be a reasonable cause.
 Section 192: If it is shown to the satisfaction of the proper office that the seaman has deserted, the proper
officer shall make a report and director general shall direct that his continuous certificate of discharge is
held.
 Section 193: The deserted seaman shall be conveyed on board by the master/mate/owner/agent and shall
use such force as reasonable in the circumstances of the case.
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  If the seaman deserts or AWOL in a place outside India, then master/mate/owner/agent shall first procure a
warrant and in compliance with laws in force at that place before arresting him.
 If a deserted or AWOL seaman is brought in front of court, the court may instead of sentencing him, may
convey him on board to continue his tenure.
 The expenses incurred by the owner/agent/master/mate shall be deducted from the seaman’s wages
 Section 196: The act of desertion or AWOL an entry shall be made in the official log book.
 Section 197: The master shall report the desertion within 48 hrs to shipping master or other officer as
determined by central government.
 Section 198: If the desertion is outside India, then the official log book entry be made and submitted to the
Indian consular officer. Then the consular officer certifies the copy of the entry.
 The master shall transmit such copy to the shipping master as soon as practicable.
Provision related to distressed seaman:
Section 161: Relief and maintenance of distressed seamen
 Upon application by distressed seaman, the Indian consular officer near the place of distress shall provide
for clothing, maintenance and arrange for his proper return port.
 Expenses stated above shall be paid by the ship owner to the central government and the owner shall not
deduct from the seaman’s settlement of wages.
Section 162: Mode of providing for return of seamen to proper return port:
 Seaman may be sent to a proper return port by sea or land or by air or partly by any one or more of these
modes.
 Provision shall be made to return of the seaman by Indian ship by employing him to make up its
complement. If this is not possible then if sending him by sea or partly by sea, he should be provided with
money for his passage, his maintenance during the voyage.
 If the master is required to provide for return of the distressed seaman under MS Act, then he shall deposit
money with the proper officer and the sum of money is decided by the proper officer whether its sufficient.
Section :163 Receiving distressed seamen on ships:
 The master of an Indian ship shall receive on board and afford passage and maintenance to all distressed
seamen on the direction of Indian consular officer.
 During the passage, the master shall provide accommodation equal to normal crew of ship in accordance
with the proper rank.
 He shall not be required to take such distressed person, if Indian consular officer is satisfied that
accommodation is not and cannot be made available.
Section 164: Provisions as to taking distressed seamen on ships.
 The Indian consular officer placing distressed seaman on board a ship, shall endorse on the agreement with
the crew of the ship with particulars of the seaman placed on board.
 The master of the ship is entitled to be paid in respect of subsistence and passage provided for every
distressed seaman.
 In order to get paid, master shall submit the certificate signed by the Indian consular officer specifying the
number and names of distressed man. Master shall also submit a declaration containing details of
subsistence provided and cost of maintenance of seaman if any.
Section 165: Evidence of distress:
 An officer of the central government shall certify with the names of the seaman distressed. This certificate
shall be conclusive evidence that such seaman is distressed.
Section 166: Indian Consular officer to decide return port:
 If any question arises as to what port a seaman is to be sent, considering the convenience of the seaman and
to the expense involved, the Indian consular officer shall decide on the return port and route.

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Section 167: Power to make rules with respect to distressed seamen:
 The central government may make rules with respect to relief, maintenance and return to a proper return
port of distressed seaman.

36. State the documents to be submitted to the Shipping Agent in Indian Ports for obtaining outward port
clearance.

i. Certificate of Registry
ii. Article of agreement (Section-106)
iii. Certificate of survey in case of passenger ships. (Section 220 (2))
iv. Certificate A and B in case of special trade passenger ships (Section 240 (2))
v. Bond Rs.10,000 in case of pilgrim ship.
Under section 307:
vi. A passenger ship safety certificate
vii. Cargo Ship Safety Construction Certificate
viii. Cargo Ship Safety Equipment Certificate
ix. Cargo Ship Safety Radio Certificate
x. International Load Line Certificate (Section 318)
xi. A nuclear passenger ship safety certificate (Section 344C)

xii. A nuclear cargo ship safety certificate (Section 344C)

xiii. In case of ship chartered by Indian citizen, a license for the voyage. Or license for coasting trade.
Other documents related to other conventions are:
xiv. Certificate of Insurance (CLC-Oil, Bunker, Wreck, P&I, H&M)
xv. Cargo declaration
xvi. Declaration of ship stores
xvii. De-Ratting Certificate

37. Explain Section 152 of MS Act , Master to take charge of effects of decreased seamen
 If a seaman or apprentice dies on board any ship, the voyage of which terminate in India, the master of the
ship shall report the death to the next of kin of the seaman or apprentice and to the shipping master at the
port.
 The master shall take charge of any money or effects belonging to the seaman or apprentice.
 The master shall there upon, enter in the official log book of the following particulars:
- a statement of the amount of money and a detailed description of the other effects;
- a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made
from the wages.
 The said money, balance of wages and other effects are the properties of the seaman.

38. Discuss the role of ports and coast guard in the capacity of coastal state authority to regulate maritime
traffic on the coast of India and protect Indian coast line pollution
Role of Ports:
Port Management:
 Ports are responsible for managing and administering port facilities, including harbours, berths, jetties, and
terminals.
 They establish rules and regulations for vessel entry, berthing, and departure, ensuring orderly maritime traffic
and efficient use of port infrastructure.
Traffic Management:
 Ports have traffic control systems in place to monitor vessel movements and manage maritime traffic.

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  They coordinate vessel arrivals, departures, and movements within the port limits, ensuring safety and
minimizing congestion.
Pilotage Services:
 Ports provide pilotage services, wherein trained pilots guide vessels through navigational challenges in port
waters, channels, and berthing areas.
 Pilots possess local knowledge and expertise, ensuring safe navigation for ships entering or leaving the port.
Port State Control:
 Ports carry out port state control inspections to verify that visiting vessels comply with international maritime
regulations, standards, and safety requirements.
Coast Guard:
 The Indian Coast Guard (ICG) serves as the maritime law enforcement agency responsible for safeguarding
India's coastal areas, enforcing maritime laws, and ensuring maritime security. The key roles of the coast
guard include:
Surveillance and Patrol:
 The Coast Guard conducts regular patrols and surveillance along the Indian coastline to monitor maritime
activities, detect and deter illegal activities, and prevent unauthorized entry into Indian waters.
 They have the authority to intercept and inspect vessels suspected of engaging in illegal activities, such as
smuggling or pollution.
Search and Rescue:
 The Coast Guard plays a crucial role in maritime search and rescue operations, responding to distress calls,
and coordinating rescue efforts in cases of shipwrecks, accidents, or emergencies at sea.
Pollution Response:
 The Coast Guard is responsible for combating maritime pollution incidents, including oil spills and other
hazardous substances.
 They have specialized capabilities and equipment to respond swiftly to such incidents, mitigate the pollution,
and minimize environmental damage.
Maritime Law Enforcement:
 The Coast Guard enforces various maritime laws, including those related to maritime boundaries, illegal
fishing, drug trafficking, and maritime security.
 They conduct patrols, inspections, and interdictions to maintain law and order at sea.
Maritime Safety:
 The Coast Guard promotes maritime safety by conducting safety inspections of vessels, verifying compliance
with safety standards, and enforcing regulations related to navigational aids, maritime communications, and
vessel equipment
The coordinated efforts of ports and the Coast Guard help ensure the regulation of maritime traffic, protection of
the Indian coastline, and mitigation of maritime pollution.

UNCLOS – 1962
39. Explain the scope and objectives of UNCLOS 1962 to which India is state party.
 The united nations convention on the law of the sea (UNCLOS), is the international agreement that resulted
from third conference on the law of the sea.
 The treaty provides legal control for the management of marine resources and prevention of pollution.
 The key objective of UNCLOS is to balance the rights of states to exploit the resources of the waters around
their coasts with the rights of shipping to use those waters.
 UNCLOS –
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  attempts to codify the international law of the sea.
 is a treaty document of 321 articles and 9 annexes, governing all aspects of ocean space, such as
delimitation, environmental control, marine scientific research, economic and commercial activities,
transfer of technology and the settlement of disputes relating to ocean matters.
 came into force internationally on 16 November 1994.
 The convention set the limit of various areas, measured from a carefully defined baseline as follows: -
 Internal waters
 Territorial water
 Straits used for international navigation
 Contiguous zone
 Exclusive economic zone
 Archipelagic waters
 Continental shelf
 High seas
 Islands
 The balance between the sovereignty of a coastal state and the right of innocent passage in the territorial
sea is dealt with in a number of articles of UNCLOS
 The convention establishes separate regimes for different areas of the sea.
 UNCLOS establishes that a coastal state has sovereignty over its territorial sea up to a limit not exceeding 12
nautical miles.
 UNCLOS does not regulate traffic in the internal wates of a coastal state since this is a matter within the
jurisdiction of the coastal state.
 It sets out extensive provisions for conducting marine research and marine environment protection which
are applicable both within and outside areas of national jurisdiction.
 UNCLOS establishes special rules for straits in territorial waters which are used for international navigation.

40. Describe the different sea areas as per UNCLOS? To what extent does the jurisdiction of a state extend to
these areas?
Internal Waters:
 Internal waters are waters on the landward side of the baseline from which the breadth of the territorial sea is
measured.
 Each coastal state has full sovereignty over its internal waters as like its land territory.
 There is no right of innocent passage through internal waters.
 Examples of internal waters include bays, ports, inlets, rivers and lakes that are connected to the sea.
 Coastal state is free to set laws, regulate and use any resources in the internal waters.
Territorial Sea:
 The territorial sea extends seaward up to 12 nautical miles from its baselines.
 The coastal states have sovereignty and jurisdiction over the territorial sea.
 These rights extend not only on the surface but also to the seabed, subsoil and even airspace.

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  The coastal state is free to set laws, regulate, and use any resource within this region.
 Vessels were given right of innocent passage through any territorial waters.
 If the territorial sea overlap with another state’s territorial sea, the border is taken as the median point between
states baselines unless the states in question agree otherwise.
Contiguous Zone:
 The contiguous zone extends seaward up to 24NM from its baselines.
 It is intermediary zone between the territorial sea and the high seas.
 The coastal state has the right to both prevent and punish infringement of fiscal, immigration, sanitary and
customs laws within its territory and territorial sea.
 Unlike the territorial sea, the contiguous zone only gives jurisdiction to a state on the oceans surface and floor.
It does not provide air and space rights.
 If there is an overlap in contiguous zone between states, there is no specific provision provided to settles such
conflict unlike territorial sea. The states must negotiate and settle the conflicts.
Exclusive Economic Zone
 Each coastal state may claim an EEZ beyond and adjacent to its territorial sea that extends seaward up to
200nm from its baselines.
 The coastal state has sovereign rights for the purpose of exploring, exploiting, conserving and managing
natural resources, whether living or non – living of the seabed and subsoil.
 The coastal state has rights to carry out activities like the production of energy from the water, currents and
wind.
 Unlike the territorial sea and the contiguous zone, the EEZ only allows for the above-mentioned resource
rights.
 It does not give a coastal state the right to prohibit or limit freedom of navigation or overflight, subject to very
limited exceptions.
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Continental Shelf:
 The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s
outer edge, or 200 nautical miles from the coastal state’s baseline whichever is greater.
 A state’s continental shelf may exceed 200 nautical miles until the natural prolongation ends.
 However, it may never exceed 350NM from the baseline nor may it exceed 100NM beyond the 2500 metre
isobath.
 The coastal states have the right to harvest mineral and non-living material in the subsoil of its continental
shelf, to the exclusion of others.
 Coastal state also has exclusive control over living resources attached to the continental shelf, but not
creatures living in the water column beyond the exclusive economic zone.
High Seas:
 The ocean surface and the water column beyond the EEZ are referred to as the high seas.
 It is considered as the “the common heritage of all mankind” and is beyond any national jurisdiction.
 States can conduct activities in these areas as long as they are for peaceful purposes such as transit, marine
science, lay submarine cables, pipelines, etc.
 Every state, whether coastal or land locked has the right to sail ships flying its flag on the high seas.

41. List down the rights of coastal state to territorial waters and Exclusive Economic Zone (EEZ)
Rights of coastal state to territorial waters:

 Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate any use, and use any
resource.
 Article 17 - Vessels were given the right of innocent passage through any territorial waters, with strategic
straits allowing the passage of military craft as transit passage.
 Article 21 - The coastal state may adopt laws and regulations in conformity with UNCLOS and other
international law relating to innocent passage through territorial sea.
 Article 22 - Coastal ship if has established sea lanes and TSS, then foreign ships on an innocent passage must
use such sea lanes and TSS.
 Article 25 – The coastal State may take the necessary steps in its territorial sea to prevent passage which is
not innocent
 The coastal State may temporarily suspend the innocent passage of foreign ships if such action is essential
for the protection of its security including weapons exercises.
 Article 27: The criminal jurisdiction of coastal state shall be exercised on board a foreign ship passing
through territorial sea only if
 The consequences of the crime extend to the coastal state
 If the crime is of a kind to disturb the peace of the country or good order of territorial sea
 If the assistance of local authorities has been requested by the master of the ship
 If such measures are necessary for suppression of illicit traffic in narcotic drugs.
 Article 79: The coastal state has the right to establish conditions for cables or pipelines entering its territorial
sea.
 Article 111: The coastal state has the right of hot pursuit of a foreign ship if it has good reason to believe
that the ship has violated the laws and regulations of that state. Such pursuit must be commenced when the
foreign ship is in the territorial sea.
 Article 210: The coastal state has the right to permit, regulate and control dumping after due consideration
of the matter.
 Article 211: Coastal States may adopt laws and regulations for the prevention, reduction and control of
marine pollution from foreign vessels, including vessels exercising the right of innocent passage within their
territorial sea.

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Rights of coastal state to Exclusive Economic Zone:

 UNCLOS establishes exclusive economic zones (EEZs) extending to 200 nautical miles from baselines.
 Article 56: The coastal state has sovereign rights for
 the purpose of exploring and exploiting of natural resources
 Conserving and managing the natural resources,
 Activities for the economic exploitation, such as production of energy from water, currents, winds
etc.
 Activities for exploration of the zone
 Carry out marine research
 Take steps for the protection and preservation of the marine environment.
 Article 60: The coastal state has right to construct, authorize and regulate the construction, operation and
use of:
 artificial islands;
 installations and structures for the purposes provided for in article 56 and other economic purposes;
 installations and structures which may interfere with the exercise of the rights of the coastal State in
the zone.
 Article 61: The coastal State shall determine the allowable catch of the living resources in its exclusive
economic zone.
 They may set fishery laws and carry out licensing of fishermen, their boats and equipment.
 They can also set penalties for violating such laws.
 Article 73: The coastal state has the right for boarding, inspection, arrest and judicial proceedings, as may be
necessary to ensure compliance with the laws and regulations adopted by it in conformity with this
Convention.

42. State the duties and rights of protection of the Coastal State as prescribed in Article 24 and 25 of UNCLOS
1982.
Article 24: Duties of the coastal State

 The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in
accordance with this Convention.
 In particular, the coastal State shall not:
(a) impose requirements on foreign ships which may deny or impair the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or against ships carrying cargoes to, from or
on behalf of any State.
 The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge,
within its territorial sea.
Article 25: Rights of protection of the coastal State

 The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent
 In case of ships proceeding to internal waters, the coastal state has the right to take necessary steps to
prevent any breach of condition that these ships must comply with.
 The coastal State may temporarily suspend the innocent passage of foreign ships if such action is essential
for the protection of its security including weapons exercises.
 Such suspension shall take effect only after having been duly published.

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43. Discuss the rights of the coastal state Authority in the Contiguous zone & the navigable rights available to
foreign flag vessels in territorial sea and contiguous zones?
Rights of coastal state to Contiguous Zone:

Article 33: Contiguous Zone:

 The contiguous zone may not extend beyond 24 nautical miles from the baseline from which the breadth of
the territorial sea is measured.
 The coastal state may exercise the control necessary to prevent infringement of its customs, fiscal,
immigration or sanitary laws and regulations within its territory or territorial sea;
 Hot pursuit may be commenced when the foreign ship is in the contiguous zone.
 Hot pursuit may only be undertaken if there has been a violation of the rights of the zone.

Navigable rights of foreign vessels in territorial sea & Contiguous Zone:

 Article 17: Ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through
the territorial sea.
 Article 19: Passage is innocent so long as it is not prejudicial to the peace, good order or security of the
coastal state. Such passage shall take place in conformity with this Convention and with other rules of
international law
 Article 21: The coastal state shall have laws and regulations for design, construction, manning or equipment
of foreign ships on innocent passage unless
 Article 24: The coastal state shall not hamper the innocent passage of foreign ships through the territorial
sea except in accordance with this Convention
 The coastal State shall not impose requirements on foreign ships which have the practical effect of denying
or impairing the right of innocent passage.
 Article 26: No charge may be levied upon foreign ships by reasons only of their passage through the
territorial sea.
 Article 28: The coastal State should not stop or divert a foreign ship passing through the territorial sea for
the purpose of exercising civil jurisdiction in relation to a person on board the ship.

44. Under the UNCLOS, describe the conditions under which foreign flag vessels will have the right to innocent
passage through territorial waters of the coastal state. ( Or )
Define “Passage” and “Innocent Passage” as stipulated under Article 18 and 19 of UNCLOS 1982 to which
India is party to it.

 Article 18 - Passage: Passage means navigation through territorial sea for the purpose of
 Traversing that sea without entering internal waters or calling a port facility outside internal waters
or roadstead.
 Proceeding to or from internal waters or a call at such port facility or roadstead
 Passage shall be continuous and expeditious.
 However, passage includes stopping and anchoring, but only if it is incidental to ordinary navigation or
necessary by force majeure or due to distress or for the purpose of rendering assistance to persons, ships or
aircraft in danger or distress

 Article 19 Innocent Passage: Passage is innocent so long as it is not prejudicial to the peace, good order or
security of the coastal State.
 Such passage shall take place in conformity with this Convention and with other rules of international law
 Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the
coastal State if in the territorial sea it engages in any of the following activities:
 (a) any threat or use of force against the sovereignty, territorial integrity or political independence of
the coastal State.
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  (b) any exercise or practice with weapons of any kind;
 (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal
State;
 (d) any act of propaganda aimed at affecting the defence or security of the coastal State;
 (e) the launching, landing or taking on board of any aircraft;
 (f) the launching, landing or taking on board of any military device;
 (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State;
 (h) any act of wilful and serious pollution contrary to this Convention;
 (i) any fishing activities;
 (j) the carrying out of research or survey activities;
 (k) any act aimed at interfering with any systems of communication or any other facilities or
installations of the coastal State;
 (l) any other activity not having a direct bearing on passage.
 Article 21: Foreign ships exercising the right of innocent passage through the territorial sea shall comply with
all laws and regulations of the coastal state and all generally accepted international regulations relating to
the prevention of collisions at sea.
 Article 22: Foreign ships exercising the right of innocent passage through territorial sea to shall use sea lanes
and traffic separation schemes designated by the coastal state for the regulation of the passage of ships.
 Article 23: Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or
noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry
documents and observe special precautionary measures established for such ships by international
agreements.

45. What is the extent of territorial waters, the contiguous zone and the exclusive economic zone under the UN
Convention on the Law of the Sea, 1982? Discuss the nature of the coastal State authority and the
navigational rights available to a foreign vessel in these maritime zones.
Extent of Territorial Sea:
 Article 3: Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12
nautical miles, measured from baselines determined in accordance with this Convention.

Extent of Contiguous Zone:

 Article 33: The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the
breadth of the territorial sea is measured

Extent of Exclusive Economic Zone:

 Article 57: The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from
which the breadth of the territorial sea is measured

Coastal state authority on territorial sea & EEZ– Question No. 19

Coastal state authority on Contiguous zone – Question No. 21

Navigable rights Question no .21

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46. In respect of UNCLOS, explain the following:
a) Right of Innocent Passage.
b) Right to Transit Passage.
c) Exercise of Criminal and Civil Jurisdiction over vessels.
d) Definition of International Straits
(e) Archipelagic Waters,
a) Right of Innocent Passage:

 Article 17: Right of Innocent Passage: Subject to this Convention, ships of all States, whether coastal or land
locked, enjoy the right of innocent passage through the territorial sea.
 Article 52: Ships of all States enjoy the right of innocent passage through archipelagic waters.
 Article 19 Innocent Passage: Passage is innocent so long as it is not prejudicial to the peace, good order or
security of the coastal State.
 Such passage shall take place in conformity with this Convention and with other rules of international law.
 Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the
coastal State if in the territorial sea it engages in any of the following activities:
 (a) any threat or use of force against the sovereignty, territorial integrity or political independence of
the coastal State.
 (b) any exercise or practice with weapons of any kind;
 (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal
State;
 (d) any act of propaganda aimed at affecting the defence or security of the coastal State;
 (e) the launching, landing or taking on board of any aircraft;
b) Right of Transit Passage:

 Article 38 - Transit Passage: All ships and aircraft enjoy the right of transit passage, which shall not be
impeded in the straits which are used for international navigation between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive economic zone.
 Transit passage means the freedom of navigation and overflight solely for the purpose of continuous and
expeditious transit of the strait.
 Any activity which is not an exercise of the right of transit passage through a strait remains subject to the
other applicable provisions of this Convention
 Article 39: Ships and aircraft, while exercising the right of transit passage, shall proceed without delay
through or over the strait.
 Ships in transit passage shall comply with generally accepted international regulations, procedures and
practices for safety at sea, including the International Regulations for Preventing Collisions at Sea
 Ships in transit passage shall comply with generally accepted international regulations, procedures and
practices for the prevention, reduction and control of pollution from ships

c) Exercise of Criminal and Civil Jurisdiction over vessels:

Article 27: Criminal jurisdiction on board a foreign ship

 The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through
the territorial sea to arrest any person.
 Also, it shall not be exercised to conduct any investigation in connection with any crime committed on board
the ship during its passage.
 Above two can be done only in following cases:
 if the consequences of the crime extend to the coastal State
 if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea.
 if the assistance of the local authorities has been requested by the master of the ship or by a
diplomatic agent or consular officer of the flag State

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  if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic
substances.
 In considering whether or in what manner an arrest should be made, the local authorities shall have due
regard to the interests of navigation

Article 28: Civil jurisdiction on board a foreign ship

 The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose
of exercising civil jurisdiction in relation to a person on board the ship.
 The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings
 The coastal state may levy execution against or arrest the ship if only in respect of obligations or liabilities
assumed or incurred by the ship in the course or for the purpose of its voyage through the waters of the
coastal State.
 The coastal state shall exercise civil jurisdiction if a foreign ship is lying in territorial sea after leaving the
internal waters, or if the foreign ship is passing through the territorial sea after leaving the internal waters.

d) Definition of International Straits:

 Article 37: International straits are used for international navigation between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive economic zone.
 Article 38: All ships and aircraft enjoy the right of transit passage, which shall not be impeded
 E.g. Straits of Malacca, Singapore etc. These areas consist of overlapping territorial seas that connect one
area of the high seas /EEZ to another area of high seas /EEZ.
 Without a right of transit passage, these straits would be governed by the regime of non-suspendable
innocent passage which does not include a right of overflight for aircraft or submerged transit for
submarines.

e) Archipelagic Waters:

 Article 46: "archipelagic State" means a State constituted wholly by one or more archipelagos and may
include other islands
 "archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural
features which are so closely interrelated that such islands, waters and other natural features form an
intrinsic geographical, economic and political entity, or which historically have been regarded as such.
 Article 49: Waters enclosed by archipelagic baselines are described as Archipelagic waters, regardless of
their depth or distance from the coast.
 Article 51: The archipelagic state shall respect existing agreements with neighbour states with respect to
traditional fishing rights and other legitimate activities in certain areas falling within archipelagic waters.
 Article 52: Ships of all States enjoy the right of innocent passage through archipelagic waters
 Article 53: An archipelagic State may designate sea lanes and air routes there above, suitable for the
continuous and expeditious passage of foreign ships and aircraft through or over its archipelagic waters and
the adjacent territorial sea.
 All ships and aircraft enjoy the right of archipelagic sea lanes passage in such sea lanes and air routes
 An archipelagic State which designates sea lanes under this article may also prescribe traffic separation
schemes for the safe passage of ships through narrow channels in such sea lanes.
 Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations.
 Ships in archipelagic sea lanes passage shall respect applicable sea lanes and traffic separation schemes
established in accordance with this article

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47. As per UNCLOS: State the condition under which a passage in territorial seas is considered ‘Not Innocent’
 Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the
coastal State if in the territorial sea it engages in any of the following activities:
 (a) any threat or use of force against the sovereignty, territorial integrity or political independence of
the coastal State.
 (b) any exercise or practice with weapons of any kind;
 (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal
State;
 (d) any act of propaganda aimed at affecting the defence or security of the coastal State;
 (e) the launching, landing or taking on board of any aircraft;
 (f) the launching, landing or taking on board of any military device;
 (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State;
 (h) any act of wilful and serious pollution contrary to this Convention;
 (i) any fishing activities;
 (j) the carrying out of research or survey activities;
 (k) any act aimed at interfering with any systems of communication or any other facilities or
installations of the coastal State;
 (l) any other activity not having a direct bearing on passage.

48. Define Exclusive Economic Zone and Continental Shelf as per UNCLOS.
Exclusive Economic Zone: Question No. 19
Continental Shelf:
 Article 76: The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas
that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer
edge of the continental margin, or
 To a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is
measured where the outer edge of the continental margin does not extend up to that distance.
 The continental margin comprises the submerged prolongation of the land mass of the coastal State, and
consists of the seabed and subsoil of the shelf, the slope and the rise.
 It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.
 On submarine ridges, the outer limit of the continental shelf shall not exceed 350 nautical miles from the
baselines from which the breadth of the territorial sea is measured
 Article 77: The coastal State exercises over the continental shelf sovereign rights for the purpose of
exploring it and exploiting its natural resources.
 If the coastal State does not explore the continental shelf or exploit its natural resources, no one may
undertake these activities without the express consent of the coastal State.
 Article 78: The exercise of the rights of the coastal State over the continental shelf must not infringe or
result in any unjustifiable interference with navigation and other rights and freedoms of other States as
provided for in this Convention.
 Article 79: All States are entitled to lay submarine cables and pipelines on the continental shelf, in
accordance with the provisions of this article.
 When laying submarine cables or pipelines, States shall have due regard to cables or pipelines already in
position. In particular, possibilities of repairing existing cables or pipelines shall not be prejudiced.
 Article 81: The coastal State shall have the exclusive right to authorize and regulate drilling on the
continental shelf for all purposes

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49. How have some states claimed an EEZ of greater than 200 nautical miles and others have completely
refrained from claiming any EEZ at all. OR Using the provisions of Article 76 of UNCLOS 82', India has
claimed a continental shelf of 350 nm, whereas her EEZ is up to 200' Discuss.
Provision in UNCLOS for claiming EEZ greater than 200 NM:

The below mentioned section of UNCLOS provides provision for a coastal state to seek an extension of its EEZ
beyond the approved 200 nautical miles if it can demonstrate that the continental shelf of the country extends
beyond that distance.

 Article 76 (4): The coastal state shall establish the outer edge of the continental margin wherever the margin
extends beyond 200 nautical miles from the baseline by either
 i) a line drawn on the outermost fixed points at each of which the thickness of sedimentary rocks is
at least 1% of the shortest distance from the continental slope.
 Ii) the outer edge of the continental margin is determined by a line drawn by reference to fixed
points not more than 60 nautical miles from the foot of the continental slope.

 Article 76 (5): The fixed points comprising the line of the outer limits of the continental shelf on the seabed
shall not exceed 350 nautical miles from base line or
 or shall not exceed 100 nautical miles from the 2,500-metre isobaths.
 Article 76 (8): Information on the limits of the continental shelf beyond 200 nautical miles from the baselines
must be submitted by the coastal state to the ‘Commission on the limits of the continental shelf’
 The commission shall make recommendations on matters related to establishment of the outer limits.
 The coastal state on basis of these recommendations sets the limits and this shall be final and binding.
 India have also submitted the relevant information to the commission to extend the EEZ to 350 nautical
miles which is yet to be approved.

Reason for countries not claiming EEZ:

 Some countries refrained from claiming EEZ due to geographic and economical reasons.
 For example, Mediterranean states has not claimed EEZ. The geographic reason being that the physical
dimensions of the Mediterranean rules out any coastal state from claiming an EEZ out to 200 nm from its
baselines.
 Economical reason being that it is unproductive from fisheries perspective.

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50. What is an Exclusive Fishing Zone?

 While this term is not used in UNCLOS some states e.g. UK have chosen not to claim an EEZ but rather to
claim jurisdiction over the living resources off their coast.
 In such cases Exclusive fishing zone is often used. The breadth of this zone is normally as same as EEZ.
 Article 62: Provides provision for coastal state for having its law and regulations for the following: -
 (a) licensing of fishermen, fishing vessels and equipment, including payment of fees for foreign
fishing vessels
 (b) determining the species which may be caught, and fixing quotas of catch, in relation to particular
stocks or catch per vessel over a period of time or to the catch by nationals of any State during a
specified period;
 (c) regulating seasons and areas of fishing, the types, sizes and amount of gear, and the types, sizes
and number of fishing vessels that may be used;
 (d) fixing the age and size of fish and other species that may be caught;
 (e) specifying information required of fishing vessels, including catch and effort statistics and vessel
position reports;
 Coastal States shall give due notice of conservation and management laws and regulations
 Article 69 – Provides provision for land locked state to have right to participate, on an equitable basis, in the
exploitation of an appropriate part of the surplus of the living resources of EEZ of coastal States.
 Thus, exclusive fishery zones may be established through bilateral agreements to avoid to participate, on an
equitable basis, in the exploitation of an appropriate part of the surplus of the living resources of the
exclusive economic zones of coastal States.

51. What are the provisions regarding ‘Artificial islands, Structure and Installations’ in EEZ as per
UNCLOS?

 As per Article 56 (B) The coastal state has right to establish artificial islands, installations and structures.
 When performing rights under this article, the coastal State shall have due regard to the rights and duties of
other States and shall act in a manner compatible with the provisions of this Convention
 Article 60 (1): In the exclusive economic zone, the coastal State shall have the exclusive right to construct
and to authorize and regulate the construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided for in article 56 and other economic purposes;
(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the
zone
 (2) The coastal state has exclusive jurisdiction with regard to customs, fiscal, health, safety and immigration
laws and regulations
 (3) Due notice must be given of the construction of such artificial islands, installations or structures, and
permanent means for giving warning of their presence must be maintained
 (4) The coastal State may, where necessary, establish reasonable safety zones around such artificial islands,
installations and structures in which it may take appropriate measures to ensure the safety both of
navigation and of the artificial islands, installations and structures
 (5) The breadth of the safety zones shall be determined by the coastal State, taking into account applicable
international standards.
 (6) All ships must respect these safety zones and shall comply with generally accepted international
standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.
 (7) Artificial islands, installations and structures and the safety zones around them may not be established
where interference may be caused to the use of recognized sea lanes essential to international navigation
 (8) Artificial islands, installations and structures do not possess the status of islands.

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  They have no territorial sea of their own, and their presence does not affect the delimitation of the
territorial sea, the exclusive economic zone or the continental shelf.

52. Define the following and explain as to how to plan and conduct passage in the following waters, as
stipulated in UNCLOS, 1982
(a) Archipelagic Waters,
(b) International Straits; and
(c) Territorial Sea

Definition of above terms are provided in Question No. 25

a) Planning and conducting Passage in Archipelagic Waters:
 All states enjoy the right of innocent passage in the archipelagic waters. (Article 52)
 The passage shall be continuous and expeditious.
 Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state.
 Archipelagic state may designate sea lanes for the continuous and expeditious passage of foreign ships. All
ships have the right of such sea lanes passage. (Article 53 (1) & (2))
 The passage shall be solely for the purpose of continuous, expeditious and unobstructed transit between
one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive
economic zone (Article 53 (3))
 Ships in archipelagic sea lanes passage shall not deviate more than 25 nautical miles to either side of axis
lines during passage, provided that such ships shall not navigate closer to the coasts than 10 per cent of the
distance between the nearest points on islands bordering the sea lane.
 While on a transit passage in such waters, the passage shall be in accordance with the international
regulations related to safety at sea, collision regulations and prevention, reduction and control of pollution
from ships. (Article 54)

b) Planning and conducting Passage in International Strait:

 All states enjoy the right of transit passage in straits used for international navigation(Article 38 (1))
 Passage shall be continuous and expeditious transit of the strait between one part of the high seas or an
exclusive economic zone and another part of the high seas or an exclusive economic zone. (Article 38 (2))
 Ships shall proceed without delay through the strait, refrain from any activities other than those incident to
their normal modes of continuous and expeditious transit. (Article 39 (1))
 While on a transit passage in such waters, the passage shall be in accordance with the international
regulations related to safety at sea, collision regulations and prevention, reduction and control of pollution
from ships (Article 39 (2))
 Sea lanes and TSS must be followed if designated by the states bordering the international straits. (Article
41)
 Vessel must comply with any specific laws and regulations as enforced by the states bordering the straits.
(Article 42)
c) Planning and conducting Passage in Territorial Sea:
 All states enjoy the right of innocent passage in the territorial waters. (Article 17)
 The passage shall be continuous and expeditious. (Article 18)
 Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state.
(Article19) Thus, vessel must engage in any of the following activities:
 any exercise or practice with weapons of any kind
 the launching, landing or taking on board of any military device
 the loading or unloading of any commodity, currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State
 any fishing activities
 any act of wilful and serious pollution contrary to this Convention
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  the carrying out of research or survey activities etc.
 Vessel shall comply with the laws and regulations enforced by the coastal state with respect to the innocent
passage (Article 21)
 If sea lanes or TSS designated by the coastal state, then vessel must strictly use such lanes while exercising
the right of innocent passage. (Article 22)
 When vessel carries nuclear powered ships or other inherently dangerous or noxious substances, vessel
must carry documents and observe special precautionary measures established for such ships by
international agreements (Article 23)
 Coastal state has the right to temporarily suspend innocent passage in specific areas essential for the
protection of its security, including weapons exercises. Such suspension take effect only after publishing.
Such published information must be reviewed in order to plan and conduct the passage through territorial
waters. (Article 25)

53. A foreign vessel on an innocent passage manned by pirates is intercepted by the coastal state outside
territorial waters. Discuss the implications under UNCLOS.
The coastal state has the right to seize the pirate ship under the article 105 of UNCLOS.
Article 105: Seizure of a pirate ship or aircraft
 On the high seas or in any other place outside the jurisdiction of any state every state may seize a pirate ship
or a ship taken by piracy and under the control of pirates.
 The coastal state shall arrest the persons and seize the property on board.
 The courts of the state which carried out the seizure may decide upon the penalties to be imposed and may
also determine the action to be taken with regard to the ships or property subject to the rights of third parties
acting in good faith.
The coastal state intending to carry out the seizure must make sure that it has adequate grounds on defining
the ship has committed one of the acts referred in article 101.
Article 101: Definition of piracy
Piracy consists of any of the following acts:

 Any illegal acts of violence, detention, any act of depredation, committed for private ends by crew or by the
passengers.
 Above such action are directed on the high seas against another ship or aircraft or against persons or property
on board ship or aircraft.
 Above actions directed against a ship, aircraft persons or property in a place outside the jurisdiction of any
state.
 Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making
it a pirate ship or aircraft.

If the seizure was carried out without adequate grounds, that state making the seizure shall be liable to the flag
state for any loss or damage caused by the seizure (Article 106)

54. Describe the duties and responsibilities of coastal state when a foreign flag vessel breaches the laws related
to territorial sea, contiguous zone and archipelagic waters as per UNCLOS.
Breach of laws in territorial sea:
 Article 28 provides provision for the coastal state for enforcing any civil jurisdiction in relation to foreign
ships.
 The coastal state has the right to exercise jurisdiction over foreign-flag vessels that breach its laws within its
territorial sea, contiguous zone, and archipelagic waters.
 It may take legal action against the offending vessel and its crew.

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  he coastal state has the responsibility to promptly report any breach of its laws by a foreign-flag vessel to the
flag state of the offending vessel, providing relevant details and documentation.
 The coastal state may levy execution or arrest the ship if the ship is liable for breach during its course of
voyage.
 The coastal state may request cooperation and assistance from the flag state of the offending vessel in
investigating the breach, gathering evidence, and taking appropriate legal actions.
 The actions taken by the coastal state must be in accordance with the principles of international law,
including UNCLOS provisions, relevant treaties, and customary international law.
 Article 30: If any warship does not comply with the laws related to territorial waters, the coastal state may
require it to leave the territorial sea immediately.

SOLAS, 1974
55. Give a summary of “Additional Safety measures for Bulk Carriers” (Chapter XII, SOLAS), which entered
into force on 1st July 1999.

 This chapter of SOLAS convention entered into force on 1st July 1999.
 The amendments take into account a study into bulk carrier survivability carried out by the International
Association of Classification Societies (IACS) at the request of IMO.
 The primary objective is to enhance the safety of bulk carriers, reduce the risk of accidents, and protect
human life at sea.
 The provisions outlined in this chapter provide a comprehensive framework to ensure the safe
construction, operation, and maintenance of bulk carriers.

 It consists of 14 regulations.
General Requirements:

 These include ensuring the structural integrity and stability of the vessel, as well as the appropriate
construction and maintenance of cargo holds and hatch covers.
 The requirements also emphasize proper crew training and operational procedures.
Surveys and Certification:

 Bulk carriers are subject to specific surveys and certification requirements to ensure their ongoing safety.
 As per Regulation 7 Bulk carriers of 150 m in length and upwards of single-side skin construction
constructed before 01 July 1999, shall not carry cargo with density of 1780 kg/m3 and above unless it has
undergone periodic survey or survey of all cargo holds as provided in Enhanced survey programme of
inspections.
Other significant Requirements on Stability, Watertight Integrity & Others:

 Chapter XII stresses the importance of maintaining stability and watertight integrity.
 Regulation 5 and 6 specifies requirements for structural strength and watertight integrity to prevent
flooding in case of accidents or adverse weather conditions.
 All new bulk carriers 150 metres or more in length (built after 1 July 1999) carrying cargoes with a density
of 1,000 kg/m3 and above should have sufficient strength to withstand flooding of any one cargo hold,
taking into account dynamic effects resulting from presence of water in the hold.
 Regulation 10 requires shippers to declare the density of cargo when loading on bulk carrier of length
150m or more.
 Regulation 12 It requires fitting of high level and low-level water ingress alarm in the cargo holds.
 The audible and visual alarms of such water ingress detectors shall be fitted in the navigational bridge.
 Regulation 13 requires means of draining and pumping dry space bilges and ballast tanks located forward
of the collision bulk head is capable of being operated from an readily accessible enclosed space.

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  Regulations 14 provides restriction on sailing with any one hold empty when not meeting the
requirements for withstanding the flooding of any cargo hold.

56. Briefly describe the statutory surveys and inspection pertaining to oil tanker as per SOLAS.
Surveys are carried out as per Harmonised System of Survey and Certification. The list of surveys are Initial survey,
Annual Survey, Intermediate Survey and Renewal Survey.
Initial Survey:
 Before an oil tanker is put into service, it must undergo an initial survey to verify its compliance with the
applicable SOLAS requirements.
 This survey includes an assessment of the vessel's construction, stability, machinery, fire protection
systems, and safety equipment.
Annual Surveys:
 These surveys are carried out annually to verify the condition and operational readiness of the tanker.
 They cover various aspects, including structural integrity, stability, machinery, fire safety systems,
navigation equipment, and lifesaving appliances.
Intermediate Surveys:
 The intermediate survey should be held within three months before or after the second anniversary date
or within three months before or after the third anniversary date of the appropriate certificate and should
take the place of one of the annual surveys.
 They involve a more detailed examination of the tanker's structure, including its tanks, hull, and
appendages
 The survey also includes an inspection of machinery, equipment, fire protection systems, and other safety
features.
Renewal Surveys:
 Renewal surveys are conducted to renew the tanker's statutory certificates.
 These surveys occur before the expiry of the existing certificates, which are typically valid for five years.
 Renewal surveys involve a comprehensive inspection and verification of the tanker's compliance with
SOLAS requirements.
Ship’s Bottom Inspection:

 There should be a minimum of two inspections of the outside of the ship's bottom during any five-year
 One such inspection should be carried out on or after the fourth annual survey in conjunction with the
renewal of the Cargo Ship Safety Construction Certificate or the Cargo Ship Safety Certificate.
 Where the Cargo Ship Safety Construction Certificate or the Cargo Ship Safety Certificate has been
extended this five-year period may be extended to coincide with the validity of the certificate.
 In all cases the interval between any two such inspections should not exceed 36 months.

List of Certificates Provided as per SOLAS:

Cargo ship safety Equipment Certificate

Cargo Ship Safety Construction Certificate

Cargo Ship Safety Radio Certificate

Safety Management Certificate

Document of Compliance

International Ship Security Certificate

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57. Write down the contents of following certificates:
(i) Cargo Ship Safety Equipment Certificate
(ii) International Load Line Certificate

Cargo Ship Safety Equipment Certificate:

a) Official Seal and Name of the State under whose authority the Certificate is being issued.
b) Person or authorized organization issuing the Certificate.
c) Particulars of the ship i.e. Name, Call Sign, POR, GT, DWT, Length, IMONo.
d) Type of Ship (Bulk carrier / Oil tanker / Chemical tanker / Gas Carrier / Other) e) Date on which keel was
laid or Date of major alteration / modification.
e) Statements declaring that the following items have been surveyed and found in compliance with the
relevant regulations:
1. Fire safety systems and appliances and fire control plans
2. Life-saving appliances and the equipment of the lifeboats, life rafts and rescue boats
3. Linethrowing appliance and radio installations used in life saving appliances
4. Shipborne navigational equipment and nautical publications
5. Means of embarkation for pilots 6. Lights, shapes and means of making sound signals and distress
signals.
f) Date till which the certificate is valid
g) Completion date of the survey
h) Date and place of issue of the certificate
i) Signature of authorized official issuing the certificate
j) Seal or stamp of the issuing authority
k) Endorsement for annual and periodical surveys and other endorsements
l) Form E (Record of Equipment for Cargo Ship Safety) shall supplement the certificate
International Load Line Certificate:
a) Certificate Number
b) Issuing Authority
c) Issued By (Classification Society)
d) Name of the ship, Call Sign, Port of Registry, IMO number, etc
e) Type of Ship (A or B60 or B100)
f) Freeboard assigned as (New ship)
g) Length of the ship (as defined in the Convention)
h) Freeboards from Deck Line for all the Load Line Marks in ‘mm’
i) Fresh Water Allowance in ‘mm’ Valid until date, subject to Annual surveys.
j) Completion date of the survey, date and place of issue of the Certificate
k) Sign and seal of the Authorized Person.
l) Space for Annual endorsements and other remarks.

58. Explain the SOLAS amendments dealing with a) life boat on load release mechanisms b) IGF Code
MSC 320(89) – Amendments to LSA Code (Adopted on 20th May 2011):

Chapter IV – Survival Craft – Regulation 4.4.7.6

 The release mechanism shall only open it operated with the boat fully waterborne. Or
 If the boat is not waterborne, it shall be capable of operating o5nly by multiple, deliberate and sustained
action which shall also include the removal or bypassing safety interlocks.
 This interlock shall be designed to prevent premature or inadvertent release.
 The hook assembly shall be capable of holding its safe working load under any operational conditions, until
the hook locking part is deliberately caused to open.
 If hydrostatic interlock is provided, it shall automatically reset upon lifting the boat from the water.

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  Off load release capability shall release the lifeboat when it is waterborne and no manual separation of the
lifting ring or hook shall be required.
 a hydrostatic interlock shall be designed for a factor of safety of not less than 6 times maximum operating
force based on the ultimate strength of the materials used.
 the operating cables shall be designed for a factor of safety of not less than 2.5 times maximum operating
force based on the ultimate strength of the materials used

IGF Code

MSC.391(95) In Force from 01 Jan 2017:

 The International Code of Safety for Ships using Gases or other Low-flashpoint Fuels were in force from 01
Jan 2017 for ships contracted on or after 01 Jan 2017, ships keel laid on or after 01st Jan 2017 & Ships
delivered on or after 01st Jan 2021.
 IGF code specifies the requirements for ships using gases or other low-flashpoint fuels.
 It consists of 19 chapters.

MSC.422(98) In force from 01 Jan 2020:

IFG CODE – CHAPTER 11 – REGULATION 11.3 – Regulation for Fire Protection:

 This amendment removed the provision that wheelhouse windows facing fuel tanks on open deck shall be
constructed not less than "A-0" class, in line

MSC.458(101) in Force from 01 Jan 2024:

Chapter 6 Fuel Containment System – Regulation 6.8.3

 In cases where the tank insulation and tank location make the probability very small for the tank contents to
be heated up due to an external fire, special considerations may be made to allow a higher loading limit than
calculated using the reference temperature, but never above 95%.

Chapter 9 Fuel supply to Consumers – Regulation 9.5 Regulations for fuel distribution outside of machinery space:

 Where gaseous fuel pipes pass through enclosed spaces in the ship, they shall be protected by a secondary
enclosure
 This enclosure can be a ventilated duct or a double wall piping system.

Chapter 11 Fire Safety – Regulation 11.3.3

 The space containing the fuel containment system shall be separated from the machinery spaces of category
A or other rooms with high fire risks.
 The separation shall be done by a cofferdam of at least 900 mm with insulation of A-60 class.

59. Write down the latest amendments to SOLAS, which came into force in January 2016 and will come into
force in July 2016 January 2024.
SOLAS VI/2 - MSC.380(94) – 01st July 2016 - Verification of the gross mass of containers

 The amendments to SOLAS VI/2 were adopted, which require the shipper to provide the verified gross mass
of a container to the master or his representative and to the terminal representatives.
 The shipper of a container shall ensure the verified gross mass is stated in the shipping document.
 If VGM not mentioned container shall not be loaded on to the ship.

SOLAS Chapter XIII 01st Jan 2016 - III Code made mandatory

 The IMO Instruments Implementation Code (aka III Code or IIIC) is the key instrument behind the IMO
Member State Audit Scheme.
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  The IMO Member State Audit Scheme (IMSAS) replaces the old voluntary audit scheme (VIMSAS) by bringing
forward a mandatory audit scheme for Member States.
 The new mandatory scheme is wider in its remit whereas the voluntary scheme only assessed their Flag
State capability.

IBC Code MSC.369(93) 01st Jan 2016 Installation of Stability Instruments

 All oil tankers, chemical tankers, and gas carriers are to be fitted with a stability instrument, capable of
verifying compliance with intact and damage stability requirements approved by the Administration.
 Applicable for ships constructed on or after 1 January 2016, other ships at first scheduled IOPP Survey.

SOLAS II-1/25-1MSC.482(103) 01 Jan 2024 Amendments to SOLAS to require water level detectors on multiple
hold cargo ship

CHAPTER II-1 Regulation 25-1

 Multiple hold cargo ships other than bulk carriers and tankers constructed on or after 1 January 2024 shall
be fitted with water level detectors* in each cargo hold intended for dry cargoes.
 Water level detectors are not required for cargo holds located entirely above the freeboard deck.
 It shall be audible and visual alarm located in navigation bridge, low level at not less than 0.3m and high level
at not more than 2m

SOLAS II-1/3-8 MSC.474(102) Amendments to SOLAS regulation II-1/3-8 relevant to mooring equipment

 Guidelines and guidance relevant to mooring equipment were approved as listed below:
 New Guidelines on the design of mooring arrangements and the selection of appropriate mooring
equipment and fittings for safe mooring
 New Guidelines for inspection and maintenance of mooring equipment including lines

60. Explain the following amendments in respect of:

SOLAS dealing with goal-based ship construction standard, testing of AIS, pilots transfer arrangements and
life boat on load release mechanisms
MSC 290 (87) Amendment to Chapter II of SOLAS:

 The goal-based standards amendments in SOLAS regulation II-1/3-10 were adopted in 2010 and entered
into force in 2012, with a date of 1 July 2016 set for application to new oil tankers and bulk carriers.
 Regulation 3-10 sets out the standards for construction of new oil tankers and bulk carriers over 150m.
 Objective of this amendment is that ships should be designed and constructed for a specified design life and
that, if properly operated and maintained, they should remain safe and environmentally friendly throughout
their service life.
 Ships should be designed and constructed for a specified design life and that, if properly operated and
maintained, they should remain safe and environmentally friendly throughout their service life.

MSC 308(88): Amendments to SOLAS Chapter V – Annual Testing of AIS.

 From 1 July 2012, all vessels fitted with an AIS to have their AIS equipment tested annually
 The test shall be conducted by an approved surveyor or an approved testing or servicing facility.
 The test shall verify the correct programming of the ship static information, correct data exchange with
connected sensors as well as verifying the radio performance by radio frequency measurement and on-air
test using, e.g., a Vessel Traffic Service (VTS). A copy of the test report shall be retained on board the ship”.

MSC 308(88) Amendments to SOLAS Chapter V – Pilot Transfer Arrangement:

 A pilot ladder shall be certified by the manufacturer.

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  All pilot ladders used for pilot transfer shall be clearly identified with tags or other permanent marking so as
to enable identification of each appliance for the purposes of survey, inspection and record keeping.
 A record shall be kept on the ship as to the date the identified ladder is placed into service and any repairs
effected.

MSC 320(89) – Amendments to LSA Code:

 The release mechanism shall only open it operated with the boat fully waterborne. Or
 If the boat is not waterborne, it shall be capable of operating only by multiple, deliberate and sustained
action which shall also include the removal or bypassing safety interlocks.
 This interlock shall be designed to prevent premature or inadvertent release.
 The hook assembly shall be capable of holding its safe working load under any operational conditions, until
the hook locking part is deliberately caused to open.
 If hydrostatic interlock is provided, it shall automatically reset upon lifting the boat from the water.

61. Enumerate the following amendments to SOLAS/MARPOL with respect of: a) Venting cargo tanks b) Polar
Code
Venting of Cargo Tanks:
MSC.392(95) Venting arrangements of cargo tanks:
SOLAS Chapter II – Part C – Regulation 11 – Structural Integrity:
 In addition, for tankers constructed on or after 1 January 2017, the secondary means shall be capable of
preventing over-pressure or under-pressure in the event of damage to, or inadvertent closing of, the means
of isolation.

Secondary means of Venting:

 Ships must have an independent, secondary means of venting for each tank: that is, a full flow
pressure/vacuum (P/V) valve or a pressure sensor that provides an alarm on detecting over-pressure or
under-pressure.
 A pressure sensor is only acceptable as a secondary means if a full flow P/V valve is fitted as the primary
means of venting for each cargo tank, as per the arrangement in SOLAS Regulation II-2/11.6.1.2.
 These changes have been made to protect tanks in the event of a mechanical failure or inadvertent closure
of the isolating valves or devices on the inert gas main/vent branch pipework

AMENDMENTS TO POLAR CODE

SOLAS XIV, Polar Code MSC.386(94)

 The Polar Code (new code) were adopted through this resolution.
 It specifies the requirements for the ships operating in Arctic waters and Antarctic area
 The amendments were made to SOLAS by newly establishing Chapter XIV to make the Polar Code
mandatory.
 It applies to ships keel laid on or after 1 January 2017.
 Existing ships keel laid before 1 January 2017 shall meet the requirement by the first intermediate or
renewal survey, whichever occurs first, after 1 January 2018

MEPC.329(76) Ban of use of heavy fuel oil in Arctic waters

 Amendments to MARPOL Annex I to prohibit the use, and carriage for use as fuel of heavy fuel oil by ships in
Arctic waters were adopted.
 This prohibition will be applied on or after 1 July 2024

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62. Discuss the latest changes that have been incorporated into SOLAS and MARPOL to ensure a safe and
cleaner environment.
SOLAS
IGF Code - MSC.391(95) In Force from 01 Jan 2017:

 The International Code of Safety for Ships using Gases or other Low-flashpoint Fuels were in force from 01
Jan 2017 for ships contracted on or after 01 Jan 2017, ships keel laid on or after 01st Jan 2017 & Ships
delivered on or after 01st Jan 2021.
 IGF code specifies the requirements for ships using gases or other low-flashpoint fuels.
 It consists of 19 chapters.

MSC.458(101) in Force from 01 Jan 2024:

Chapter 6 Fuel Containment System – Regulation 6.8.3

 In cases where the tank insulation and tank location make the probability very small for the tank contents to
be heated up due to an external fire, special considerations may be made to allow a higher loading limit than
calculated using the reference temperature, but never above 95%.

Chapter 9 Fuel supply to Consumers – Regulation 9.5 Regulations for fuel distribution outside of machinery space:

 Where gaseous fuel pipes pass through enclosed spaces in the ship, they shall be protected by a secondary
enclosure
 This enclosure can be a ventilated duct or a double wall piping system.

Chapter 11 Fire Safety – Regulation 11.3.3

 The space containing the fuel containment system shall be separated from the machinery spaces of category
A or other rooms with high fire risks.
 The separation shall be done by a cofferdam of at least 900 mm with insulation of A-60 class.

MARPOL
List of amendments dealing with Emission Control:
i. Resolution MEPC.177(58) as amended by resolution MEPC.251.(66)) 2008 – Nox Technical Code (Tier II)
ii. MEPC.280(70) 2016- EFFECTIVE DATE OF IMPLEMENTATION OF THE FUEL OIL STANDARD (0.5%)
iii. MEPC.286(71)2019 Designation of the Baltic Sea and the North Sea Emission Control Areas for NOX Tier III
control)
Resolution MEPC 177(58) as amended by resolution MEPC.251.(66)) 2008:
 The original version of Annex VI, adopted in 1997, established Tier I NOx emission limits for marine diesel
engines with a power output of more than 130 kW.
 These Tier I limit set maximum allowable NOx emission levels based on the engine's operation and are
expressed in grams of NOx per kilowatt-hour (g/kWh) of power produced.
 The first set of amendments to Annex VI, adopted in 2008, introduced more stringent Tier II NOx emission
limits for marine diesel engines.
 Ships constructed on or after 1 January 2000, the maximum emission allowed shall be calculated using
45n(-0.2), where n is the maximum rpm of the vessel.
Maximum allowed emission is 9.8g/kwh for engines with rpm greater than or equal to 2000.

MEPC.280(70) 2016- EFFECTIVE DATE OF IMPLEMENTATION OF THE FUEL OIL STANDARD (0.5%)
 01 January 2020 was set as the date from which all ships - The sulphur content of fuel oil used or carried for
use on board a ship shall not exceed 0.50% m/m.
 The interpretation of ‘fuel oil used on board’ includes fuel oil used in all emission sources including
emergency equipment.

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  The regulation 14 prohibits carriage of fuel oil with sulphur content more than 0.5% m/m for use on board
ships on or after 1 March 2020.
 However, the prohibition on the carriage does not apply to ships fitted with ‘equivalent’ means of
compliance permitted by MARPOL Annex VI, Regulation 4, such as exhaust gas cleaning system (EGCS).
 Thus, the ship must either use compliant fuel oil with sulphur content not more than 0.5% m/m or shall have
an EGCS in order to comply with the regulations.
MEPC.286(71) Designation of the Baltic Sea and the North Sea Emission Control Areas for NOX Tier III control)
 The Baltic sea and north-sea were designated as NOx Emission Control Areas.
 Tier III standards shall be complied in NECAS.
 Ships constructed on or after 1 January 2016, the maximum emission allowed shall be calculated using
9n(-0.2), where n is the maximum rpm of the vessel.
Maximum allowed emission is 2.0g/kwh for engines with rpm greater than or equal to 2000.

63. State the elements of ISM Code.

 International Safety Management code was adopted in 1993 and came into force in 01st July 1998.
 It was introduced in chapter IX of SOLAS.
 The ISM Code provides a framework for the safe management and operation of ships and the prevention of
marine pollution
 Below are the elements of the code.

Preamble
Part A – Implementation
1 General
2 Safety and Environmental Protection Policy
3 Company Responsibilities and Authority
4 Designated Person(s)
5 Master's Responsibility and Authority
6 Resources and Personnel
7 Shipboard Operations
8 Emergency Preparedness
9 Reports and Analysis of Non-conformities, Accidents and Hazardous Occurrences
10 Maintenance of the Ship and Equipment
11 Documentation
12 Company Verification, Review and Evaluation
Part B – Certification and Verification
13 Certification and Periodical Verification
14 Interim Certification
15 Verification
16 Forms of Certificates

64. Short notes on b) Safety Management System

 Safety management system means a structured and documented system enabling Company personnel to
implement effectively the Company safety and environmental protection policy.
 The objective of the SMS is:
o To provide safe practices in ship operation and safe working environment.
o To establish safeguards against all identified risks
o To continuously improve safety management skills of personnel, including preparing for
emergencies.
 The components of SMS are:
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 Safety policy, risk assessment and hazard identification, safety objectives, safety plans and procedures,
safety training and awareness programs, incident reporting and investigation, audit and performance
monitoring, and continuous improvement.
 SMS focuses on identifying and managing risks.
 It involves conducting risk assessments to identify potential hazards, evaluating their likelihood and
consequences, and implementing risk control measures to mitigate or eliminate the identified risks.
 SMS fosters a safety culture within the organization, emphasizing the importance of safety at all levels.
 It encourages open communication, reporting of safety concerns, and active participation of all personnel in
safety-related activities.
 An SMS requires the development and maintenance of various documents, including safety policies,
procedures, manuals, records of training and incidents, and other relevant documentation.
 These documents serve as a reference and provide guidance for implementation.
 An SMS requires the development and maintenance of various documents, including safety policies,
procedures, manuals, records of training and incidents, and other relevant documentation.
 These documents serve as a reference and provide guidance for employees.

65. As per the ISM Code describe the overriding authority of Master and Responsibility and the role of DPA
Part A - Element 5 Master’s Responsibility and Authority:
 5.2 The Company should ensure that he SMS operating on board the ship contains a clear statement
emphasizing the Master's authority.
 The Company should establish in the SMS that the master has the overriding authority and the responsibility
to make decisions with respect to safety and pollution prevention and to request the Company's assistance
as may be necessary.
Overriding Authority:

 The overriding authority of the Master recognizes the need for a clear chain of command and decisive
decision-making to ensure the safe and effective operation of the vessel
 The master has the overriding authority and responsibility to make any decisions with respect to the safety
of life, the vessel and to prevent pollution of the seas as well as in protecting the environment.
 He is permitted to deviate from company policy for the sake of safety of life, safety of the ship, cargo or
preventing environmental pollution.
 This highlights the critical role of the Master in maintaining a safe shipboard environment, upholding safety
standards, and protecting the well-being of those on board.
Responsibility and Role of DPA:
Part A – Element 4 – Designated Person(s):
 To ensure the safe operation of each ship and to provide a link between the company and those on board,
every company, as appropriate, should designate a person or persons ashore.
 He shall have direct access to the highest level of management.
 The responsibility and authority of the designated person or persons should include monitoring the safety
and pollution prevention aspects of the operation of each ship and to ensure that adequate resources and
shore-based support are applied, as required
Implementation:
 The DPA is responsible for ensuring the effective implementation and maintenance of the SMS within the
shipping company.
 This includes promoting a safety culture and ensuring compliance with applicable regulations and standards.
 The DPA monitors compliance with the ISM Code and other relevant regulations and guidelines.
 They keep track of changes in applicable laws, regulations, and industry best practices to ensure the SMS
remains up to date.

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  The DPA serves as a point of contact for communication and coordination between the company and
external entities, including the flag state administration, classification societies, and other relevant
authorities.
 They liaise with these entities on matters related to safety management and regulatory compliance.

66. Differentiate between convention and protocol.

Convention Protocol
A formal, legally binding international
An additional agreement that modifies or
agreement or treaty that establishes rules,
Definition supplements an existing convention without
standards, and regulations governing
replacing it entirely.
specific areas of maritime law.
Sets forth comprehensive rules and
Introduces amendments, updates, or additional
obligations to be followed by member
Purpose provisions to an existing convention to address
states to regulate a particular aspect of
emerging issues or improve its effectiveness.
maritime affairs on a global scale.
Can exist as an independent treaty, Can exist as an independent treaty, addressing a
Standalone
addressing a specific subject or a broader specific subject or a broader range of maritime
or Related
range of maritime issues. issues.
Adopted through a simplified process that does
Requires separate negotiations and
not require extensive negotiations, as it builds
adoption process by states, followed by
Adoption upon an existing convention and usually requires
ratification or accession to become binding
ratification or accession by the states party to the
on the participating countries.
original convention.
International Convention for the Safety of Protocol to the SOLAS Convention (SOLAS
Life at Sea (SOLAS) sets global safety Protocol) introduced amendments on maritime
standards for ships.International security measures. Protocol of 1992 to amend
Examples Convention on Civil Liability for Oil Pollution the International Convention on Civil Liability for
Damage (CLC) establishes liability and Oil Pollution Damage modified the liability and
compensation rules for oil pollution compensation provisions of the original
incidents. convention.

67. List out the documents to be carried on board a vessel as per various International conventions
Ship's Certificates, including Safety Construction Certificate, Safety Equipment Certificate, Safety Radio Certificate,
and Safety Management Certificate.

Intact Stability Booklet

Damage control plans and booklets (SOLAS)

Minimum safe manning document (SOLAS)

Fire safety training manual, Fire Control plan/booklet (SOLAS)

On board training and drills record (SOLAS)

Fire safety operational booklet (SOLAS)

Cargo Securing Manual (SOLAS)

International Load Line Certificate. (Load Line Convention)

Cargo Ship Safety Construction Certificate (applicable to cargo ships).

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Cargo Ship Safety Equipment Certificate (applicable to cargo ships).

Document of Compliance (for ships subject to the ISM Code).

International Tonnage Certificate (ITC).

DOA (For grain)

International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW):

Certificates of Competency (CoC) for various ranks and positions on board, as per STCW requirements.

Certificates of Proficiency (CoP) for specific skills and training courses.

Basic Safety Training (BST) Certificate.

Medical Fitness Certificate.

International Convention for the Prevention of Pollution from Ships (MARPOL):

International Oil Pollution Prevention (IOPP) Certificate.

Oil Record Book part I & II

Shipboard Oil Pollution Emergency Plan

Garbage Management Plan , Garbage Record Book

International Sewage Pollution Prevention (ISPP) Certificate.

International Air Pollution Prevention (IAPP) Certificate.

International Anti-Fouling System (AFS) Certificate.

Garbage Management Plan.

Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk

Certificate of Fitness for the Carriage of Liquefied Gases in Bulk

P&A Manual

COW Manual

International Ballast Water Management (BWM) Convention:

Ballast Water Management Plan (BWMP).

Ballast Water Record Book.

International Ship and Port Facility Security (ISPS) Code:

Ship Security Plan (SSP).

Ship Security Certificate (SSC).

Continuous Synopsis Record (CSR)

International Maritime Dangerous Goods (IMDG) Code:

Dangerous Goods Manifest.

Dangerous Goods Declaration.

Other convention:

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Certificate of Insurance or Other Financial Security in respect of Civil Liability for Oil Pollution Damage (CLC
Certificate)

International Convention on Civil Liability for Oil Pollution Damage (CLC) & FUND Convention
1969, PROTOCOL 1992
68. Write short notes on Civil Liabilities Convention

 It is a convention that addresses civil liabilities for oil pollution damage caused by maritime accidents
involving oil tankers.
 It was adopted in 1969, by IMO.
 The convention sets limit of liabilities for ship owner for oil pollution damage.
 The liability limit is based on ship’s tonnage.
 Ship owners are required to maintain insurance or other financial security to cover their liability under the
convention.
 This ensures that funds are available for compensation in the event of an oil spill.
 The Convention consists of total of twelve articles.
 The convention has been amended over the years to address emerging issues. Notable amendments include
1992 protocol increasing the limit of liability and introducing supplementary fund.
 Also protocol in 2000 which further increased the limit of liability.

Objectives:

 Ensure adequate compensation is available to persons who suffer from oil pollution by ships even if the
Owner is unable to pay the same
 Adopt uniform international rules & procedures to determine Civil Liability etc. for losses due to pollution of
oil from ships.
 To encourage Governments and others to feel more confident in taking early and decisive action in
containing/minimizing the adverse effects of oil pollution.

Application:

 All Oil tankers if involved in pollution in territorial waters and EEZ.

 It does not apply to war ships and to State-owned ships
 It covers pollutions involving persistent oil

Liability:

The owner of every tanker is liable for pollution damage caused by his tanker unless the damage is caused by

- resulted from an act of war

- If caused intentionally by third party
- If caused due to negligence of government or authority responsible for maintenance of lights and
navigational aids.

The owner of every tanker may limit is total liability in the following manner:

- For tanker up to 5000 GRT: Liability is limited to 4.51 million SDR

- For tanker 5000 to 140000 GRT: liability is limited to 4.51 million SDR plus 631 SDR for each additional per
Tones over 5000 GT.
- For a ship over 140000 GRT liability is limited to 89.77 million SDR.

69. Write short notes on Fund Convention.

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INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR
OIL POLLUTION DAMAGE.
Purpose:

 The Fund Convention was adopted in 1971 to supplement the Civil Liability Convention (CLC)
 Main aim is to provide compensation for losses due to pollution where the security provided by the 1992
CLC is inadequate.
 It establishes an international fund to meet the above objective.

The International Oil Pollution Compensation Fund (IOPC Fund):

 The Fund Convention establishes the International Oil Pollution Compensation Fund as an intergovernmental
organization responsible for administering the compensation fund.
 The IOPC Fund is financed by contributions from oil importers in participating countries.

Compensation and Limits:

 The Fund Convention sets out a two-tier compensation system.

 The shipowner is primarily liable under the CLC, and the compensation is initially paid from the shipowner's
liability insurance or other financial security.
 If the damage exceeds the CLC limit, the claimant can seek additional compensation from the IOPC Fund.
 Maximum amount of compensation payable from the IOPC fund for a single incident, including the limit
established under 2000 CLC amendments, is 203 Million SDR.
 However, if three states contributing to the Fund receive more than 600 Million tons of oil per annum,
maximum amount is raised to 300,740,000 SDR

Supplementary Fund Protocol:

 Similar to the CLC, there is a Supplementary Fund Protocol that provides additional compensation beyond
the limits of the Fund Convention.
 The Supplementary Fund is also financed by contributions from participating countries.

Claims and Procedures:

 The Fund Convention establishes procedures for making claims and determining the compensation amounts.
 It also outlines the responsibilities and obligations of the claimants, the shipowner, and the IOPC Fund in the
claims process.

70. Describe the CLC and Fund Convention as the two-tier compensation mechanism against pollution related
claims.

CLC & Fund – A two tier compensation Mechanism:

 CLC is a convention that addresses civil liabilities for oil pollution damage caused by maritime accidents
involving oil tankers.
 It was adopted in 1969, by IMO.
 The convention sets limit of liabilities for ship owner for oil pollution damage.

 Ship owners are required to maintain insurance or other financial security to cover their liability under the
convention.
 This ensures that funds are available for compensation in the event of an oil spill and this is the first tier of
the compensation mechanism.
 The Fund Convention was adopted in 1971 to supplement the Civil Liability Convention (CLC)
 Main aim is to provide compensation for losses due to pollution where the security provided by the 1992
CLC is inadequate.
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  It establishes an international fund to meet the above objective.
 If the damage exceeds the CLC limit, the claimant can seek additional compensation from the IOPC Fund
 And thus, acts as a second tier of the compensation mechanism.

Liability – CLC & FUND convention:

 Under CLC the compensation is primarily paid by the shipowner's liability insurance or financial security.
 The liability limit is based on ship’s tonnage
 Under Fund convention, the IOPC Fund is financed by contributions from oil importers in participating
countries.
 Contribution to the fund is based on the quantity of oil imported by each country.

Limitations of Liability under CLC 1992:

 For tanker up to 5000 GRT: Liability is limited to 4.51 million SDR
 For tanker 5000 to 140000 GRT: liability is limited to 4.51 million SDR plus 631 SDR for each additional per
Tones over 5000 GT.
 For a ship over 140000 GRT liability is limited to 89.77 million SDR.
Limitations of Liability under FUND 1992:
 The maximum limit of liability under the Fund 1992 Protocol is 203 million Special Drawing Rights (SDR), in
addition to the shipowner's liability under the CLC 1992.
 However, if three states contributing to the Fund receive more than 600 Million tons of oil per annum,
maximum amount is raised to 300,740,000 SDR

71. Explain difference between CLC 92 and FUND 92.

S. No Civil Liability Convention Fund Convention

1 Adopted in 1969, protocol 1992. Adopted in 1971, protocol 2003
It is a legal instrument to support the objectives of the
2 The CLC is a standalone convention
CLC.
The CLC focuses on establishing liability and It does not establish liability but supplements the CLC
3 compensation for oil pollution damage caused by providing additional compensation when the
by ships. damage exceeds the limits set by the CLC
It is a primary layer of compensation for oil
4 It acts as a secondary layer of compensation.
pollution damage.
The compensation is primarily paid by the The Fund Convention establishes an international
5 shipowner's liability insurance or financial fund, the IOPC Fund from which compensations are
security. paid.
Does not require contributions from member Require contributions from oil importing companies
6
state. of the member state.
Contribution to the fund is based on the quantity of
7 Liability is based on the tonnage of the ships.
oil imported by each country.
For tankers with a tonnage not exceeding
5,000 gross tons, the maximum liability limit is
4.51 million Special Drawing Rights (SDR)

8 For tankers with a tonnage between 5,000 Maximum is 203 SDR.

and 140,000 gross tons, the maximum liability
limit is calculated using a sliding scale, which
ranges from 4.51 million SDR to 89.77 million
SDR.

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72. Write a short note on HNS convention?
The International Convention on Liability and Compensation for Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea.
Purpose:

 The HNS Convention was adopted in 1996.

 Its main objective is to establish a comprehensive legal framework for compensating victims of accidents
involving HNS during maritime transport.

Scope:

 The HNS Convention covers a wide range of substances defined as hazardous and noxious, including
chemicals, liquefied gases, and other substances that pose a threat to human health, the environment, and
property.
 It applies to both liquid and solid HNS cargoes carried on ships engaged in international trade.

Liability and Compensation:

 The HNS Convention sets out a regime of strict liability for shipowners for damage caused by HNS spills or
accidents, irrespective of fault.
 It establishes mandatory insurance or other financial security requirements for shipowners to ensure the
availability of compensation for victims.
 Maximum liability is 250 million SDR.

HNS Fund:

 The HNS Convention establishes an international fund, the HNS Fund, which provides additional
compensation beyond the limits of liability.
 The fund is financed by contributions from receivers of HNS cargoes and is administered by an international
organization known as the HNS Fund Assembly.

73. The 2002 amendments to CLC 92 and FUND 92 are incorporated into the M.S. Act 1958; what additional
benefits are available to the State?

 The 1992 Protocol significantly increased the limits of liability for oil pollution damage.
 This means that states and their residents have access to higher compensation amounts in the event of an
oil spill from a tanker covered by the CLC and the Fund Convention.
 It introduced simplified and streamlined processes for submitting and processing claims, making it easier
for states and claimants to access compensation in a timely manner.
 The 1992 Protocol also established the Supplementary Fund under the Fund Convention.
 The Supplementary Fund provides additional compensation beyond the limits of liability set by the
conventions.
 Thus, states can access an extra layer of compensation for damages that exceed the standard limits.

 The original CLC of 1969 set the following are maximum compensation amounts:

- For tankers not exceeding 5,000 gross tonnage: 1 million Special Drawing Rights (SDR).
- For tankers over 5,000 gross tonnage but not exceeding 140,000 gross tonnage: 170 SDR per GT
- For tankers over 140,000 gross tonnage: 25.5 million SDR
 Under the protocol of 1992 following are the maximum compensation amounts:
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 - For tanker up to 5000 GRT: Liability is limited to 4.51 million SDR
- For tanker 5000 to 140000 GRT: liability is limited to 4.51 million SDR plus 631 SDR for each additional
per Tones over 5000 GT.
- For a ship over 140000 GRT liability is limited to 89.77 million SDR.

74. Describe the salient features of bunker convention or Explain the purpose bringing out the international
convention on civil liability for bunker oil pollution damage.

The Bunker Convention, adopted in 2001, establishes a framework for liability and compensation for pollution
damage caused by spills of bunker oil from ships.
Purpose:
 The Bunker Convention aims to ensure that compensation is available to those who suffer damage caused
by spills of bunker oil from ships.
 Bunker oil refers to the fuel oil used on board ships for propulsion or operation.
Liability and Compensation:
 The Bunker Convention imposes strict liability on the registered owner of a ship for pollution damage
caused by spills of bunker oil.
 The shipowner is responsible for providing compensation to those affected, regardless of fault.
 The convention also sets out the limits of liability, which are based on the tonnage of the ship.
 For ships not exceeding 2,000 gross tonnage: 1 million Special Drawing Rights (SDR).
 For ships over 2,000 gross tonnage: 2.5 million SDR, plus an additional amount calculated per ton in excess
of 2,000 gross tonnage, up to a maximum of 10 million SDR
Compulsory Insurance:
 The Bunker Convention requires ships of certain tonnages to carry insurance or other financial security to
cover their liability for bunker oil pollution damage.
 This ensures that there are sufficient funds available for compensation in the event of an incident.
Relationship with Other Conventions:
 The Bunker Convention works alongside other international liability and compensation conventions, such
as the Civil Liability Convention (CLC) and the International Oil Pollution Compensation Fund (IOPC Fund)
regime.
 It ensures that there is a comprehensive legal framework to address different types of oil pollution
incidents.

75. State the admissible claims including the limitations of liability for the ship owner under CLC 1992 and
limitation limit specified in FUND 1992 Protocol.
Admissible Claims under CLC 1992:
 Pollution Damage: The shipowner is liable for compensation for pollution damage caused by oil spills from
their tanker.
 Clean-up Costs: The shipowner is responsible for reimbursing reasonable costs incurred in cleaning up and
preventing or minimizing pollution damage.
Admissible Claims under Fund 1992 Protocol:
 Supplementary Compensation: The Fund 1992 Protocol provides for additional compensation to
claimants who have exhausted the shipowner's liability under the CLC 1992.
 This compensation is intended to cover damages exceeding the CLC limits, subject to certain conditions.
Limitations of Liability under CLC 1992:
 For tanker up to 5000 GRT: Liability is limited to 4.51 million SDR

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  For tanker 5000 to 140000 GRT: liability is limited to 4.51 million SDR plus 631 SDR for each additional per
Tones over 5000 GT.
 For a ship over 140000 GRT liability is limited to 89.77 million SDR.
Limitations of Liability under FUND 1992:
 The maximum limit of liability under the Fund 1992 Protocol is 203 million Special Drawing Rights (SDR), in
addition to the shipowner's liability under the CLC 1992

Internationa Convention on Salvage, 1989

76. Define Salvage. State the criteria for fixing the reward as per Article 13 of Salvage Convention.
Salvage:
Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in
navigable waters or in any other waters whatsoever
Article 13: Criteria for fixing the reward:
The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria:
 (a) the salved value of the vessel and other property;
 (b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;
 (c) the measure of success obtained by the salvor;
 (d) the nature and degree of the danger;
 (e) the skill and efforts of the salvors in salving the vessel, other property and life;
 (f) the time used and expenses and losses incurred by the salvors;
 (g) the risk of liability and other risks run by the salvors or their equipment;
 (h) the promptness of the services rendered;
 (i) the availability and use of vessels or other equipment intended for salvage operations;
 (j) the state of readiness and efficiency of the salvor's equipment and the value thereof
 Payment of a reward fixed shall be made by all of the vessel and other property interests in proportion to
their respective salved values.
 The rewards, exclusive of any interest and recoverable legal costs, shall not exceed the salved values of the
vessel and other property.

77. What are the rights and duties of salvor as per international salvage convention 1989?
Article 8: Duties of the salvor

 The duty of the salvor to the owner of the vessel is: -

- To carry out salvage operations with due care
- To exercise due care to prevent or minimize damage to the environment
- If circumstances require, seek assistance from other salvors
- Accept the intervention of other salvors when reasonably requested to do so by the owner or master.
Rights of the Salvor:
 Article 12: Successful salvage operation give right to a reward.
 Article 14: If the salvor engaged and salvage but failed to earn reward as he has not met the criteria for
reward, he is entitled for special compensation from the owner of the vessel equivalent to his expenses.
 In the above case, if the salvor has minimized the damage to the environment during his attempt of salvage,
the owner shall increase the special compensation up to 30% of the expenses incurred by the salvor.

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  Article 15: The apportionment of a reward between the salvors shall be on the basis of the criteria set out
for rewarding salvage.
 The apportionment between the owner, master and other persons in the service of each salving vessel shall
be determined by the law of the flag of that vessel.
 Article 16: A salvor of human life shall not expect any reward unless he has also participated in salvage of
vessel or property or minimizing damage to the environment.

78. Explain Special Compensation P & I Club’s (SCOPIC) clause.

 It is supplementary to any Lloyd’s Open Form Salvage Agreement “No Cure – No Pay” which incorporates the
provisions of Article 14 of the International Convention on Salvage 1989.
 Used with LOF 2000 is known as “Scopic 2000
 Determines the method of assessing special compensation where payable under Article 14(1) to 14(4) of the
Convention. Special compensation assessed in accordance with the Scopic Clause is called “Scopic
remuneration.
 Does not change the “no cure – no pay” principle as applying to the salvage award, since that it separates
from special compensation.
 SCOPIC once invoked was applicable in all geographical locations and was not limited to coastal and inland
sea.
 SCOPIC was applicable even if there was no threat to the environment.
 SCOPIC clause required a security deposit of USD 3 million within 2 days, this made the salvors absolutely
sure of securing their payments.
 It is up to the salvors if he wants to invoke SCOPIC or not and he can invoke it at any time.
 If SCOPIC clause is invoked and the salvor was able to save the property and hence was eligible for award as
per Article 13 of salvage compensation, his reward will be reduced by 25%.
 Allows the vessel owners, once the Clause has been invoked, to appoint at their sole option a Shipowner’s
Casualty Representative (“SCR”) to attend the salvage operation in accordance with the terms and
conditions.
 Allows the Hull and Machinery underwriter (or, if more than one, the lead underwriter) and one owner or
underwriter of all or part of any cargo on board to each appoint one special representative, called,
respectively, the Special Hull Representative and the Special Cargo Representative, to attend the casualty to
observe and report on the salvage operation in accordance with the terms.

79. Explain criteria for assessing special compensation P&I club, (SCOPIC Clause).
SCOPIC Renumeration:
 It is payable only by the owners of the vessel (and not by the cargo owners)
 Is only payable to the extent that it exceeds the total Article 13 award (the salvage award) or, none if
rewarded under Article 13.
 Where the owner of the vessel is a member of a P&I club, the club will normally pay the special
compensation
 It’s not a General Average expense (unlike the salvage award). –
 It is assessed on the basis of a tariff of rates for personnel, tugs and other craft, portable salvage equipment,
out of-pocket expenses, and bonus due.
 The tariff forms Appendix A to the Scopic Clause.
 The salvage services under the main agreement continue to be assessed in accordance with Article 13 of the
Salvage Convention, even if the contractor has invoked the Scopic Clause.

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80. What was the necessity of incorporating SCOPIC Clause in LOF-2000 when special compensation was
covered under Article 14 of International Salvage convention 1989?

 Article 14 – Special Compensation in International Salvage convention was introduced to lure the salvors to
take up the high-risk salvage contracts where potential damage to marine environment and oil pollution.
 Article 14 was only applicable in coastal and inland waters and it was applicable only if there was a threat to
the environment, which the salvors need to prove.
 Ship owners and P&I clubs were concerned that salvors could unnecessarily prolong the salvage operation to
claim more expenses under Article 14.
 To solve these issues and concerns of both the ship owners and salvors, SCOPIC (Special Compensation P & I
Club) clause was introduced.
 It was decided to incorporate SCOPIC clause in Lloyd’s Open Form (LOF) without making any changes to the
salvage convention.
 SCOPIC Clause once invoked substitutes Article 14 of salvage convention.
 SCOPIC once invoked was applicable in all geographical locations and was not limited to coastal and inland
sea. Also, SCOPIC was applicable even if there was no threat to the environment.
 SCOPIC was applicable even if there was no threat to the environment.
 SCOPIC clause required a security deposit of USD 3 million within 2 days, this made the salvors absolutely
sure of securing their payments.
 It is up to the salvors if he wants to invoke SCOPIC or not and he can invoke it at any time.
 If SCOPIC clause is invoked and the salvor was able to save the property and hence was eligible for award as
per Article 13 of salvage compensation, his reward will be reduced by 25%.
 Hence, if the salvor is absolutely certain and is sure for the success of salvage operation, he will not invoke
SCOPIC Clause.
 This way, SCOPIC clause proved to be helpful to both Ship owners as well as the Salvors and hence is widely
accepted by both the parties.

81. Explain “No Cure, No Pay principle” in Salvage. How this principle has been adapted to accommodate the
problem of pollution by Lloyd’s Open Form and International Salvage Convention?
“No Cure, No Pay” Principle:
 “No Cure, No Pay” is the fundamental principle under which Lloyds Open Form (LOF) operates.
 If the salvor engaged to conduct salvage services under LOF is unsuccessful in saving the ship and or cargo,
then they get no reward.
 Even though, they might have spent significant amount of resources in achieving success, they might not get
any reward.
 They would hope for a fair reward only if they were successful in salvaging the ship and or cargo.
 Due to this, it has become financially hazardous affair for salvors.
Adaptation of the principle:
 Until 1970, i.e. until LOF 70 it was a straight “No cure, No Pay” contract.
 The 1980 edition (LOF 80) moved away from the traditional principle by providing a “safety net” for salvors
who agreed to the salvage of loaded oil tankers.
 The safety net guaranteed is that, in case the value of the salvaged property is insufficient to provide for
normal salvage reward, the salvor would still get the expenses they incurred for salvage.
 In addition to this, they would also receive an increment of up to maximum of 15% of his expenses.
 These features were intended as incentives to persuade the declining number of professional salvors to stay
in the salvage business.
 An improved incentive scheme, similar to the above feature was introduced in article 14 of the International
Salvage Convention, 1989. This is known as the “Special Compensation”

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  This is payable to the salvor, only if the salvor has prevented or minimised damage to the environment and
the value of salved property is insufficient for normal salvage reward. Salvage must be in coastal or inland
waters.
 LOF 90 gave immediate effect to article 14 and was incorporated.
 As the salvors were not satisfied as article 14 was applicable in coastal waters and also only if there was a
threat to the environment which the salvors need to prove.
 Thus, SCOPIC clause was introduced and included in LOF 2000.
 SCOPIC Clause once invoked substitutes Article 14 of salvage convention.
 SCOPIC once invoked was applicable in all geographical locations and was not limited to coastal and inland
sea. Also, SCOPIC was applicable even if there was no threat to the environment.
 SCOPIC was applicable even if there was no threat to the environment.
 SCOPIC clause required a security deposit of USD 3 million within 2 days, this made the salvors absolutely
sure of securing their payments.
 It is up to the salvors if he wants to invoke SCOPIC or not and he can invoke it at any time.
 If SCOPIC clause is invoked and the salvor was able to save the property and hence was eligible for award as
per Article 13 of salvage compensation, his reward will be reduced by 25%.

82. What are the duties of a Salvor, Master and Owner as per LOF?
Article 8: Duties of the salvor and of the owner and master:
The salvor shall owe a duty to the owner of the vessel or other property in danger:
- to carry out the salvage operations with due care
- to exercise due care to prevent or minimize damage to the environment
- whenever circumstances reasonably require, to seek assistance from other salvors
- to accept the intervention of other salvors when reasonably requested to do so by the owner or master of
the vessel or other property in danger
The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor:
- to co-operate fully with him during the course of the salvage operations;
- to exercise due care to prevent or minimize damage to the environment
- when the vessel or other property has been brought to a place of safety, to accept redelivery when
reasonably requested by the salvor to do so.

83. As per the Salvage Convention, 1989, describe the following:

a) Condition for reward
b) Criteria for fixing the reward
c) Special Compensation
Article 12: Conditions for reward

 Only a salvage operation with useful result will give the right to reward.
 No payment is due if the salvage operations do not have useful result.
 This is applicable, even if the owner is same for salved vessel and vessel undertaking the salvage operations.
Article 13: Criteria for fixing the reward: Same as mentioned in earlier question
Article 14: Special Compensation
 If the salvor engaged and salvage but failed to earn reward as he has not met the criteria for reward set out
in article 13, he is entitled for special compensation from the owner of the vessel equivalent to his expenses.
 In the above case, if the salvor has minimized the damage to the environment during his attempt of salvage,
the owner shall increase the special compensation up to 30% of the expenses incurred by the salvor.

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  The tribunal considering all the circumstances and bearing in mind the relevant criteria set out in article 13,
may increase such special compensation up to 100% of the expenses incurred by the salvor.
 The salvors expenses for the purpose of above are:
- Out of pocket expenses reasonably incurred
- Fair rate for equipment and personnel actually and reasonable used
 Special compensation shall be paid only if the expenses incurred by the salvor in salvage operation is more
than the salvage reward.
 If the salvor has been negligent and failed to prevent or minimize damage to the environment, he may not
be paid whole or part of any special compensation.
 The owner has the right of recourse.

84. State the salient features of Lloyd’s open form (LOF).

 Should be used where the ship or marine environment are at risk and the master has insufficient time to
request the owner to arrange salvage services on the basis of a pre-agreed rate or sum.
 Does not need to be on board; the masters of the vessels involved simply need to expressly agree to its
terms before the salvage services commence.
 Is regarded by the International Salvage Union as a major advance, with clear, user-friendly language and
many innovations.
 It is a single sheet (2-page) document in a simplified format.
 Has a boxed front-page layout with numbered boxes for information to be entered
- 1. Name of the salvage contractors;
- 2. Property to be salved (vessel’s name to be inserted);
- 3. Agreed place of safety;
- 4. Agreed currency of any arbitral award and security (if other than US dollars);
- 5. Date of agreement;
- 6. Place of agreement;
- 7. “Is the Scopic Clause incorporated into this agreement?” Yes/No;
- 8. Name and signature of person signing for and on behalf of the Contractors;
- 9. Name and signature of Captain or other person signing for and on behalf of the property, with
- signature;
 Latest version of LOF is LOF – 2020.
 Contains clauses from A to L and two important notices.
 Contains a clear statement – of importance to the salvor in responding to a casualty – that the salvor is
entitled to all information relevant to the performance of the salvage.
 Contains more balanced arrangements for the termination of salvage services
 Defines the conditions under which a casualty is in a safe condition for redelivery to the owner.

85. How do you differentiate between salvage and towage?

S. No Salvage Towage
1 Salvage is done to save a vessel in distress Towage is rendered to vessel not in distress.
Voluntary services rendered. Service rendered by pre-arranged contract.
Remuneration based on the salved value or
2 Remuneration is fixed
cost incurred to the salvor
Carried out to save a vessel, prevent or
3 Carried out due to lack of self- propulsion
minimize danger to environment.
4 Danger element is always present. Danger element is not always present.
5 Governed by maritime law Governed by contract law

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 Success element is most often required or
6 proof of mitigation of environmental Success element is not necessary
damage
7 Incurs maritime lien. No lien for the service rendered

86. Differentiate between Salvage and General Average.

S. No Salvage General Average
It is an act to save a vessel, cargo in danger It is loss due to deliberately inflicted damage on the
1 and thereby minimizing the danger to vessel, fuel or cargo or all three to save all three from
environment. common peril
Remuneration based on the salved value or Remuneration based on the loss incurred by the owner
2
cost incurred to the salvor. of the ship and cargo.
Most often, salvage expenditure will be a
3 Not all cases of general average will consist of salvage.
general average.
Governed by International Salvage
4 Governed by York-Antwerp Rules.
Convention.
Success element is most often required or
6 proof of mitigation of environmental Success element is required to be a general average act.
damage
In case of failed attempt, salvor is entitled
8 for special compensation provided he meets No such provision.
criteria set out in Article 14.
Salvors will have lien on the salvaged Ship owner will have lien on the saved cargo onboard
7
property. until Bond or letter of guarantee is provided.

87. What are the amendments made in the LOF 2011?

Two new clauses appear on page 2 under IMPORTANT NOTICES are added and are numbered 3 and 4 respectively
Clause 3: Awards
The Council of Lloyd’s is entitled to make available the Award, Appeal Award and Reasons on www.lloydsagency.com
(the website) subject to the conditions set out in Clause 12 of the LSSA Clauses
LOF Awards, Appeal Awards and Reasons have traditionally been confidential to the parties involved.
Lloyds Salvage Group, has unanimously agreed that arbitrators award and the reasons will be accessible via
subscription to the appropriate area of Lloyd’s website at www.lloydsagency.com.

Clause 4: Notification to Lloyd’s

Salvors are required to notify the council of Lloyds within 14 days of their engagement and forward the signed LOF
agreement or a true copy thereof to council of Lloyds as soon as possible. The council will not charge for such
notification.
The intention is to improve the transparency of the LOF procedure and allow the LOF pane of arbitrators to review
these agreements and consider their enforceability
.
88. As a Towing vessel Master, what all factors are to be considered before getting engaged in Towing
operations at sea?
The master must make sure whether the operation is a normal towage operation or a salvage operation.
In case of a towage operation, he must make sure a regular charter party and related terms for the services rendered
are available.
In case of salvage operation following should be considered:

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  Does the contract of carriage (as contained in the charter party or bill of lading) give the vessel the liberty to
tow?
 Are there sufficient bunkers and/or fresh water on board for the tow, and will sufficient reserves be
maintained, throughout and after the tow, to meet the stipulations of the owner or charterers?
 Is there a possibility of missing any cancelling date under a charter party?
 Does the nature of the cargo permit a lengthening of the voyage? (This is relevant especially in reefers.)
 Is the vessel’s machinery of adequate power and in good enough condition for towing?
 Is the value of the vessel requesting the tow, plus her cargo, of sufficient value to merit a salvage service?
 Has an agreement to salvage on Lloyd’s Open Form terms been made?
 Has a port of destination or place of safety been agreed?
 Have the owner or manager and any time charterer been notified, so that additional hull insurance can be
arranged if necessary?
 Are proper records of all events and circumstances to date being kept?

MARPOL 1973, PROTOCOL – 1978, 1997

89. List the entries to be made in ORB Part 1 and Part 2.

Oil Record Book:

Part – I:

 As per MARPOL Annex – I, an Oil Record Book Part- 1 is required to record the machinery space operations.
 Every ship of 400 GT and above and oil tanker of 150 GT and above should have ORB Part-I.
 Entry should be made during the following operations
i. Ballasting or cleaning of oil fuel tanks
ii. Discharge of dirty ballast or cleaning water from oil fuel tanks
iii. Collection and disposal of oil residues
iv. Discharge overboard or disposal otherwise of bilge water which has accumulated in machinery
spaces
v. Bunkering of fuel or bulk lube oil
 In case of accidental discharge, a statement should be included in ORB.
 Each operation shall be signed by the responsible officer in charge.
 Each completed page shall be signed by the Master.
 Any failure of Oil filtering equipment should be recorded.
 Should be kept in such a place that it is readily available for inspection.
 It shall be preserved for 3 years after the date of last entry.

Part – II

 Every oil tanker of 150 GT and above shall have oil record book part – II to record cargo/ballast operations.
 It shall be completed on each occasion whenever following operations take place in the ship:-
i. Loading of oil cargo
ii. Internal transfer of oil cargo during voyage
iii. Unloading of oil cargo
iv. Ballasting of cargo tanks and dedicated clean ballast tanks
v. Cleaning of cargo tanks including crude oil washing
vi. Discharge of ballast except from segregated ballast tanks
vii. Discharge of water from slop tanks
viii. Closing of all applicable valves or similar devices after slop tank discharge operations

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 ix. Closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping
lines after slop tank discharge operations
x. Disposal of residues
 In case of accidental discharge, a statement shall be made in the ORB Part II
 Each operation shall be signed by the responsible officer in charge.
 Each completed page shall be signed by the Master.
 Any failure of ODMCS should be recorded.
 Should be kept in such a place that it is readily available for inspection.
 It shall be preserved for 3 years after the date of last entry.
 For a tanker of less than 150 GT, administration shall develop a suitable ORB.

90. What are the contents of SOPEP Manual?

SOPEP Manual:

 Every oil tanker of 150 GT and above and every ship other than an oil tanker of 400 GT and above shall carry
on board a shipboard oil pollution emergency plan approved by the administration.
 Plan shall be in accordance with the guidelines provided by the organization
 Will be in the working language of Master and officers
 Plan shall contain: -
i. The procedure to be followed by the master or other persons having charge of the ship to report an
oil pollution incident.
ii. Includes an initial report format and other subsequent reporting format.
iii. The list of authorities or persons to be contacted in the event of oil pollution
iv. A detailed description of the action to be taken immediately by the persons on board the ship in
order to reduce or control the discharge of oil following the incident.
v. Details of the follow-up actions to be taken, specifying role of shipboard personnel
vi. Various plans of the ship like GA plan, pumping arrangement, midship section, etc
vii. The procedures and point of contact on the ship for coordinating shipboard action with national and
local authorities in combating the pollution.
viii. Inventory of all SOPEP equipment carried onboard
 SOPEP can combined with SMPEP in case the ship also satisfies Annex II regulations.
 Oil tanker of 5000 DWT and more shall have prompt access to computerized, shore-based damage stability
and residual structural strength calculating programs.

-SOPEP Inventory:

Saw Dust Scupper plug Sorbent pillows Nitrile gloves

Protective goggles Disposable suit Non spark scoop Non spark pump
Buckets Heavy duty brooms Oil Spill Dispersant Quick absorbent pads
Brushes Cotton Rags Drum to collect oil 200lts -

91. Discuss the contents and validity of IOPP certificate?

CONTENTS OF IOPP CERTIFICATE:
 a) Name of the Country under whose authority the certificate is issued.
 b) Name of the competent person or RO issuing the Certificate.
 c) Particulars of the ship (Name, Call Sign, POR, GT, DWT, IMO Number)
 d) Type of ship (Oil tanker or not)
 e) Statement that ship has been surveyed and found compliant with regulations of Annex 1 of MARPOL.

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  f) Validity date of the certificate g) Place and Date of Issue of the certificate h) Signature of authorized official
issuing the certificate
 i) Seal or stamp of the authority
 j) Page for Endorsement for annual and intermediate surveys and other endorsements.
 On successful completion of the Initial and Renewal survey, IOPP certificate is issued, with validity not more
than 5 years.
 Annual and intermediate surveys must be endorsed on the Certificate.
 The IOPP certificate ceases to be valid if
- Surveys are not completed in time
- Certificate is not endorsed as required
- Change of Flag

92. State briefly the objectives of the following and state how they contribute to prevent pollution and a safer
environment: i) Ship board oil pollution prevention emergency plan ii) Oil record book for tankers.
Oil Record book for tankers:

Regulatory Compliance:

MARPOL – Chapter 4 – Part C - Regulation 36 : Every oil tanker of 150 gross tonnage and above shall be provided
with an Oil Record Book Part II (Cargo/Ballast Operations)

 MAPROL provides a standardized format of ORB for recording various cargo operations in tankers.
 The ORB helps in documenting all oil-related activities on board the tanker ship, including the discharge and
disposal of oil residues and other oily substances.
 Accurate and detailed documentation is crucial for transparency, accountability, and traceability.
 It provides a record of the quantities of oil transferred or discharged, which can be used for auditing
purposes and investigating any potential environmental violations. It is a document of evidence that the ship
has complied with the MARPOL requirements.
 It is a document using which the inspecting authority can identify whether the vessel has complied with the
necessary regulations.
 The ORB acts as a deterrent against illegal discharges of oil or oily waste into the sea.
 By maintaining a comprehensive record of all oil-related operations, the ORB creates accountability and
promotes responsible behaviour among the crew members.
 The fear of detection and subsequent penalties encourages adherence to proper procedures and prevents
the unauthorized discharge of oil, which could harm marine life and ecosystems.
 By maintaining accurate records of oil-related operations, the ORB contributes to the overall goal of
protecting the marine environment

Ship board oil pollution prevention emergency plan

Regulatory Compliance:

MARPOL – Chapter 5 – Regulation 37 : Every oil tanker of 150 gross tonnage and above and every ship other than an
oil tanker of 400 gross tonnage and above shall carry on board a shipboard oil pollution emergency plan approved by
the Administration.

Response:

 A Shipboard Oil Pollution Emergency Plan (SOPEP) is a document that outlines the procedures and measures
to be taken in the event of an oil pollution emergency on a ship.
 The SOPEP provides a structured and well-defined response plan to address oil pollution emergencies.
 It outlines the immediate actions to be taken in case of an oil spill, including notification procedures,
activation of response teams, and deployment of containment and clean-up resources.
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  A swift and well-coordinated response helps to minimize the spread of oil and contain the environmental
impact.

Preventing Oil Spills:

 It includes detailed strategies for controlling and mitigating oil spills. It identifies the available equipment,
such as oil booms, skimmers, and dispersants, and specifies their deployment procedures.
 The plan also defines the roles and responsibilities of the crew during an emergency, ensuring that they are
trained and prepared to respond effectively.
 By having a comprehensive plan in place, the ship's crew can take prompt and appropriate actions to
prevent or minimize oil pollution, thus safeguarding the marine environment.

Communication and Co-ordination:

 It provides guidelines for establishing communication channels with relevant authorities, coastal states, and
response organizations.
 Effective communication ensures that the appropriate authorities are notified promptly, allowing for a
coordinated response effort

Preparedness and Training:

 Provides guidelines on crew training and drills and exercises to enhance preparedness for oil pollution
emergencies.
 Regular training and drills familiarize the crew with their roles and responsibilities, emergency procedures,
and the use of pollution control equipment

93. State the key regulations of MARPOL 73/78 Annex I relating to prevention of pollution by oil, if complied
with by cargo ships including tankers, would lead to the issuance of IOPP Certificate.
MARPOL –
Chapter 3 – Requirements for Machinery Spaces of All ships:
Part-A – Construction:
Regulation 12A Oil Fuel Tank protection:
Applicable to oil fuel tanks with capacity of 600 cubic metres and above.
Oil fuel tanks shall not have a capacity of over 2,500 m3.

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Ships having aggregate oil fuel capacity of 600 m3 and above oil fuel tanks shall be located above the moulded line of
the bottom shell plating nowhere less than the distance h

H = B/20 m or,
H = 2.0 m, whichever is the lesser.
The minimum value of h = 0.76 m

For ships having an aggregate oil fuel capacity of 600 m3 or more but less than 5,000 m3, oil fuel tanks shall be
located inboard of the moulded line of the side shell plating, nowhere less than the distance w.

W = 0.4 + 2.4 C/20,000

The minimum value of w = 1.0 m.

‘C’ – Total volume of oil fuel of the ship at 98% filling.

For ships having an aggregate oil fuel capacity of 5,000 m3 and over

W = 0.5 + C/20,000 m or
W = 2.0 m, whichever is the lesser.
The minimum value of w = 1.0 m
Regulation 13 – Standard discharge Connection:
To enable pipes of reception facilities to be connected with the ship's discharge pipeline for residues from machinery
bilges and from oil residue (sludge) tanks, both lines shall be fitted with a standard discharge connection.

Part B - Equipment

Regulation 14 - Oil Filtering Equipment:

 Any ship of 400 gross tonnage and above but less than 10,000 gross tonnage shall be fitted with oil filtering
equipment.
 The oil filtering equipment mentioned above shall be capable of allowing discharge of only oily mixture after
passing through the system has an oil content not exceeding 15 parts per million.
 any ship of 10,000 gross tonnage and above shall be fitted with oil filtering equipment which apart from
complying with the above regulation, shall be provided with alarm arrangement to indicate when this level
cannot be maintained.
 The system shall also be provided with arrangements to ensure that any discharge of oily mixtures is
automatically stopped when the oil content of the effluent exceeds 15 parts per million

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Part-C Control of Operation Discharge of Oil:

Regulation 17 ORB Part – I Machinery Space Operations

 Every oil tanker of 150 gross tonnage and above and every ship of 400 gross tonnage and above other than
an oil tanker shall be provided with an Oil Record Book Part I (Machinery Space Operations).

Chapter 4 - Requirements for the Cargo Area of Oil Tankers

Part-A:

Regulation 18: Segregated Ballast Tanks: Every crude oil tanker of 20,000 tonnes deadweight and above and every
product carrier of 30,000 tonnes deadweight and above delivered after 1 June 1982 shall be provided with
segregated ballast tanks.

Regulation 19 - Double hull and double bottom requirements for oil tankers delivered on or after 6 July 1996:

The entire cargo tank length shall be protected by ballast tanks or spaces other than tanks that carry oil as follows:

i. Wing Tanks or spaces

ii. Double bottom tanks or spaces
iii. Turn of the bilge area or at locations without a clearly defined turn of the bilge
iv. Suction wells in cargo tanks

Ballast piping and other piping such as sounding and vent piping to ballast tanks shall not pass through cargo tanks

Cargo piping and similar piping to cargo tanks shall not pass through ballast tanks

Part B – Equipment:

Regulation 31 - Oil discharge monitoring and control system

 Oil tankers of 150 gross tonnage and above shall be equipped with an oil discharge monitoring and control
system.
 The device shall be capable of stopping when the instantaneous rate of discharge of oil content exceeds 30
litres per nautical mile.
 Shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical
mile and total quantity discharged

Regulation 33: Crude Oil Washing Requirement:

 Every crude oil tanker of 20,000 tonnes deadweight and above delivered after 1 June 1982, , shall be fitted
with a cargo tank cleaning system using crude oil washing

Regulation 36 - Oil Record Book, Part II – Cargo/ballast operations

 Every oil tanker of 150 gross tonnage and above shall be provided with an Oil Record Book Part II
(Cargo/Ballast Operations).

94. Enumerate the following amendments to SOLAS/MARPOL with respect of Annex I - Oil residues &
Venting cargo tanks
Resolution MEPC.266(68) (Year – 2015)

Chapter 3 - Requirements for machinery spaces of all ships

Part A - Construction - Regulation 12 – Tanks for oil residues (sludge)

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Revised Regulation 12.3.2 - Designated Pump

“The oil residue (sludge) tank(s) shall be provided with a designated pump for disposal that is capable of taking
suction from the oil residue (sludge) tank(s).”

 Earlier it was a dedicated pump. Now it is no longer required.

 IMO’s unified interpretation states that designated pump is any pump used for the disposal of oil residue
(sludge) through the standard discharge connection or any pump used for the disposal of oil residue (sludge)
through the standard discharge connection.

Regulation 12.3.3 states that “The oil residue (sludge) tank(s) shall have no discharge connections to the bilge
system, oily bilge water holding tank(s), tank top or oily water separators.

 Earlier discharge connections from oil residue tanks to the bilge water holding tanks, tank top or oily water
separators was allowed.
 Also, now Incinerator oil mixing tanks are now regarded as Oil Residue (sludge) service tanks

Revised Regulation 12.3.3.1 - Decanting Sludge to Bilge: It allows for drains, with manually operated self-closing
valves and arrangements for subsequent visual monitoring of the settled water.

Venting of Cargo Tanks:

MSC.392(95) Venting arrangements of cargo tanks:
SOLAS Chapter II – Part C – Regulation 11 – Structural Integrity:
 In addition, for tankers constructed on or after 1 January 2017, the secondary means shall be capable of
preventing over-pressure or under-pressure in the event of damage to, or inadvertent closing of, the means
of isolation.

Secondary means of Venting:

 Ships must have an independent, secondary means of venting for each tank: that is, a full flow
pressure/vacuum (P/V) valve or a pressure sensor that provides an alarm on detecting over-pressure or
under-pressure.
 A pressure sensor is only acceptable as a secondary means if a full flow P/V valve is fitted as the primary
means of venting for each cargo tank, as per the arrangement in SOLAS Regulation II-2/11.6.1.2.
 These changes have been made to protect tanks in the event of a mechanical failure or inadvertent closure
of the isolating valves or devices on the inert gas main/vent branch pipework

95. Describe the discharge criteria for different category of Noxious Liquid substances in Annex II of
MARPOL

MARPOL Annex – II
Chapter 5 Operational Discharges of Residues of Noxious Liquid Substances
Regulation 13 - Control of discharges of residues of Noxious Liquid Substances
Discharge Standards:
Where the provisions in this regulation allow the discharge into the sea of residues of substances in Category X, Y or
Z the following discharge standards shall apply:
 the ship is proceeding en-route at a speed of at least 7 knots in the case of self-propelled ships or at least 4
knots in the case of ships which are not self-propelled;
 the discharge is made below the waterline through the underwater discharge outlet(s) not exceeding the
maximum rate for which the underwater discharge outlet(s) is (are) designed

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  the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a depth of
water of not less than 25 metres

Discharge of residues of Category X:

 A tank from which a substance in Category X has been unloaded, shall be prewashed before the ship leaves
the port of unloading.
 The resulting residues shall be discharged to a reception facility until the concentration of the substance in
the effluent to such facility, as indicated by analyses of samples of the effluent taken by the surveyor, is at or
below 0.1% by weight.
 When the required concentration level has been achieved, remaining tank washings shall continue to be
discharged to the reception facility until the tank is empty.
 Appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the
surveyor.

Discharge of residues of Category Y and Z

 If the unloading of a substance of Category Y or Z is not carried out in accordance with the Manual, a
prewash shall be carried out before the ship leaves the port of unloading, unless alternative measures are
taken to the satisfaction of the surveyor
 The resulting tank washings of the prewash shall be discharged to a reception facility at the port of
unloading or another port with a suitable reception facility provided that it has been confirmed in writing
that a reception facility at that port is available and is adequate for such a purpose.

For High-Viscosity or Solidifying Substances in Category Y the following shall apply

 a prewash procedure as specified shall be applied

 the residue/water mixture generated during the prewash shall be discharged to a reception facility until the
tank is empty
 any water subsequently introduced into the tank may be discharged into the sea in accordance with the
discharge standards

For substances assigned to category Y that are persistent floaters with a viscosity equal to or greater than 50 mPa·s
at 20ºC and/or with a melting point equal to or greater than 0ºC, as identified by '16.2.7' in column 'o' of chapter 17
of the IBC Code, the following shall apply in the areas in paragraph 9:

 a prewash procedure as specified in appendix VI to this annex shall be applied;

 the residue/water mixture generated during the prewash shall be discharged to a reception facility at the
port of unloading until the tank is empty; and
 any water subsequently introduced into the tank may be discharged into the sea in accordance with the
discharge standards

96. Explain the entries to be made in Cargo Record Book for chemical cargoes as per MARPOL Annex II.

MARPOL Annex – II
Chapter 5 Operational Discharges of Residues of Noxious Liquid Substances
Regulation 15 - Cargo record book

After completion of any operation specified in appendix 2 to this Annex, the operation shall be promptly recorded in
the Cargo Record Book.

In the event of an accidental discharge of a noxious liquid substance or a mixture containing such a substance an
entry shall be made in the Cargo Record Book stating the circumstances of, and the reason for, the discharge.
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Each entry shall be signed by the officer or officers in charge of the operation concerned and each page or group of
electronic entries shall be signed by the master of the ship

The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case
of unmanned ships under tow, shall be kept on board the ship. It shall be retained for a period of three years after
the last entry has been made

List of items to be recorded

A) Loading of cargo

1 Place of loading.

2 Identify tank(s), name of substance(s) and Category(ies).

(B) Internal transfer of cargo

3 Name and Category of cargo(es) transferred.

4 Identity of tanks:

 .1 from :
 .2 to :

5 Was (were) tank(s) in 4.1 emptied?

6 If not, quantity remaining in tank(s).

(C) Unloading of cargo

7 Place of unloading.

8 Identity of tank(s) unloaded.

9 Was (were) tank(s) emptied?

 .1 If yes, confirm that the procedure for emptying and stripping has been performed in accordance with the
ship’s Procedures and Arrangements Manual (i.e. list, trim, stripping temperature).
 .2 If not, quantity remaining in tank(s).

10 Does the ship’s Procedures and Arrangements Manual require a prewash with subsequent disposal to reception
facilities?

11 Failure of pumping and/or stripping system:

 .1 time and nature of failure;

 .2 reasons for failure;
 .3 time when system has been made operational.

(D) Mandatory prewash in accordance with the ship’s Procedures and Arrangements Manual

12 Identify tank(s), substance(s) and Category(ies).

13 Washing method:

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  .1 number of cleaning machines per tank;
 .2 duration of wash/washing cycles;
 .3 hot/cold wash.

14 Prewash slops transferred to:

 .1 reception facility in unloading port (identify port)

 .2 reception facility otherwise (identify port).

(E) Cleaning of cargo tanks except mandatory prewash (other prewash operations, final wash, ventilation etc.)

15 State time, identify tank(s), substance(s) and Category(ies) and state:

 .1 washing procedure used;

 .2 cleaning agent(s) (identify agent(s) and quantities);
 .3 ventilation procedure used (state number of fans used, duration of ventilation).

16 Tank washings transferred:

 .1 into the sea;

 .2 to reception facility (identify port)footnote;
 .3 to slops collecting tank (identify tank).

(F) Discharge into the sea of tank washings

17 Identify tank(s):

 .1 Were tank washings discharged during cleaning of tank(s)? If so at what rate?

 .2 Were tank washing(s) discharged from a slops collecting tank? If so, state quantity and rate of discharge.

18 Time pumping commenced and stopped.

19 Ship’s speed during discharge.

(G) Ballasting of cargo tanks

20 Identity of tank(s) ballasted.

21 Time at start of ballasting.

(H) Discharge of ballast water from cargo tanks

22 Identity of tank(s).

23 Discharge of ballast:

 .1 into the sea;

 .2 to reception facilities (identify port) footnote.

24 Time ballast discharge commenced and stopped.

25 Ship’s speed during discharge.

(I) Accidental or other exceptional discharge

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 26 Time of occurrence.

27 Approximate quantity, substance(s) and Category(ies).

28 Circumstances of discharge or escape and general remarks

97. State the contents of SOPEP Shipboard Oil Pollution Emergency Plan (SOPEP) and Shipboard Marine
Pollution Emergency Plan (SMPEP)
SOPEP – As mentioned in earlier question
SMPEP:
MARPOL ANNEX – II CHAPTER 7
Regulation 17 - Shipboard marine pollution emergency plan for Noxious Liquid Substances:

 Every oil tanker of 150 GT and above certified to carry NLS in bulk shall carry on board a Shipboard Marine
pollution emergency plan for NLS (SMPEP)
 Plan shall be in accordance with the guidelines provided by the organization
 Will be in the working language of Master and officers
 Plan shall contain: -
i. The procedure to be followed by the master or other persons having charge of the ship to report an
NLS pollution incident
ii. The list of authorities or persons to be contacted in the event of oil pollution.
iii. A detailed description of the action to be taken immediately by the persons on board the ship in
order to reduce or control the discharge of oil following the incident.
iv. The procedures and point of contact on the ship for coordinating shipboard action with national and
local authorities in combating the pollution.
 It can be combined with SOPEP if Reg.37 of Annex I applies to the vessel which carries NLS.

98. Write short note Disposal option as per Annex IV of MARPOL.

Chapter 3 - Equipment and control of discharge

Regulation 11: Discharge of Sewage

A. Discharge of sewage from ships other than passenger ships in all areas and discharge of sewage from
passenger ships outside special areas

The discharge of sewage into the sea is prohibited, except when:

 the ship is discharging comminuted and disinfected sewage using a system approved by the Administration
at a distance of more than 3 nautical miles from the nearest land,
 or sewage which is not comminuted or disinfected at a distance of more than 12 nautical miles from the
nearest land, provided that, in any case, the sewage that has been stored in holding tanks,
 or sewage originating from spaces containing living animals, shall not be discharged instantaneously but at a
moderate rate when the ship is en route and proceeding at not less than 4 knots;
 the rate of discharge shall be approved by the Administration based upon standards developed by the
Organization or
 the ship has in operation an approved sewage treatment plant which has been certified by the
Administration to meet the operational requirements referred to in regulation 9.1.1 of this Annex, and
 the effluent shall not produce visible floating solids nor cause discoloration of the surrounding water.

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B. Discharge of sewage from passenger ships within a special area

The discharge of sewage from a passenger ship within a special area shall be prohibited:

 for new passenger ships on, or after 1 January 2016 and

 for existing passenger ships on, or after 1 January 2018,

except when the following conditions are satisfied:

 the ship has in operation an approved sewage treatment plant which has been certified by the
Administration of this Annex, and
 the effluent shall not produce visible floating solids nor cause discoloration of the surrounding water.

99. What measures have been taken to control the Sox emission in Annex VI of MARPOL. List the ways in
which a ship can comply with the above.
Measures taken to control the Sox emission:
Annex VI - Regulations for the Prevention of Air Pollution from Ships
Chapter 3 Requirements for Control of Emissions from Ships
Regulation 14 Sulphur Oxides (SOx) and Particulate Matter
 The sulphur content of fuel oil used or carried for use on board a ship shall not exceed 0.50% m/m.
 The worldwide average sulphur content of residual fuel oil supplied for use on board ships shall be
monitored taking into account guidelines developed by the Organization
Requirements within emission control areas
 While a ship is operating within an emission control area, the sulphur content of fuel oil used on board that
ship shall not exceed 0.10% m/m.
 Those ships using separate fuel oils to comply this regulation and entering or leaving an emission control
area shall carry a written procedure showing how the fuel oil change-over is to be done, allowing sufficient
time for the fuel oil service system to be fully flushed of all fuel oils exceeding the applicable sulphur content
prior to entry into an emission control area.
 The volume of low sulphur fuel oils in each tank as well as the date, time, and position of the ship when any
fuel-oil-change-over operation is completed prior to the entry into an emission control area or commenced
after exit from such an area, shall be recorded in such logbook or electronic record book.
The special areas are: -
i. Baltic Sea as defined in Annex I
ii. The North Sea as defined in Annex V
iii. The North American Emission Control Area
iv. The United States Caribbean Sea Emission Control Area
Guidelines on compliance with provision of MARPOL Regulation 14:
DGS Technical Circular No: 031/2019
 The interpretation of ‘fuel oil used on board’ includes fuel oil used in all emission sources including
emergency equipment.
 The regulation 14 prohibits carriage of fuel oil with sulphur content more than 0.5% m/m for use on board
ships on or after 1 March 2020.
 However, the prohibition on the carriage does not apply to ships fitted with ‘equivalent’ means of
compliance permitted by MARPOL Annex VI, Regulation 4, such as exhaust gas cleaning system (EGCS).
 Thus, the ship must either use compliant fuel oil with sulphur content not more than 0.5% m/m or shall have
an EGCS in order to comply with the regulations.
Ships with EGCS System:

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  Ships with EGCS system must have following documents: -
 SOx Emission Compliance Plan (SECP) approved by RO
 SOx Emission Compliance Certificate (SECC) issued by RO
 EGCS Technical Manual for Scheme A or B as applicable
 An On-board Monitoring Manual (OMM) prepared to cover each EGCS unit provided for the fuel oil
combustion equipment.
 An EGC Record Book prepared by manufacturer and approved by RO.
 A data recording and processing device meeting the requirements detailed in MEPC. 259(68)
 Wash water resulting from exhaust gas cleaning systems are not to be discharged into the sea unless it
complies with MEPC 259(68) and applicable local regulations.
Ships without EGCS system using compliant Fuel oil:
 Cleaning of bunker tanks, pipelines, filters etc, may be considered to prevent compatibility and stability
issues during change over.
 It is to be noted that any modification in the fuel oil system is to be approved by the vessel’s classification
society.
 Also, any changes/ modification to engines is to be approved by the engine manufacturer.
 In cases where compliant fuel is not available, a ship is not expected to deviate from the intended route or
unduly delay the voyage to procure compliant bunker fuel.
 The Ship shall proceed her voyage with non-compliant fuel that it has informed flag state, next port PSC and
submits FONAR (Fuel Oil Non-Availability Report)

100. EXPLAIN MARPOL 73/78 Annex –VI amendments dealing with energy efficiency measures and
emission control.

List of amendments dealing with Energy Efficiency Measures:

i. Resolution MEPC.203(62) 2013 - Inclusion of regulations on energy efficiency for ships in MARPOL Annex VI.
ii. Resolution MEPC.278(70) 2016- Data collection system for fuel oil consumption of ship
iii. Resolution MEPC.328(76) - Amendments to MARPOL Annex VI (2021) – SEEMP Part III and CII.
Resolution MEPC.203(62) 2013- Inclusion of regulations on energy efficiency for ships in MARPOL Annex VI

 In accordance with MARPOL Annex VI, on or after 1 January 2013, ships of 400 gross tonnage and above
engaged in international voyage should retain a Ship Energy Efficiency Management Plan (SEEMP) Part I on
board.
 SEEMP is an operational measure that establishes a mechanism to improve the energy efficiency of a ship in
a cost-effective manner.
 The Energy Efficiency Design Index (EEDI) was made mandatory for new ships.
 The EEDI provides a specific figure for an individual ship design, expressed in grams of carbon dioxide (CO2)
per ship’s capacity-mile (the smaller the EEDI the more energy efficient ship design) and is calculated by a
formula based on the technical design parameters for a given ship.

Resolution MEPC.278(70) 2016- Data collection system for fuel oil consumption of ship (SEEMP PART-II)
 Amendments to MARPOL Annex VI, adopted in 2016, request ships of 5,000 gross tonnage and above
engaged in international voyage to collect and report their fuel oil consumption data to the Administration
or a Recognized Organization (RO) from year 2019 (IMO DCS).
 The ships subject to the IMO DCS are required to develop a ship fuel oil consumption data collection plan
(SEEMP Part II) and the plan should be confirmed by the Administration or an RO.

Resolution MEPC.328(76) - Amendments to MARPOL Annex VI (2021) – SEEMP Part III and CII.
 Amendments to MARPOL Annex VI introduced the CII rating from 1 January 2023 based on the annual fuel
consumption of each ship.

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  The ships subject to the CII rating are required to develop a SEEMP (Part III) to include "CII calculation
methodology", "Required CII values over the next 3 years", "implementation plan for achieving the required
CII" and "procedures for self-evaluation and improvement", which should be confirmed by the
Administration or an RO.
 From 2023, the IMO DCS data will be subject to the CII rating, and a rating (A, B, C, D or E) will be given to
each ship from 2024.
 For ships that have E rating in any year or D ratings for 3 consecutive years, it is required to develop a
corrective action plan in the SEEMP Part III and the plan should be confirmed by the Administration or an
RO.

List of amendments dealing with Emission Control:

iv. Resolution MEPC.177(58) as amended by resolution MEPC.251.(66)) 2008 – Nox Technical Code (Tier II)
v. MEPC.280(70) 2016- EFFECTIVE DATE OF IMPLEMENTATION OF THE FUEL OIL STANDARD (0.5%)
vi. MEPC.286(71)2019 Designation of the Baltic Sea and the North Sea Emission Control Areas for NOX Tier III
control)
Resolution MEPC 177(58) as amended by resolution MEPC.251.(66)) 2008:
 The original version of Annex VI, adopted in 1997, established Tier I NOx emission limits for marine diesel
engines with a power output of more than 130 kW.
 These Tier I limit set maximum allowable NOx emission levels based on the engine's operation and are
expressed in grams of NOx per kilowatt-hour (g/kWh) of power produced.
 The first set of amendments to Annex VI, adopted in 2008, introduced more stringent Tier II NOx emission
limits for marine diesel engines.
 Ships constructed on or after 1 January 2000, the maximum emission allowed shall be calculated using
45n(-0.2), where n is the maximum rpm of the vessel.
Maximum allowed emission is 9.8g/kwh for engines with rpm greater than or equal to 2000.

MEPC.280(70) 2016- EFFECTIVE DATE OF IMPLEMENTATION OF THE FUEL OIL STANDARD (0.5%)
 01 January 2020 was set as the date from which all ships - The sulphur content of fuel oil used or carried for
use on board a ship shall not exceed 0.50% m/m.
 The interpretation of ‘fuel oil used on board’ includes fuel oil used in all emission sources including
emergency equipment.
 The regulation 14 prohibits carriage of fuel oil with sulphur content more than 0.5% m/m for use on board
ships on or after 1 March 2020.
 However, the prohibition on the carriage does not apply to ships fitted with ‘equivalent’ means of
compliance permitted by MARPOL Annex VI, Regulation 4, such as exhaust gas cleaning system (EGCS).
 Thus, the ship must either use compliant fuel oil with sulphur content not more than 0.5% m/m or shall have
an EGCS in order to comply with the regulations.
MEPC.286(71) Designation of the Baltic Sea and the North Sea Emission Control Areas for NOX Tier III control)
 The Baltic sea and north-sea were designated as NOx Emission Control Areas.
 Tier III standards shall be complied in NECAS.
 Ships constructed on or after 1 January 2016, the maximum emission allowed shall be calculated using
9n(-0.2), where n is the maximum rpm of the vessel.
Maximum allowed emission is 2.0g/kwh for engines with rpm greater than or equal to 2000.

101. Explain Accidental discharge as per MARPOL, entries to be made and information to be exchanged
with authorities.
 Accidental Discharge: An accidental discharge refers to the unintentional release of pollutants into the
marine environment from a ship, such as oil, chemicals, or harmful substances.
 Immediate Action: In the event of an accidental discharge, the ship's crew must take immediate action to
mitigate the discharge and prevent further pollution.
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  Entry in the Oil Record Book (ORB): The ship's crew is required to make entries in the Oil Record Book (Part
I) to record the details of the accidental discharge. This includes information such as the date, time, location,
and circumstances of the incident.
 Reporting to Authorities: The accidental discharge must be reported to the relevant authorities, such as the
coastal state or port authorities, as required by national regulations. This should be done in accordance with
the reporting procedures specified by the authorities.
 Exchange of Information: The ship's crew should provide authorities with all relevant information regarding
the accidental discharge. This includes details of the pollutants involved, the quantity discharged, and the
actions taken to mitigate the pollution and prevent further harm.

102. Write short notes on PSSA.

 A Particularly Sensitive Sea Area (PSSA) is an area that needs special protection through action by IMO because of
its significance for recognized ecological or socio-economic or scientific reasons and which may be vulnerable to
damage by international maritime activities.
 The criteria for the identification of particularly sensitive sea areas and the criteria for the designation of special
areas are not mutually exclusive.
 In many cases a Particularly Sensitive Sea Area may be identified within a Special Area and vice versa.
 Guidelines on designating a "particularly sensitive sea area" (PSSA) are contained in resolution A.982(24)
 These guidelines include criteria to allow areas to be designated a PSSA if they fulfil a number of criteria,
including: ecological criteria, such as unique or rare ecosystem, diversity of the ecosystem or vulnerability to
degradation by natural events or human activities; social, cultural and economic criteria, such as significance of
the area for recreation or tourism; and scientific and educational criteria, such as biological research or historical
value.
 When an area is approved as a particularly sensitive sea area, specific measures can be used to control the
maritime activities in that area, such as routeing measures, strict application of MARPOL discharge and
equipment requirements for ships, such as oil tankers; and installation of Vessel Traffic Services (VTS)
 Great Barrier Reef, Torres Strait, Jomard Entrance, tubutaha seas in sulu sea, Baltic Sea, Canary Islands, etc are
some of the PSSA’s

MARITIME LABOUR CONVENTION, 2006

103. Write short notes on Maritime Labour Convention 2006 and its significance.
 It is an International Labour Convention adopted by ILO in 2006 and widely known as seafarer’s bill of rights.
 It establishes minimum working and living standards for all seafarers.
 It is unique in that it aims both to achieve decent work for seafarers and to secure economic interests
through fair competition for quality ship owners.
 It is considered the fourth pillar of international regulatory regime for quality shipping.
 The convention has 5 titles namely: -

TITLE 1: Minimum Requirements for seafarers to work on ships

TITLE 2: Conditions of Employment
TITLE 3: Accommodation, recreational facilities, food and catering
TITLE 4: Health protection, Medical Care, welfare and Social Security protection.
TITLE 5: Compliance and Enforcement
 It covers almost every aspect of their work and life on board including:

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  Minimum age, SEA, hours of work and rest, payment of wages, paid annual leave and repatriation at the end
of contract, on board medical care, the use of licensed RPS, seafarers complain handing etc.

Significance of MLC 2006:

 The convention is comprehensive and sets out in one place, the international minimum standards of decent
working conditions.
 Under MLC, every seafarer has the rights to:
- Safe and secure workplace that complies with safety standards
- Fair terms of employment
- Decent working and living conditions on board ship
- Health protection, medical care welfare measures and other forms of social protection.
 It provides a level playing field for quality ship owners against others who operate substandard ships.

104. Enumerate the requirements of MLC 2006 towards the following:

a) Minimum requirements for seafarers to work on ships.
b) Seafarers Employment Agreements, Wages
c) RPSL
TITLE 1 – Minimum Requirements for Seafarers to Work on a Ship
Regulation 1.1 Minimum Age:
 The employment, engagement or work on board a ship of any person under the age of 16 shall be
prohibited.
 Night work of seafarers under the age of 18 shall be prohibited.
 The employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work
is likely to jeopardize their health or safety

Regulation 1.2 – Medical certificate:

 Prior to beginning work on a ship, seafarers hold a valid medical certificate attesting that they are medically
fit to perform the duties they are to carry out at sea.
 A medical certificate issued in accordance with the requirements of STCW shall be accepted by the
competent authority.
 The medical certificate shall be issued by a duly qualified medical practitioner and Practitioners must enjoy
full professional independence in exercising their medical judgement
 a medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of
18, in which case the maximum period of validity shall be one year;
 The medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a
minimum be provided in English

Regulation 1.3 – Training and qualifications

 Seafarers shall not work on a ship unless they are trained or certified as competent
 Seafarers shall not be permitted to work on a ship unless they have successfully completed training for
personal safety on board ship
 Training and certification in accordance with the mandatory instruments adopted by the International
Maritime Organization shall be considered as meeting this requirement.

Regulation 1.4 RPSL:

 Each member state if operating a public seafarer RPS shall ensure it is done in a manner that protects
seafarer employment rights.
 If private RPS are operating in the territory of member state it shall be operated in a standardized system of
licensing or certification.
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  RPS shall operate pursuant to a collective bargaining agreement between that organization and a shipowner.
 Member state shall adopt a system in a such a way that prohibits RPS using any means, mechanisms to deter
or prevent seafarer from gaining employment for which they are qualified.
 RPS shall not charge directly or indirectly any charges from seafarers for employing them.
 RPS shall maintain up to date register of all seafarers recruited or placed through them, to be available for
inspection by the competent authority
 make sure that seafarers are informed of their rights and duties under their employment agreements prior
signing.
 Provide arrangements for seafarer to examine their employment agreement prior and after signing the SEA.
 RPS shall verify that seafarers employed by them are qualified and hold necessary documents for the job
concerned.
 RPS shall make sure as far as possible that ship owner has means to protect seafarers from being stranded in
foreign port.
 RPS shall have a system of protection by way of insurance or other equivalent measure to compensate
seafarer for monetary loss incurred as a result of failure of RPS or relevant ship owner under the obligations
mentioned in SEA.

Seafarers Employment Agreements, Wages

MLC 2006 – TITLE 2 – CONDITIONS OF EMPLOYMENT:

Regulation 2.1 - Seafarers’ Employment Agreement:

 The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written
legally enforceable agreement
 The seafarer shall have the opportunity to review and seek advice on the terms and conditions in the
agreement.
 The SEA shall incorporate any applicable CBA.
 The SEA shall be signed by both the seafarer and the ship owner or a representative of the ship owner
providing them with decent working and living conditions on board.
 Both seafarer and ship owner shall have a original copy of the SEA and seafarer shall have access to any
information on board related to the terms and conditions of his employment.
 Where a collective bargaining agreement forms all or part of a seafarers’ employment agreement, a copy of
that agreement shall be available on board.

Regulation 2.2 – Wages:

 All seafarers shall be paid for their work regularly and in full in accordance with their employment
agreements
 Flag states shall ensure that payments due to seafarers working on ships that fly its flag are made at no
greater than monthly intervals and in accordance with any applicable collective agreement.
 Seafarers shall be given a monthly statement of the payments due and the amounts paid, including wages,
additional payments and the rate of exchange used.
 Ship owners to provide seafarers with a means to transmit all or part of their earnings to their families or
dependants or legal beneficiaries.
 Where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against
ships, wages and other entitlements under SEA shall continue.

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105. Enumerate the requirements of MLC 2006 towards the following:
a) Hours of work and hours of rest.
b) Seafarers Employment Repatriation
Regulation 2.3 – Hours of work and hours of rest

 (a) maximum hours of work shall not exceed:

(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period;

OR

 b) minimum hours of rest shall not be less than

(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period
 Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in
length.
 the interval between consecutive periods of rest shall not exceed 14 hours
 Musters, fire-fighting and lifeboat drills, and drills shall be conducted in a manner that minimizes the
disturbance of rest periods and does not induce fatigue.
 When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an
adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.
 Each Member shall require the posting, in an easily accessible place, of a table with the shipboard working
arrangements.
 It shall contain the schedule of service at sea and service in port
 And the maximum hours of work or the minimum hours of rest required by national laws.
 records of seafarers’ daily hours of work or of their daily hours of rest be maintained to allow monitoring of
compliance.
 The seafarers shall receive a copy of the records and shall be endorsed by master or person authorized by
the master and by the seafarer.
 Nothing in this Standard shall be deemed to impair the right of the master of a ship to require a seafarer to
perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for
the purpose of giving assistance to other ships or persons in distress at sea.

Regulation 2.5 Repatriation

 Seafarers have a right to be repatriated at no cost to themselves.

 Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly
repatriated in accordance with the Code.
 Seafarer shall be repatriated under the following condition: -
 if the seafarers’ employment agreement expires while they are abroad
 when the seafarers’ employment agreement is terminated:

(i) by the shipowner; or

(ii) by the seafarer for justified reasons; and also

 when the seafarers are no longer able to carry out their duties under their employment agreement or
cannot be expected to carry them out in the specific circumstances
 the maximum duration of service periods on board following which a seafarer is entitled to repatriation –
such periods to be less than 12 months
 Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards
the cost of repatriation at the beginning of their employment, and also from recovering the cost of
repatriation from the seafarers’ wages

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106. Enumerate the requirements of MLC 2006 towards the following:
a) Accommodation and Recreational Facilities
b) Food and Catering
TITLE 3 – Accommodation, recreational facilities, food and catering

Regulation 3.1 – Accommodation and recreational facilities

 Each Member shall adopt laws and regulations to meet minimum standards to ensure that any
accommodation for seafarers is safe and decent.
 The competent authority shall pay particular attention to ensuring implementation of the requirements of
this Convention relating to:
(a) the size of rooms and other accommodation spaces;
(b) heating and ventilation;
(c) noise and vibration and other ambient factors;
(d) sanitary facilities;
(e) lighting; and
(f) hospital accommodation
 There shall be adequate headroom in all seafarer accommodation.
 The minimum permitted headroom in all seafarer accommodation shall be not less than 203 centimetres.
 The accommodation shall be adequately insulated.
 In ships other than passenger ships.
 Sleeping rooms shall be situated above the load line amidships or aft, except that in exceptional cases,
where the size, type or intended service of the ship renders any other location impracticable, sleeping rooms
may be located in the fore part of the ship, but in no case forward of the collision bulkhead
 proper lighting and sufficient drainage shall be provided.
 Appropriate seafarers’ recreational facilities, amenities and services shall be provided.
 there shall be sanitary facilities within easy access of the navigating bridge and the machinery space or near
the engine room control centre.
 in all ships a minimum of one toilet, one wash basin and one tub or shower or both for every six persons or
less who do not have personal facilities shall be provided at a convenient location.

Regulation 3.2 – Food and catering

 Food and drinking water supplies shall be suitable in respect of quantity, nutritional value, quality and
variety.
 Seafarer shall have adequate, varied and nutritious meals prepared and served in hygienic conditions.
 Catering staff shall be properly trained or instructed for their positions
 Shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found
competent
 Seafarers on board a ship shall be provided with food free of charge during the period of engagement
 No seafarer under the age of 18 shall be employed or engaged or work as a ship’s cook

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107. Enumerate the requirements of MLC 2006 towards the following:
a) Medical Care
b) Food and Catering
TITLE 4 - Health protection, Medical Care, Welfare and Social Security Protection
Regulation 4.1 – Medical care on board ship and ashore

 Each Member shall ensure that measures providing for health protection and medical care, including
essential dental care, for seafarers working on board a ship.
 Ensure that seafarers are given health protection and medical care as comparable as possible to that which
is generally available to workers ashore,
 This shall include prompt access to the necessary medicines, medical equipment and facilities for diagnosis
and treatment and to medical information and expertise.
 give seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where
practicable
 Ship owners shall not charge for any such care provided to the seafarer.

Regulation 4.2 – Shipowners’ liability

 shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and
injury of the seafarers
 shipowners shall provide financial security to assure compensation in the event of the death or long-term
disability of seafarers due to an occupational injury, illness or hazard
 shipowners shall be liable to pay the cost of burial expenses in the case of death occurring on board or
ashore during the period of engagement.
 Where the sickness or injury results in incapacity for work, the shipowner shall be liable to pay full wages as
long as the sick or injured seafarers remain on board or until the seafarers have been repatriated.
 Each Member shall require that ships that fly its flag carry on board a certificate or other documentary
evidence of financial security issued by the financial security provider.
 A copy shall be posted in a conspicuous place on board where it is available to the seafarers

108. Enumerate the requirements of MLC 2006 towards Occupational health, welfare facilities and social
security protection
Regulation 4.3 – Health and safety protection and accident prevention:

Each member state shall adopt laws and regulations on the following:

 Effective implementation and promotion of occupational safety and health policies and programmes
 Reasonable precautions to prevent occupational accidents, injuries and diseases on board ship
 On-board programmes for the prevention of occupational accidents, injuries and diseases and for
continuous improvement in occupational safety and health protection,
 Requirements for inspecting, reporting and correcting unsafe conditions and for investigating and reporting
on-board occupational accidents.
 specify the authority of the ship’s seafarers appointed or elected as safety representatives to participate in
meetings of the ship’s safety committee.
 Such a committee shall be established on board a ship on which there are five or more seafarers.
 Reporting and investigation of occupational safety and health matters shall be designed to ensure the
protection of seafarers’ personal data.

Regulation 4.4 Access to shore-based welfare facilities

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  Each Member shall require, where welfare facilities exist on its territory, that they are available for the use
of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and
irrespective of the flag State of the ship on which they are employed or engaged or work.
 Each Member shall promote the development of welfare facilities in appropriate ports of the country.
 Each Member shall encourage the establishment of welfare boards which shall regularly review welfare
facilities and services

Regulation 4.5 – Social security

 The branches of social security protection are: medical care, sickness benefit, unemployment benefit, old-
age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’
benefit
 Each member state shall provide at least three of the above-mentioned protection.
 The protection shall be no less favourable than that enjoyed by shore workers resident in their territory.
 For the branches of protection not covered by the member state, the member state shall give consideration
to the various ways in which those benefits can be provided.

109. Enumerate the requirements of MLC 2006 towards Roles and responsibilities of Flag State and Port
State as laid down in MLC 2006
Roles and responsibilities of Flag State and Port State as laid down in MLC 2006
TITLE 5 – Compliance and enforcement

Regulation 5.1 – Flag State responsibilities

 General Principle: Each Member is responsible for ensuring implementation of this Convention on ships that
fly its flag.
 Each Member shall establish an effective system for the inspection and certification of maritime labour
conditions.
 A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall
constitute prima facie evidence that the ship has been duly inspected by the Member and that the
requirements of this Convention relating to working and living conditions of the seafarers have been met to
the extent so certified.
 Authorizing RO’s: Member state shall authorize Recognized Organizations to inspect and issue certificates.
 In all cases, the member state is fully responsible for inspection and certification.
 Issuing Certificate: Each Member shall require ships that fly its flag to carry and maintain a declaration of
maritime labour compliance.
 DMLC shall state the national requirements of the Convention for the working and living conditions for
seafarers.
 And setting out the measures adopted by the shipowner to ensure compliance with the requirements on the
ship.
 Inspection and Enforcement: Member state shall have a system for inspecting the ships to ensure that
compliance is maintained with the conditions as stated in the DML.
 Member state shall appoint sufficient number of qualified inspectors to carry out the inspection.
 In case of non-compliance, the member state shall take actions to ensure that steps are taken to remedy the
deficiency.
 On-board Compliant Procedure: Member state shall ensure that on board compliant procedures are in place
and shall seek to resolve complaints at the lowest level possible.
 However, seafarer have a right to complain directly to the master and, where they consider it necessary, to
appropriate external authorities

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  In addition to SEA, all seafarer shall be provided with on board compliant procedures.
 Marine Casualty: Member state shall hold investigations in case of any serious marine casualty, leading to
injury or loss of life. Final report shall be made public.
 Members shall co-ordinate with each other to facilitate such investigations.

Regulation 5.2 – Port State responsibilities

 Inspection in Port: Each foreign ship shall be subject to inspection of compliance with MLC.
 Inspection shall be carried out by authorized officers and availability of MLC and DMLC shall be prima facie
evidence of compliance.
 A detailed inspection shall be carried only when certificates are not produced, or availability of clear grounds
of non-compliance or if there is complaint alleging non-compliance.
 If deficiency is found up on detailed inspection, the inspecting officer shall notify master and provide time
line for rectification.
 If deficiency is significant in the opinion of the inspecting officer, he shall report it to the flag state, ship
owners’ organisation and provide authorities of the next port of call with all relevant information.
 If the condition on board is hazardous to the safety, health or security of the seafarers, or non-conformity
constitute a repeated breach of the convention, the authorized officer shall detain the ship until NC’s have
been rectified.
 In complying with the inspection, the member state shall make all possible efforts to avoid a ship being
unduly detained or delayed.
 Onshore seafarer complaint-handling procedures: Complaint shall be made to authorized officer alleging
non-compliance with MLC.
 Authorized officer up on conducting initial investigation may seek to promote resolution at the ship board
level.
 If the above is not possible, the officer shall notify the flag state seeking action plan or advice within a
prescribed timeline.
 Appropriate steps shall be made to safeguard the confidentiality of complaints made by seafarers.

110. Write short notes on the following as per Maritime Labour Convention 2006:
a) Responsibilities of labour supplying nations
b) Declaration of Maritime Labour Compliance (DMLC).
Regulation 5.3 – Labour-supplying responsibilities

 Each member state is responsible for implementation of the requirements of this Convention regarding the
recruitment and placement of seafarers.
 Each Member shall establish an effective inspection and monitoring system for enforcing its labour-
supplying responsibilities under this Convention.
 The system of inspection and monitoring shall identify any breaches of licensing and other operational
requirements mentioned in the code.

Declaration of Maritime Labour Compliance (DMLC):

Regulation 5.1.3 – Flag State responsibilities – MLC & DMLC:

 Applies To ships of 500 gross tonnage or over, engaged in international voyages

 Each Member shall require its ships to carry and maintain a declaration of maritime labour compliance.
 The declaration of maritime labour compliance shall be attached to the maritime labour certificate. It shall
have two parts. Part I and Part II.

Part I:

 It shall be drawn up by the competent authority and shall contain the following information:
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  i) identify the list of matters to be inspected
 (ii) identify the national requirements relevant to provisions of this Convention
 (iii) refer to ship-type specific requirements under national legislation;
 (iv) record any substantially equivalent provisions adopted
 (v) clearly indicate any exemption granted by the competent authority.

Part II:

 Shall be drawn up by the shipowner and shall contain following information:

 Identify the measures adopted to ensure ongoing compliance with the national requirements.
 The measures proposed to ensure that there is continuous improvement.

111. List the items those are necessarily inspected for issuance of Maritime Labour Compliance Certificate
to a ship. As a Master how will ensure continued compliance as amended by MLC 2006, with regards to
Food and Catering standards on board the ship.

Appendix A5-I

The working and living conditions of seafarers that must be inspected and approved by the flag State
before certifying a ship in accordance with Standard A5.1.3, paragraph 1:

i. Minimum age
ii. Medical certification
iii. Qualifications of seafarers
iv. Seafarers’ employment agreements
v. Use of any licensed or certified or regulated private recruitment and placement service
vi. Hours of work or rest
vii. Manning levels for the ship
viii. Accommodation
ix. On-board recreational facilities
x. Food and catering
xi. Health and safety and accident prevention
xii. On-board medical care
xiii. On-board complaint procedures
xiv. Payment of wages
xv. Financial security for repatriation
xvi. Financial security relating to shipowners’ liability

To ensure Ongoing compliance regards to food and catering:

Title 3 – Accommodation, recreational facilities, food and catering

Regulation 3.2.7:

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In accordance with the ongoing compliance procedures under Title 5, the competent authority shall require that
frequent documented inspections be carried out on board ships, by or under the authority of the master, with
respect to:

 supplies of food and drinking water;

 all spaces and equipment used for the storage and handling of food and drinking water; and
 galley and other equipment for the preparation and service of meals

As a master above inspections shall be made and documented to produce to the competent authorities during
inspections.

112. Describe the following with respect to various MLC Convention:

a) Nature of medical examination prior engaging crew for employment.
b) Circumstances in which an agreement between a seaman and ship owner is duly terminated.
c) Circumstances in which a seaman is entitled to repatriation
TITLE 1 – Regulation 1.2 Medical Certificate:

 Medical certificates shall genuinely reflect seafarers’ state of health in relation to duties they are to perform.
 Competent authority after consultation with the shipowners’ and seafarers’ organizations concerned
prescribe the nature of the medical examination and certificate.
 Practitioners must enjoy full professionalism independence in exercising their medical judgement in
undertaking medical examination procedures.
 Each medical certificate shall state in particular that the hearing, eyesight and colour vision are all
satisfactory.
 It shall also state that the seafarer concerned is not suffering from any medical condition likely to be
aggravated by service at sea.
 The seafarer shall not be suffering from any medical condition that may endanger the health of others
persons on board.
 Validity of medical certificate is 18 months unless age of the seafarer is under 18 years. In that case it shall
be valid for one year.
 Medical certificate shall be provided in English language.

Circumstances in which an agreement between a seaman and ship owner is duly terminated:

TITLE 2 – Regulation 2.1 – Seafarers Employment Agreement:

A2.1.4g:

 If the agreement is made for an indefinite period, SEA shall state the party entitled to terminate it.
 It shall also state the required notice period which shall not be less for ship owner than for the seafarer.
 If the agreement has been made for a definite period, the date fixed for its expiry shall be mentioned and
SEA terminates on that date.
 If the agreement has been made for a voyage, the port of destination and the time which has to expire after
arrival before the seafarer should be discharged.

Circumstances in which a seaman is entitled to repatriation

 if the seafarers’ employment agreement expires while they are abroad

 when the seafarers’ employment agreement is terminated by the shipowner; or by the seafarer for justified
reasons
 when the seafarers are no longer able to carry out their duties under their employment agreement.
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  Each member state shall have appropriate provisions in its laws and regulations prescribing above.
 Seafarer shall not be charged directly or indirectly for repatriation costs.
 Seafarer shall be charged for repatriation when he is found to be in serious default of SEA obligations as per
his national laws or relevant CBA.

HAGUE & HAGUE VISBY RULES

113. Describe the functions of Bill of Lading. What precautions are to be taken prior signing Bill of Lading?
How do these differ under Hague Rules?
Function of Bill of Lading:
i. Receipt for goods received.
ii. Evidence of contract of carriage
iii. Document of title
Receipt for Goods Received:
 BL’s prime function is as a receipt for goods received for shipment.
 The issuance of the B/L is proof that the carrier has received the goods from the shipper or their agent in
apparent good order and condition, as handed over by the shipper.
Evidence of contract of carriage
 The B/L is the EVIDENCE of the contract of carriage entered into between the “Carrier” and the “Shipper or
Cargo Owner” in order to carry out the transportation of the cargo.
 It contains the terms and conditions up on which the goods are accepted for shipment.
Document of Title:
 Possession of an original bill of lading is equivalent in law to the right to possession of the goods described in
the bill.
 If the BL is negotiable, then Title to the goods may be transferred after shipment to a third party.
Precautions prior signing Bill of Lading:
 that the goods have actually been shipped (which may be determined from the ship’s copy of any mate’s
receipt issued; this should be identical to the original mate’s receipt issued to the shipper, which should be
presented by the shipper when requesting his bills of lading);
 The BL must be of proper form, usually ship owners own form or as agreed in charter party.
 The carrier, master or agent shall not be bound to state any marks, numbers, quantity or weight for which he
reasonable suspects not be accurate for the goods being shipped and for which he had no reasonable
grounds for checking.
 Due to this BL must be stamped with “SAID TO WEIGH….. OR SAID TO CONTAIN etc.”
 that the date of shipment is correct, i.e. as stated on the mate’s receipt or standard shipping note;
 that the bill of lading is not marked “freight paid” or “freight prepaid” if not true;
 that any clausing of the corresponding mate’s receipt is also contained in the bill of lading;
 that reference is made to the charter party where one exists;
 that any charter party terms do not conflict with the bill of lading terms; and
 that the number of original bills in the set is stated.
 Every original in the set must be signed

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114. Under the Hague Rules, enumerate the immunities of the shipper and the ship owner (Article IV).
Immunities of Ship owner under Hague Rules:
Loss of cargo due to below causes:
 Act, neglect, or default of the master/ mariner/ pilot/ servant of the carrier in the navigation or in the
management of the ship.
 Fire, unless caused by actual fault of the carrier.
 Perils, dangers and accidents of the sea or other navigable waters.
 Act of god
 Act of war
 Act of public enemies
 Arrest or restrain of princess, rulers or people or seizure under legal process.
 Quarantine restrictions
 Acts or omissions of the shipper or owners of the goods, his agents or representatives.
 Strikes or lockout or stoppage or restraint of labour whether partial or general from whatever cause.
 Riots and civil commotion.
 Saving or attempting to save life or property at sea.
 Wastage in bulk or weight or any loss or damage arising from inherent defect, quantity or vice of goods.
 Insufficiency of packing
 Insufficiency / inadequacy of marks
 Latent defects, not visible by due diligence.
 Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be
considered a breach of the convention or contract of carriage.

Immunities of Ship owner under Hague Rules:

 The shipper shall not be responsible for loss or damage sustained by the carrier or the ship if it is caused
without the act, fault or neglect of the shipper, his agents or his servants.
 Limitation of liability is not applicable to the carrier or ship if it is provided that damage of cargo was
intentional or due to recklessness or with knowledge that damage would result.

115. As per Hague Visby rules, state the following: (a) Article II – Risks, (b) Article III – Responsibilities
and Liabilities.
Article II: Risks
 Every contract of carriage of goods by water the carrier in relations, to loading, handling, stowage, carriage
and discharge shall be subject to responsibilities and liabilities mentioned in Article III.
Article III: Responsibilities and Liabilities
 Before beginning of the voyage, the carrier is responsible for
- making the ship seaworthy; properly man,
- equip and supply the ship; and
- make the holds, refrigerating and other parts in which goods are to be carried fit for safe carriage.
 The carrier shall properly load, handle, stow, carry, care for and discharge the goods.
 After receiving the cargo, the master/carrier/agent shall issue BL.
 The shipper must guarantee the quality and quantity of the cargo to the carrier.
 Any loss or damage or expenses arising out of inaccuracies in such quality or quantity of the cargo shall not
be claimed against the carrier.
 Any loss or damage of the goods shall be brought to the carrier within 3 days.
 The carrier is discharged from all liabilities if action is not brought within 1 year from date of delivery of the
goods.
 Carrier shall issue a “shipped BL”, upon surrendering “received for shipment BL”

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116. What are the differences between Hague and Hague-Visby rules?
S.NO HAGUE RULES HAGUE – VISBY RULES
1 The rules shall have effect and not force law The rules shall have the force of law
10,000 francs per package or unit or 30 francs per KG of
Carrier’s liability – 100 pounds per package or gross weight of goods lost or damage, whichever is
2
unit higher. 666.67 SDR per unit or 2SDR per kg of gross
weight of goods lost or damaged, whichever is higher.
The carrier is discharged from all liabilities if
action is not brought within 1 year from the The period of 1 year may be extended if the parties so
3
date of delivery of the goods or the date when agree after the cause of action have arisen.
they should have been delivered.
Consignee can file suit only for loss or damage Consignee can file suit not only for loss or damage, but
4
to the goods. also for wrong deliver.
Applies to every BL if BL is issued in a contracting state
5 Apply to outward BL or carriage is from a port in a contracting state or if
both parties agree to incorporate.
No reference to the extension of carrier’s Servant or agent of the carrier is entitled to same
6 defences and limits of liability to his servant or defences and limits of liability which the carrier is
agent entitled to invoke under the rules (Himalaya clause)

YORK - ANTWERP RULES

117. What are salient features of York Antwerp rules? Why was it necessary to amend these rules in 1994?
 The York-Antwerp Rules are a set of internationally recognized rules that provide guidelines for the
allocation of general average (GA) expenses in maritime shipping.
 These rules are widely used in commercial shipping contracts and insurance policies.
 They consist of lettered rules and numbered rules. Lettered rules are from ‘A’ to ‘G’ and numbered rules are
from ‘I’ to ‘XXIII’.
 The lettered rules give general guidelines for settling and calculating General Average. Whereas, Number
rules are detailed guidelines for general average.
 The York-Antwerp Rules define general average as an extraordinary and intentional sacrifice or expenditure
made for the common safety of the ship and cargo during a maritime voyage.
 It recognizes that in certain situations, such as during emergencies or to prevent further losses, sacrifices or
expenses may be made for the benefit of all parties involved.
 The York-Antwerp Rules outline the essential elements that must be satisfied for an event to qualify as
general average.
 The rules provide guidance on the types of expenses that may be allowed as general average.
 The York-Antwerp Rules define the methodology for calculating the contributions of each party involved in
the GA event.
 Contributions are typically based on the value of the respective interests at the completion of the voyage,
considering factors such as cargo value, freight charges, and insurance coverage.
 The rules specify a time limit within which parties must submit their general average claims.
 These rules are not mandatory but are inserted in a contract of carriage on agreement between parties.
Reason for amendment in 1994:
 The York-Antwerp Rules were amended in 1994 to address certain inadequacies and reflect changes in the
shipping industry and international trade
 The amendments were needed to account for inflation and currency fluctuations that had occurred over the
years.

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  The amendments aimed to simplify and clarify certain provisions of the rules that had become complex or
unclear over time.
 The rule of interpretation, basis for valuation, rules on recoverable expenditure and time limit for claims
were few of the rules that were made simple and clarified further.
 The amendments were necessary to incorporate modern practices and developments in shipping, such as
advancements in vessel technology, cargo handling, and trade patterns.
 The amendments were made to enhance the international acceptance and adoption of the York-Antwerp
Rules.

118. With reference to York-Antwerp rules, explain the following:

a) Rule I – Jettison of cargo,
b) Rule XI – Wages and maintenance of crew and other expenses putting into and port of refuge,
c) Rule XII – Damage to cargo in discharging etc.

a) Rule I - Jettison of Cargo:

 Rule I of the York-Antwerp Rules addresses the scenario of jettisoning or intentionally throwing cargo
overboard to preserve the safety of the ship and other cargo.
 The rule establishes that when cargo is jettisoned as a result of a general average act, the loss or damage to
the jettisoned cargo should be shared proportionally among all parties with a financial interest in the
voyage.
 The contribution to the jettisoned cargo is calculated based on its value at the time of the general average
act.
b) Rule XI - Wages and Maintenance of Crew and Other Expenses Putting into Port of Refuge:
 Rule XI deals with the allocation of costs related to wages and maintenance of the crew, as well as other
expenses incurred when a ship is compelled to put into a port of refuge due to an event that qualifies as a
general average act.
 The rule states that these expenses, which include crew wages, provisions, fuel, repairs, and other necessary
costs, are to be shared proportionally among all parties with a financial interest in the voyage.
 The contribution to these expenses is calculated based on the value of the interests involved.
c) Rule XII - Damage to Cargo in Discharging, etc.:
 Rule XII addresses the situation where cargo is damaged during the process of discharging, storing, or
handling it after a general average act has occurred.
 The rule specifies that if the damage to the cargo is caused by a general average act or to prevent further
loss, the resulting loss or damage to the cargo is to be shared proportionally among all parties with a
financial interest in the voyage.
 The contribution to the damaged cargo is calculated based on its value at the time of the general average
act.

119. Explain the principle of General Average.

 The principle of general average may be said simply to be: “That which has been sacrificed for the benefit of
all shall be made good by the contribution of all”
 The objective is if owner of a vessel or cargo has incurred expenses or suffered loss in order to save the vessel
and cargo, he must receive contribution to his loss from all those who have benefitted from this action.
 The general average is loss due to deliberately inflicted damage on the vessel, fuel or cargo or all three to save
all three from common peril.

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  The related parties form as a community of peril and expenses caused by the general average shall be born
jointly by the parties.
 The essential features of general average are: -
- The loss must be extraordinary in nature
- The common adventure must be in peril.
- More than one interest must be involved and peril must be real and not imaginary and it must threaten
the whole adventure.
- The GA must be voluntary and intentional. It does not include any accidental loss or damage by maritime
peril.
- The sacrifice or expenditure must be made or incurred reasonably.
- The intention of the sacrifice or expenditure must be the preservation of the property imperilled in the
whole and common adventure.
- It must not be for the safe of the ship alone or the cargo alone.
- The general average act must be successful. That is the end result completion of adventure.
Examples: -
 Use of engine to re-float a grounded ship resulting in damage to hull and machinery.
 Jettisoning of cargo to re float a grounded ship or for safety of the vessel.
 Damage to cargo/ship due to use of water to extinguish the fire.
 Loss of freight on jettisoned cargo.
General Average Expenditure:
 When a vessel is aground in a position of peril and in order to re-float her:
Tugs are engaged to pull the vessel off the strand
Part of cargo is discharged into barges
All expenditure arising out of these operations is GA
General Average Adjustment:
 General average charges are generally ascertained at the ships first port of discharge, after the general
average act it is the duty of the ship owner to appoint the average adjuster.
 If there is no mention of general average clause, then local rules prevail.
 If there it is included in the contract, it shall be according to the York Antwerp rules.
 The onus of proof is upon the party claiming in GA to show that the loss or expense claimed is properly
allowable as GA.
 The parties contribute on their net arrived values at the place where voyage ends and this value is known
as “contributing values”
 The total sum required to reimburse the party who have suffered the general average loss is called the
“amount made good” or “allowance in GA”

120. Which all expenses and/or sacrifices are recoverable under General Average?

The expenses and or sacrifices are recoverable under general average only if they meet one of the below criteria:
 There must be a sacrifice or expenditure.
 The sacrifice or expenditure must be extraordinary.
 The sacrifice or expenditure must be intentionally made or incurred.
 The sacrifice or expenditure must be reasonably made or incurred.
 The sacrifice or expenditure must be made for the common safety.
 The sacrifice or expenditure must be made for the purpose of preserving the property from peril.
The sacrifice or expenditure must be extraordinary:

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  Losing an anchor in attempting to prevent a ship from running aground is not “extraordinary”, since that is
what anchors are meant to do.
 Losing an anchor laid out as ground tackle during a re-floating operation would be “extraordinary”, and the
cost of the lost anchor may be allowed in general average.
The sacrifice or expenditure must be intentionally made or incurred.
 The costs of re-floating an accidentally grounded ship would be allowed in general average, since the act of
re-floating is intentional.
 The costs of damage done by running aground, however, would not be allowed in general average
The sacrifice or expenditure must be reasonably made or incurred
 Where more cargo is jettisoned than was necessary to re-float a grounded ship, the excess would probably
not be allowed in general average.
The sacrifice or expenditure must be made for the common safety.
 Where the refrigerating machinery of a loaded reefer vessel breaks down during a voyage through tropical
waters, and the vessel deviates to nearby port for repairs.
 In this case, the threat of loss is only for the cargo owners, ship could have continued her journey safely to
the destination port.
 Thus, the costs of the deviation to the repair port would not be allowed in general average.
The sacrifice or expenditure must be made for the purpose of preserving the property from peril:
 A vessel which lost main engine power in mid-ocean would be “in peril”, even though the weather at the
time might be good and there seemed to be no immediate threat.
 Sooner or later, ship and cargo would be in danger either by running aground and breaking up or foundering,
etc., so the cost of a tow to a port of refuge would normally be allowed in general average

121. Distinguish between ‘General average’ and ‘Particular Average’.

Particular Average General Average

i. Section 64 of Marine Insurance Act 1963 Section 66 Marine Insurance Act 1963
It is a partial loss incurred with intention of preserving all
ii. It is a partial loss which is not a general average loss
the property.
iii. The loss incurred is not deliberate. The loss incurred is deliberate.

Only one of the insurable interests is in danger i.e. All the insurable interests are in danger i.e. ship, cargo,
Iv
ship or cargo. freight etc.

Loss is compensated by the insurer if it was Loss is divided among each insurable interests’ parties
v.
proximately caused by insured perils. and paid as contribution towards general average loss.

H&M normally compensates against insured perils

mentioned under perils clause. Owners prefer to add
H & M will pay if it has agreed for General Average
vi. “Additional Perils Clause” for ease of proving that
Absorption clause and only to a set limit.
the incident is due to accident instead of trying to
prove that incident is due to one of the insured peril.
Example of General Average: General Average
Example of Particular Average: General Average
vii. Absorption Clauses, General Average Absorption
Absorption Clauses
Clauses

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122. In order to extinguish fire, it has been necessary to flood a hold thereby causing some damage to the
ship and considerable damage to the cargo in that hold. What precautions should the master take on
arrival on port?

 Above scenario is a general average act as the hold is flooded to extinguish the fire which is a common peril
and any damage incurred shall be considered as general average.
 Following a general average act a ship will often make for a “port of refuge”, and it is in these emergency
port calls that, very often, the majority of the general average expenditure is incurred.
Procedures prior arrival:
 Inform owners and charterers as soon as the decision for deviation made.
 Master must collect and have all the evidences to support a valid reason for deviation from voyage is a
justifiable deviation.
 Record all the relevant information.
 Ask owners to appoint an agent at port of refuge to handle to vessels visit.
 Advice agent to inform all concerned parties such as PSC, Pilot, P&I etc of the vessels condition.
Procedures and precautions on arrival:
 Obtain health clearance and enter the vessel in customs as “under average” . Agent must be advised on this.
 Inform the owners, charterers of vessel’s safe arrival.
 A declaration of general average by master / ship owner should be formally made in compliance with local
law and customs before delivery of cargo in order to initiate an adjustment.
 Note of protest must be issued as soon as possible but in any case, within 24 hr and reserving the right “to
extend at a time and place convenient”
 Class surveyor will be arranged to inspect the vessel if there is any hull or machinery damage and stipulates
repairs if required any for maintaining the class.
 Due to cargo damage in this scenario, if a cargo discharge is required prior to any repairs to the hull, a cargo
surveyor suggested by the P&I correspondent must have an unbiased survey.
 If the cargo receivers are taking the discharge at this report, then General Average Bond & General
Average Guarantee must be obtained prior discharging the cargo. And no duplicates allowed in the case of
general average guarantee.
 Repairs if any are carried out under the instructions of class surveyor.
 On completion of repairs, the class surveyor inspects again and provides an interim certificate of class.
 Extend Protest to include all details of the damage and repairs. Obtain copies for owners.
 Send all relevant documents to the owner for onwards delivery to the average adjuster.
 Enter vessel outwards with Customs (in accordance with local regulations, as advised by the agent). Obtain
outwards clearance
 Continue voyage.
123. W.R.T. General average act discusses
i) Expenses ii) Losses iii) Sacrifice iv) Contribution
Expenses:
The expenses and or sacrifices are recoverable under general average only if they meet one of the below criteria:
 There must be a sacrifice or expenditure.
 The sacrifice or expenditure must be extraordinary.
 The sacrifice or expenditure must be intentionally made or incurred.
 The sacrifice or expenditure must be reasonably made or incurred.
 The sacrifice or expenditure must be made for the common safety.
 The sacrifice or expenditure must be made for the purpose of preserving the property from peril.
Examples under York Antwerp Rule:
 cost of hiring a tug to refloat a stranded ship with cargo onboard;

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  cost of discharging cargo in order to refloat a stranded ship or to carry out repairs at a port of refuge;
 salvage costs;
 agency fees at a port of refuge;
 surveyors’ fees;
 warehousing charges;
 port charges;
 master’s and crew’s wages while a ship is being repaired; and
 average adjuster’s fee
Loses:

 The general average is loss due to deliberately inflicted damage on the vessel, fuel or cargo or all three to save
all three from common peril.
 The essential features of general average are: -
- The loss must be extraordinary in nature
- The common adventure must be in peril.
- More than one interest must be involved and peril must be real and not imaginary and it must threaten
the whole adventure.
- The GA must be voluntary and intentional. It does not include any accidental loss or damage by maritime
peril.
- The sacrifice or expenditure must be made or incurred reasonably.
- The intention of the sacrifice or expenditure must be the preservation of the property imperilled in the
whole and common adventure.
- It must not be for the safe of the ship alone or the cargo alone.
- The general average act must be successful. That is the end result completion of adventure.
Sacrifice:
Under York – Antwerp Rules, following are some examples of general average sacrifice:
 damaging engine, propeller or hull in re-floating operations;
 jettison of cargo from underdeck;
 jettison of cargo carried on deck by a recognised custom of the trade; and
 slipping an anchor and cable to avoid a collision.
Contribution:
Principle of Contribution:
 If the insurance is taken from more than one insurer, both insurers will share the loss in the proportion of their
respective coverage.
 If one insurance has paid in full, it has the right to approach other insurance to receive a proportionate
amount.
General Average Contribution:
 A general average loss is defined as a loss sustained from voluntary sacrifice such as jettisoning part of the
cargo to save the ship or crew.
 During such loss, insurers of various interests shares the cost of losses incurred.
 This amount contributed towards general average loss is known as contribution.

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 COGSA
124. What are the differences between bill of lading and mate’s receipt?
S. No MATES RECEIPT BILL OF LADING
Mate’s receipt is issued when goods are placed
Bill of Lading is prepared & issued based on Mate’s
1 on board ship after verification of quantity and
receipt
condition.
Mate’s Receipt is prepared and issued by chief B/L is issued by Master, or Agent, or Owner of the
2
officer. ship, or charterer
Mate’s receipt simply acknowledges the receipt
B/L acknowledges receipt of specified goods for
3 of goods inboard prior to carriage. It does not
carriage on board the particular ship.
guarantee carriage of goods.
Once B/L is prepared cargo must be carried unless
Cargo maybe refused to carriage even after
4 refused for valid reasons. (Dangerous cargo, improper
preparation of Mate’s Receipt
declaration, suspicious cargo, etc)
Mate’s Receipt is not evidence of existence of B/L is the evidence of existence of contract of
5
any contract of affreightment. affreightment
Mate’s Receipt is not legal requirement but a B/L is a legal requirement in accordance with section
6
procedural convenience. 3 & 4 of Hague-Visby rules (COGSA 1925)
7 Mate’s receipt does not bind carrier B/L binds the carrier
B/L is a negotiable document unless specifically
8 Mate’s Receipt is not a negotiable document
barred
9 Mate’s Receipt does not give title to goods. B/L gives right to title to the goods.

125. State the consequences of issuing a clean B/L to the shipper in exchange for a Letter of Indemnity.
What is a Seaway bill? How is it different from an Ocean Bill of Lading?
 A clean bill of lading is a bill of lading bearing no superimposed clauses stating a defective condition or
shortage of the goods.
 It states that the goods have been received “in apparent good order and condition...”, without further
remarks as to their condition.
 A full set of “clean on-board bills of lading” is normally demanded as a condition of a bank’s letter of credit,
and if not issued will prevent early payment of the exporter by the bank.
 Pressure may therefore be exerted by a shipper for clean bills to be issued, even where these would not be
justified by the actual condition or quantity of the goods.
 A Letter of Indemnity (or “back letter”) may be offered by the shipper, promising to indemnify the master or
carrier against any loss or liability as a consequence of signing a clean bill of lading.
 However, acceptance of a Letter of Indemnity of this type in return for clean bills makes the master a party
to an act of deception or fraud on banks, consignee/buyer, and insurers, since it is an attempt to obtain
payment for goods knowing them to be unsound.
 There may be personal criminal liability for fraud on the part of the carrier and the master, and a heavy
financial liability on the shipowner.
 This type of Letter of Indemnity has no legal standing in English law and cannot be sued on if the shipper
goes back on his promise of indemnity.
 A master should consult his owners and their P&I club’s correspondent if he is in any doubt, but should
never accept a Letter of Indemnity of this sort without the written orders of his owners

Seaway Bill & Ocean BL:

 Seaway Bill is a contract of carriage issued by the carrier or their agent.

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  It serves as evidence of the contract of carriage and provides details about the shipment, such as the nature
of goods, names and addresses of the shipper and consignee, port of loading, port of discharge, and other
relevant information.
 Sea Waybill only plays an evidential function and does not give title to the goods.
 Sea Waybill is used when the shipper decides to release ownership of the cargo immediately.
 This means that the goods can be delivered to the person identified in the document, and they will simply
have to verify their identity instead of presenting a document to claim the freight
 An Ocean Bill of Lading can be either negotiable or non-negotiable.
 A negotiable bill of lading functions as a title document, which means it can be endorsed and transferred to
a third party.
 The holder of a negotiable bill of lading is considered the rightful owner of the goods and can claim them at
the destination.

126. What precautions are to be taken when an original Bill of lading is carried on board and delivery is
made against the same? “Bill of lading is to be signed as presented” – is the term stipulated in the charter
party. What do you understand by this?
Carrying Original Bill of Lading:
 In some cases, an original bill of lading may be sent to the consignee on board the carrying vessel.
 The master should issue a receipt to the shipper or his representative (e.g. the freight forwarder).
 The master should not accept for carriage original bills of lading made out “to order”, or where there is no
named destination or where the destination is qualified, e.g. “Lands’ End for orders/intention Le Havre”.
 The master should not accept original bills of lading for carriage if the shipper refuses to sign the receipt, or
if no party is named as receiver in the bill of lading.
 The master should not discharge against an original bill of lading carried on board if the discharge port is
different from the destination shown in the bill of lading.
 In this case he should consult the owner and the P&I club correspondent.
 On arrival at the discharge port the master should hand the bill of lading to the party named in the receipt, if
his identity can be confirmed.
Bill of lading is to be signed as presented:
 The phrase "Bill of lading is to be signed as presented" means that the charter party agreement requires the
recipient of the goods (usually the shipowner or carrier) to sign the bill of lading exactly as it is presented by
the shipper or the party presenting it.
 In other words, the recipient is not allowed to make any amendments, changes, or alterations to the bill of
lading.
 This provision ensures that the bill of lading accurately reflects the terms and conditions of the shipment as
agreed upon between the shipper and the recipient.
 It prevents the recipient from modifying the bill of lading in a way that could potentially alter the contractual
obligations or misrepresent the contents or condition of the goods.
 By signing the bill of lading as presented, the recipient acknowledges that they have received the goods
described in the bill of lading in the condition stated, and they agree to assume responsibility for their
transportation and delivery as per the terms outlined in the document.
 This clause helps maintain the integrity and authenticity of the bill of lading, which is an important legal
document in international trade.
 It ensures that the bill of lading accurately represents the agreement between the parties involved and
protects the interests of both the shipper and the recipient.

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 CHARTER PARTY

127. Explain briefly: (i) Voyage Charter Party (ii) Time Charter Party (iii) Bare Boat Charter (iv) Tonnage
contract
Voyager Charter Party:
 A voyage charter is a contract for the carriage by a vessel of a specified quantity of cargo between named
ports or places.
 The shipowner basically agrees that he will present the vessel for loading at the agreed place within an
agreed period of time and, following loading, will carry the cargo to the agreed place, where he will deliver
the cargo.
 The charterer, who may be the cargo owner or may be chartering for another party such as the shipper or
the receiver, agrees to load 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, and to this extent a
voyage charter agreement can be considered as the maritime equivalent of a taxi hire agreement.
 In some trades, e.g. chemical tankers, several cargo parcels carried on one voyage may have been fixed with
several different charterers.
 The shipowner must provide the master and crew, act as carrier and pay all running and voyage costs, unless
the charter party specifically provides otherwise

Time Charter Party:

 A time charter is a contract for the hire of a named vessel for a specified period of time.
 The charterers agree to hire from the shipowner a vessel, of specified technical characteristics, for an agreed
period of time, for the charterer’s 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
charter”).
 The shipowner is responsible for vessel’s running expenses, i.e. manning, repairs and maintenance, stores,
master’s and crew’s wages, hull and machinery insurance, etc.
 He operates the vessel technically, but not commercially.
 The owners bear no cargo-handling expenses and do not normally appoint stevedores.
 The charterers are responsible for the commercial employment of the vessel, bunker fuel purchase and
cargo insurance, port and canal dues (including pilotage, towage, linesmen, etc.), and all
loading/stowing/trimming/discharging arrangements and costs. They direct the ship’s commercial
operations, but not her daily running and maintenance.
 The charterers normally appoint stevedores and nominate agents.

Bareboat Charter Party:

 A 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.
 This is used by owners such as banks and finance houses who are not prepared to operate or manage ships
themselves.
 In essence the vessel owners put the vessel (without any crew) at the complete disposal of the charterers
and owners only pay the capital costs, but (usually) no other costs.
 The charterers have commercial and technical responsibility for the vessel, and pay all costs except capital
costs.

Tonnage Contract:

 Tonnage contract is also known as volume contract or “contract of affreightment” or “contract of carriage
by sea”
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  It is essentially a contract to satisfy a long-term need for transport, most often for iron ore and coal in bulk.
 It is an agreement between a charterer and a shipowner, disponent owner or carrier for the carriage of a
specified (and often large) quantity of specified goods between specified places, over a specified (and usually
long) period of time, by vessels of a type and size stipulated by the charterer,
 The goods to be carried and the total period are clearly defined, but the shipment dates may be
approximate, often giving an even spread of shipments over the.
 A stated minimum quantity must usually be loaded each voyage, with a “more-or-less” margin at the option
of either the charterers (MOLCO) or the owners (MOLOO)
 It is used by an operator who has no fleet of his own and who charters ships in for each voyage
 It is the type of contract on which a very large ore carrier or Capesize bulk carrier is likely to be employed
under

128. Differentiate between Time, Voyage and Bareboat Charter.

S.NO VOYAGE CHARTER TIME CHARTER DEMISE CHARTER
1 Agreement on carriage Agreement on hire Agreement on hire
2 For specified voyage for a For agreed duration e.g. 12 For agreed duration, usually for
specified cargo. months longer periods. E.g. 10 years
3 Ship to be presented at Commencing at agreed time and Commencing at agreed time and
loading port between agreed place place
dates
4 Ends at agreed discharge port. Ending at agreed time and place Ending at agreed time and place
5 Vessel owner to pay all Ship owner to pay all running Vessel owner to pay capital costs
running and voyage costs, with costs e.g. maintenance, surveys, (e.g. to shipbuilder)
exception of loading and lubricating oil, crew wages
discharge costs where terms
are “free in and out” (FIO)
6 Charter only pays the freight Charterers to pay all voyage costs Charterers to pay all other costs
and stevedoring costs. during hire period (e.g. bunker during hire period
fuel, canal and port dues, loading
and discharge costs)
7 Freight to be paid on Hire payments to be made at Hire payments to be made at
completion of voyage (before specified intervals in advance. specified intervals in advance (e.g.
delivery of cargo) Usually weekly. monthly)

129. Explain the responsibility of a ship owner towards a ship on time charter.
 The owners usually agree only to exercise due diligence to make the vessel seaworthy for each voyage
during the charter period.
 Owners to provide crew’s provisions and wages, insurance on the vessel, deck and engine-room stores.
 The owners to promptly investigate charterers’ complaints about the master, officers or engineers, and if
necessary, change personnel.
 The owners to have any boiler cleaning done with the vessel in service if possible
 The owners will only be responsible for delay in delivery or delay during the charter and for loss or damage
to goods on board if caused by want of due diligence.
 The owners to make the vessel available for working 24 hours a day if required
 For all claims under the charter, the owners will have a lien on all cargoes and sub-freights belonging to time
charterers, and on any bill of lading freight.
 Guarantees may be required from owners that the vessel has not traded to certain countries since a
particular date (e.g. Cuba, North Korea), since the discovery of a past visit to a particular country may cause
problems for the ship in another country.

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  Whether or not time charter hire has been paid, the shipowner must deliver the goods to the final holder of
the bill of lading.
 A protecting agent may be appointed by the owners where there is any conflict of interest between owner’s
and charterer’s requirements.

130. Explain the following, relating to a charter party:

a. Cesser Clause, b. Both to blame collision clause c. New Jason clause d. Redelivery Clause
e. Indemnity Clause f. Ice Clause g. Bill of Lading freight clause h. Safe Berth Clause.
i. “Safe berth, always afloat” j. Safe port. K. An arrived ship l. Deviation m. Demurrage & Dispatch
n. Stoppage in Transit o. Notice of Readiness. P. Signing of Bill of Lading after completion of loading.
(Out of the above, any three are being asked)
Notice of readiness:

 It is a notice given when a ship arrives as per charter party and is in every respect ready to commence cargo
operations.
 NOR is given:
 Before laytime commences
 Within the lay can period.
 In accordance with the procedure in the notice clause or lay time clause in the charter party.
 is often required to be given during office hours from Monday to Saturday
 need only be given at the first of two or more load ports, unless the charter party provides otherwise
 must be addressed to the charterers or their agent.
 Two copies must be sent, one is returned back to the master with the time and date of acceptance
completed.
 If receipt of Notice of Readiness is not acknowledged on the first day notice is tendered, daily
attempts to have it accepted should be made
 The charter party will normally state that laytime will commence a certain number of hours after
Notice of Readiness is given or accepted; the waiting period is usually termed “notice time” or “turn
time”.
 If such a period is not specified, laytime will commence as soon as Notice of Readiness is given

Cesser Clause:
 It often happens that the charterer is not the shipper of the cargo but is a person who only acts as an agent
or broker for loading.
 He will be anxious to ensure that his liability for the cargo ceases once it is loaded.
 The object of the cesser clause is to relieve the charterer of any further obligations once he has fulfilled his
responsibilities to ship the cargo and paid his financial responsibility such as advance freight.
 E.g. of cesser clause “…. charterers’ liability will cease on shipment of cargo and payment of freight, dead
freight and demurrage”.
 However, the ship owner will not want to find himself without remedy in case of any breach of contract or
damage done to his vessel after the charterer’s liability has ceased.
 Therefore, if a cesser clause is incorporated in the charter party, a Lien Clause will also be included giving the
owners the right to retain possession of the goods at the discharge port until outstanding debts are paid.
 E.g. The charterers liability shall cease as soon as the cargo is shipped, the owner having a lien on the cargo
for freight, dead freight, demurrage and average.
 In case of any outstanding, the owners must proceed against the receiver first, but the charterers will remain
liable for sums which cannot be recovered from the receiver.

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Both to Blame Clause:

 Under Hague and Hague-Visby rules carrier is not responsible for cargo loss or damage due to collision with
another ship.
 But under the law USA and certain other countries which have not ratified the Brussels collision convention
1910, the cargo owner may claim the full amount against the owner of the ‘non-carrying ship’.
 After the percentage of blame is decided, the ‘non-carrying ship’ will claim that percentage from the carrying
ship including the cargo damage.
 This is against the principle providing immunity to the carrier under hague and hague-visby rules for cargo
loss or damage due to collision.
 Thus ‘Both to Blame clause’ is inserted in BL and in charter parties. Under this the carrier is not required to
pay for any cargo damages that the non-carrying ship might have paid.
 Or the carrier pays the amount to non-carrying ship and later claims this amount from the cargo insurance of
the cargo owner.
 Example: Ship A is carrying the cargo of cargo owner ‘K’ and Ship ‘B’ comes and collides with ‘A’.
 Loss of cargo amounts to USD 5000. Under hague and hague visby rules, the cargo owner ‘K’ cannot claim
this against the carrier A. Under US law and in other countries law which have not ratified the Brussels
collision convention, the cargo owner ‘K’ can claim USD 5000 from non-carrying ship ‘B’.
 After the court has decided the percentage blame for collision, say 40% to ship A and 60% to ship ’B’, Ship ‘B’
can now claim 40% of cargo damage he paid, i.e. USD 2000 from ship ‘A’. But this is against hague and hague
visby rules as ship ‘A’ is provided immunity against collision damages to cargo.
 If ‘Both to Blame Clause’ is inserted either ship A will not pay for cargo damages or pays USD 2000 to ship B
and later will claim this from cargo insurance of the cargo owner ‘K’.

New Jason Clause or New Both to Blame Collision Clause:

 When there is a general average act, the ship owner has the right to claim general average contribution from
the cargo owner.
 But under the US Law (Harter Act) and American common law it still does not entitle the shipowner to claim
G/A contribution from cargo in a case where there has been a fault or error in navigation or management of
the vessel.
 Thus, owners started inserting a clause for cargo carried from and to USA stating that owner’s are entitled to
claim a G/A contribution from cargo by the terms of the contract of carriage.
 When there was a case involving a ship named ‘S.S.JASON’, US supreme court confirmed the validity of the
clause by asking the cargo owners to contribute for the GA.
 Since then, the clause became known as ‘JASON CLAUSE’.
 More recently, the clause has been redrafted and extended to include salvage charges, and is now known as
the "New Jason Clause".
 It is recommended that it should be inserted in all B's/L and all C/P's whether the ship is going to or from the
United States or not.

Redelivery Clause:

The redelivery clauses contain the following:

 Itinerary for the final voyage and redelivery notices: Contains the set of approximate notices and one
definite notice that the charterers must give for redelivery. The clause does not allow the charterers from
redelivering the ship more than 24hrs before the date given in 5 days’ notice.
 It also sometimes mentions the redelivery date and place.
 Late Redelivery: This sub-clause states the consequences of late redelivery. In case of late redelivery, the
owner can claim hire for the overrun period at the prevailing market rate, if higher than the chartered date.
 Early Redelivery: This sub-clause states minimum charter period before which redelivery will not be accepted
by the owner.

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  It also provides charterer’s obligation to redeliver vessel in same condition as when delivered.
 It also states whether the vessel would be delivered “clean” or “dirty”. If the charterers are given the option
of redelivering the vessel “dirty”, a sum in compensation to the owners will be provided.
 It is normal to have on-hire and off-hire surveys carried out to ascertain the extent of damage done during
the charter. A Redelivery Clause may provide that repairs necessary to make the vessel seaworthy are done
immediately on redelivery, and any other repairs at a more convenient time, e.g. at the next drydocking

Indemnity Clause:

 This clause is also known as ‘Master Clause’ & ‘Employment & Indemnity Clause’.
 This is a substantial clause in many time charter parties.
 This gives the charterer the freedom of choice as to the manner in which the ship is to be employed during
the charter period.
 It also safeguards the position of the owners by giving them the right of indemnity against any liabilities
which may arise due to Master’s compliance with charterers orders.
 Where charterers’ stevedores are employed, this clause relieves the owner from any responsibility against
claims for short delivery of cargo and bad stowage.
 The clause gives charterers the right to require changes in the appointments of masters, officers, or
engineers if dissatisfied with the conduct of any of them.
 The charterer may only give orders to the master regarding employment of the vessel and not regarding
navigation, safety etc.
 If the master follows the charterers’ orders regarding navigation and then loss or damage occurs, the owners
would be still liable and cannot claim against charterers.

Ice Clause:

 Should be included in the charter party terms where there is any possibility of the vessel being sent to a port
which is ice-bound on her arrival
 Or where the onset of ice may cause the master to decide to leave the port before cargo operations are
complete.
 BIMCO recommends insertion of a suitable ice clause in charter parties and bills of lading to protect the
owners’ interests if a vessel is to trade to an ice-affected area.
 Generally, ice clause provides following information:
 Port of Loading: If the port is inaccessible due ice or during the voyage from last port or on arrival, if
the ice sets in, the master has the liberty to leave without cargo and this charter shall be null and
void.
 If during loading, master fears that onset ice could freeze the vessel he has the liberty to depart with
whatever cargo loaded so far.
 Port of Discharging: If the discharge port is inaccessible due to ice, the master or owner should
provide notice to the charterers of the impossibility of reaching port of destination.
 Charterer either makes the vessel wait until the port opens paying demurrage or orders the vessel to
another port for discharging. This decision must be made within 48 hrs of master’s notice.
 Several versions of Ice Clause exist, each setting out the master’s and owners’ rights in the circumstances.
 In the owners’ interests, the preferred clauses are “Nordice 1947” and the “General Ice Clause”.
 Any bill of lading issued under the terms of a charter party should include the same ice clause as in the
charter party

Bill of Lading Freight Clause:

 “Freight” is the remuneration payable by the charterers to the owners for the performance of the contract.
 Clause specifies the freight rate, how freight will be calculated, when it must be paid, and the arrangements
for payment
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  Freight is normally payable in US dollars in the deep-sea trades, but may be payable in local currency in
short-sea trades.
 Freight must be paid, under common law, and in the absence of any term to the contrary, on delivery of the
cargo to the consignee or his receiver at the agreed destination
 Freight is normally payable in accordance with the terms of a Freight Clause which stipulates the amount of
freight, the time for payment and the method of payment.
 Freight is often payable under charter party terms partially in advance, e.g. on loading, or on the issue of bills
of lading.
 Freight may depend in amount on the loaded weight of cargo, or (less commonly) on the outturn weight, the
cargo volume, cargo value, or on some other stipulated basis
 Freight is not payable unless the entire cargo reaches the agreed destination, even if not the carrier’s fault,
e.g. if the voyage is abandoned after a General Average act.
 Freight is not payable where the owners have breached the contract. When cargo is delivered damaged,
however, full freight is normally payable and a separate claim is presented by the cargo owners for the
damage

Safe Berth Clause:

 An important contractual provision in virtually all time and voyage charter parties is that the vessel may be
sent only to safe ports and berths.
 A berth, to qualify as a "safe berth" must be safe in all the same respects as a safe port.
 For a port/berth to be safe:
 There must be safe access to the port and it must be free from permanent obstruction
 It must be a port where the vessel can lie safely afloat at all states of the tide, unless it is customary
and safe to load and/or discharge aground or there is special agreement to do so.
 There must be adequate facilities for trade, including a safe shore landing of goods, proper wharves,
warehouses and other establishments for dealing with the kind of cargo contemplated.
 It must be a politically safe port, free from any state of war or embargo.
 The master’s duty is normally to ascertain whether the berth is safe and to refuse to go to an unsafe berth
even if ordered to do so.
 Damage done to the ship or quay at an unsafe berth is usually the shipowner’s liability, not the charterer’s
 If the charterers order the vessel to an unsafe port or berth, they will usually be in breach of contract.
 Where passing vessels are causing problems, e.g. ranging, the master should send a Letter of Protest to the
harbour authority and make an appropriate entry in the Official Log Book

Safe Berth Always Afloat:

Safe berth – Same as above

 Always afloat- It is a clause inserted in the charter party that the ship will lie always lie afloat during loading,
at the anchorage and during discharging.
 Charterers shall exercise due diligence to ascertain that any places to which they order the vessel are safe
for the vessel and that she will lie there always afloat
 Charterers shall, however, not be deemed to warrant the safety of any place and shall be under no liability in
respect thereof except for loss or damage caused by their failure to exercise due diligence.
 Thus, master must ensure that the vessel is proceeding to safe berth and she can lie always afloat.
 The master has the liberty to deny going in to port/berth where he thinks the vessel cannot lie always afloat
or it is not a safe port/berth.

Safe Port: Same as safe berth mentioned above

Arrived Ship:

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  It is determined from the charter party terms. To determine whether the vessel has become an “arrived
ship” within the charter party terms the master will need to know whether the charter party is a “port
charter party” or a “berth charter party
 Port C/P – a port is defined as the place for loading without specifying a particular berth.
 Further a C/P may state in a port C/P that she has arrived if-\
 She has entered port limits or
 In port at charterers disposal or
 Fully ready to load in waiting area of particular port.
 Berth C/P – A particular berth will be mentioned and it is necessary for her to be along-side this berth to be
considered ‘Arrived’
 The port charter party is beneficial for owners as berthing delays will be on charterers account.
 In order to protect themselves the owner may add a waiting for berth clause. This will mention that lay time
will count Whether In Berth Or Not (WIBON).

Deviation:

 Deviation in the context of carriage of goods law is not restricted to geographical deviations, but includes
any departure from provision agreed in the contract. E.g. of deviations are
 any departure from the customary route
 any non-agreed change in ports of loading and/or discharge
 any change in the rotation of ports not authorised by the shipper or charterer
 any non-agreed change in the cargo offered for loading
 any short loading etc.
 Thus, a clause is inserted which precisely mentions for what purpose the vessel has liberty to deviate from
the contracted route.
 Deviations usually regarded in common law as lawful or “justifiable” are
 a deviation made to save life, e.g. responding to a Mayday
 a deviation made to avoid imminent danger, e.g. a TRS
 a deviation due to the default of the charterer, e.g. where the master found the discharge port
nominated by the charterer unsafe.
 an involuntary deviation due to force majeure beyond the control of either party to the contract, e.g.
where a channel is blocked
 Where a shipowner knows his vessel is going to deviate from the contracted voyage in any respect, his P&I
club will normally advise that he immediately contacts the club, which will decide whether the deviation can
be covered under the club rules.
 Where the master is unable to prevent a contractual deviation, he should record the facts fully in the official
log book and immediately contact his owners and, if in port, the P&I club correspondent

Demurrage:

 Laytime is the agreed time within which cargo will be loaded and or discharged.
 If cargo operations are completed after expiry of the laytime, there is a breach of contract for which the
charterers would be technically liable for damages.
 Thus, an agreed amount payable to the owners in respect of delay to the vessel beyond the laytime, for
which the owners are not responsible is termed as demurrage.
 Demurrage will only be payable if provided for in a clause in the charter party, e.g. a Demurrage Clause or
Demurrage/Despatch Money Clause
 The demurrage rate, which is normally quoted in US Dollars, will normally be a daily rate that will at least
cover the owners’ costs of keeping the ship in the port.

Despatch:

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  If cargo operations are completed before expiry of the laytime, a monetary reward, termed despatch or
despatch money, is normally payable by the owners to the charterer.
 Despatch will only be payable if provided for in a charter party clause (e.g. a Demurrage/Despatch Money
Clause)
 The daily despatch rate, which is normally quoted in US Dollars, is traditionally half the agreed demurrage
rate.
 Some charter parties stipulate “free dispatch”, meaning that the owners will not pay any dispatch money if
time is saved.
 Demurrage and despatch is applicable only for voyage charter parties.

Stoppage in Transit:

 A seller is legally allowed to stop his goods while in transit to the buyer after it becomes known that the
buyer is bankrupt and has failed to pay for the goods. (Indian BL act 1836)
 Three conditions must be satisfied to exercise this right of the seller.
 The purchase must be insolvent
 The seller must be unpaid.
 The goods must not yet have come in possession of the buyer.
 Irrespective of whether or not the title of goods has passed to the buyer, while the goods are on board the
ship, they are still in seller’s constructive possession and he may exercise his right of stoppage.
 The seller must give the ship written instructions, for example by telex, fax etc. which should be retained by
the master as evidence.
 The carrier is then obliged to have the goods returned to the port of shipment, the seller being liable for
back freight and other expenses.
 As this concept is time consuming and lot of money may be wasted in the process, the seller may
alternatively opt for litigation in court.

Signing of Bill of Lading after completion of loading.

 Great care must be taken by the master before signing and issuing bills of lading. He must see to that all
potential contractual pitfalls are covered.
 The master or his authorised deputy should always check the following when signing a bill of lading:
 1. that the goods have actually been shipped (which may be determined from the ship’s copy of any
mate’s receipt issued; this should be identical to the original mate’s receipt issued to the shipper, which
should be presented by the shipper when requesting his bills of lading);
 2. that the date of shipment is correct, i.e. as stated on the mate’s receipt or standard shipping note;
 3. that the bill of lading is not marked “freight paid” or “freight prepaid” if not true;
 4. that any clausing of the corresponding mate’s receipt is also contained in the bill of lading;
 5. that reference is made to the charter party where one exists;
 6. that any charter party terms do not conflict with the bill of lading terms; and
 7. that the number of original bills in the set is stated.
 Every original in the set must be signed.
 When the master signs a bill of lading in accordance with the terms of a charter party, he is signing on behalf
of the shipowner, not the charterer.
 In practice the signing is usually done on the master’s behalf by the agent under authority expressly given by
a clause in the charter party

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131. Differentiate between demurrage and dispatch
Demurrage Dispatch

Amount payable to the shipper by the Amount payable by the charterer or consignee to
Definition carrier for completing loading or unloading the shipowner for exceeding the agreed time for
operations before the agreed time. loading or unloading operations.

Compensates the shipowner for the extra time

Encourages efficient and prompt cargo
the vessel remains occupied at the port, which
Purpose handling to expedite vessel turnaround and
could have been used for other commercial
minimize delays.
purposes.
Paid by the carrier to the shipper as a Paid by the charterer or consignee to the
Payment reward or incentive for early completion of shipowner as a penalty or compensation for the
loading or unloading. delayed use of the vessel.
Usually calculated based on a predetermined rate
Typically, a fixed sum per day or per hour
Calculation per day or per hour specified in the charter party
agreed upon in the contract of carriage.
agreement.
Reduces overall transportation costs for the Increases costs for the charterer or consignee, as
Impact on
shipper, as they receive a financial benefit they have to pay additional charges for the
Costs
for early completion. delayed use of the vessel.

132. Describe the significance of N.O.R. When a ship is considered “Arrived” under what circumstance can
a vessel be deemed “ready to load in all respect”
N.O.R & Arrived ship – Same as mentioned in previous question.
Ready to load in all respect:
 It means the vessel is seaworthy and, in every way, fit to carry the particular cargo on the voyage
contemplated by the charterer.
 The vessel must be fully at the charterer’s disposal, i.e. with derricks or cranes ready for operation, holds or
tanks cleaned, prepared and surveyed, free pratique and customs clearance granted, etc. - unless the charter
party allows otherwise.
 Under common law, duty of the ship owner to provide a seaworthy vessel is absolute and no exceptions
allowed.
 However, most modern charter parties have reduced this obligation to “exercising due diligence” i.e. doing
everything that a prudent ship owner can do to make the vessel seaworthy without actually guaranteeing
her seaworthiness.

133. Describe the systems of documentary credit for the sale of goods during carriage by ship.
 It is a money transfer system commonly used in overseas trade to enable sellers to obtain early payment, i.e.
soon after shipment of the goods
 It relies heavily on documents, which are carefully checked by the banks involved before they make payment
 operates with the procedure in the following example, which assumes a Seller in the UK and a Buyer in New
Zealand
 1. Seller and Buyer conclude their sales contract, specifying payment by documentary credit.
 2. Buyer instructs his bank in NZ to open a Credit in favour of Seller.
 3. Buyer’s NZ bank verifies Buyer’s credit-worthiness and issues a Letter of Credit (LOC) containing terms
of the Credit (i.e. stringent requirements regarding use of CIF terms, documents, time of loading, etc.)
 Buyer’s bank sends LOC to Seller’s bank.
 4. Seller’s bank checks LOC requirements, then sends LOC to Seller.
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  5. Seller despatches goods, assembles documents required by LOC (usually invoice, insurance certificate,
full set of “clean on board” bills of lading made “to order” which are obtained once goods are shipped).
 Seller presents all shipping documents to his bank and asks for his payment.
 6. Seller’s bank checks documents against LOC requirements. If they comply (including “clean” bills of
lading), Seller’s bank pays Seller and sends documents to Buyer’s bank.
 7. Buyer’s bank checks documents against LOC. If they comply, Buyer’s bank releases documents to Buyer
against payment, then reimburses Seller’s bank.
 8. Buyer receives documents, enabling him to obtain release of goods from ship.
 Major problem arises when the bank is instructed in the Letter of Credit to pay on production of a full set of
“clean on board” bills of lading, but the bills of lading have been claused in respect of defective or short
goods.
 Banks will refuse payment if any details on the bill of lading do not match the requirements of the LOC.

Significance of Documentary Credit System:

 The system depends on principle of autonomy and doctrine of strict compliance.

 The principle of autonomy protects the exported while the doctrine of strict compliance protects the issuing
bank and the importer.
 This is one of the most secure methods of payment available to international traders.
 LOC are considered as the lifeblood of international trade.
 The documentary credit system is often used to facilitate early payment of the seller by the buyer.

CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC (FAL), 1965

134. What is the purpose of FAL Convention, 1965 and describe how its objective are met? List the various
forms those are mandatory as per the Convention.

Purpose FAL Convention and ways it’s objectives are met:

 This Convention was adopted in 1965 and entered into force in 1967.
The Convention's main objectives are –
- to prevent unnecessary delays in maritime traffic
- to aid co-operation between Governments and
- to secure the highest practicable degree of uniformity in formalities and other procedures.
 Standardization of Documentation: The convention provides standardized formats and content for essential
maritime documents, such as the arrival and departure documents, crew lists, passenger lists, and cargo
manifests.
 Simplification of Customs and Immigration Procedures: The FAL Convention encourages states to simplify
customs and immigration formalities for ships and their crews.
 This includes facilitating the clearance of ships, crew, and passengers through harmonized procedures,
electronic data interchange, and reduced paperwork
 Electronic Data Exchange: The FAL Convention promotes the use of electronic means for the exchange of
information and documents between ships and shore authorities.
 Facilitation of Shore Leave and Crew Welfare: The convention advocates for the facilitation of shore leave
for seafarers, recognizing their rights to access shore-based facilities and services.
 Cooperation and Information Exchange: The FAL Convention promotes cooperation and information sharing
among states and international organizations involved in maritime transport facilitation

SECTION 2A OF FAL CONVENTION:

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 THE IMO STANDARDIZED FORMS (FAL FORMS 1-7) AND ADDED FORMS.
1. FAL Form 1 - IMO General Declaration
2. FAL Form 2 – IMO Cargo Declaration
3. FAL Form 3 – IMO Ship's Stores Declaration
4. FAL Form 4 – IMO Crew's Effects Declaration
5. FAL Form 5 – IMO Crew List
6. FAL Form 6 – IMO Passenger List
7. FAL Form 7 – IMO Dangerous Goods Manifest (2002 Amendment)
8. Declaration required under Universal Postal Convention
9. Declaration required under International Health Regulations (Maritime Declaration of Health)
 Three additional declarations entered into force from 1 January 2018 which will bring the number of
documents to twelve.
 These are 1. Security-related information
2. Advance electronic cargo information for customs risk assessment purposes
3. Advance notification form for waste delivery to port reception facilities.

135. Explain the procedures including documents required for obtaining:

a) Free Pratique
b) Clearance Inward
c) Port Clearance
a) Free Pratique:
Section B – 2.10 – Maritime Declaration of Health:
 The Maritime Declaration of Health shall be the basic document containing the data required by port health
authorities.
 This declaration provides information about the ship's sanitary conditions, any illnesses or diseases on
board, and details of any recent ports visited.
 This form shall be duly completed and submitted prior arrival.

Section D – Regulation 3.20 Standard:

 Public authorities shall authorize granting of pratique by radio to a cruise ship when, on the basis of
information received from it prior to its arrival, the health authority is of the opinion that its arrival will not
result in the introduction or spread of a quarantinable disease.

Port Health Inspection:

 Upon arrival, the port health authorities may conduct an inspection of the ship to assess its sanitary
conditions.
 The inspection may involve checking the ship's cleanliness, sanitation facilities, waste management systems,
and availability of medical supplies on board.
 They may also review the ship's medical logbook or crew health records.

Granting Free Pratique:

 Once the port health authorities are satisfied with the ship's health conditions and compliance with the
relevant regulations, they grant free pratique.
 This signifies that the ship is cleared to enter the port, commence operations, and interact with shore-based
facilities and personnel without restrictions related to health concerns.

b) Inward Clearance:
Section 2 - Arrival, stay and departure of the ship

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  Public authorities shall not require for their retention, on arrival or departure of ships to which the
Convention applies, any documents other than those covered by the present section.
 The documents in question are:
• General Declaration
• Cargo Declaration
• Ship’s Stores Declaration
• Crew’s Effects Declaration
• Crew List
• Passenger List
• Dangerous Goods Manifest
• The document required under the Universal Postal Convention for mail
• Maritime Declaration of Health.

Other Procedures:

 The ship's agent or master is usually required to send an advance notification of the ship's arrival to the port
authorities.
 The ship's agent or master must complete a customs declaration form, providing information about the
ship's cargo, crew, and stores on board.
 As part of the clearance process, the ship's master or agent may be required to submit a health declaration
to the port health authorities. This declaration certifies that there are no contagious diseases on board and
that the ship complies with health and sanitation requirements.
 Master submits all the documents mentioned above in Section 2 - Arrival, stay and departure of the ship
 Immigration authorities may also be involved in the clearance process, especially if crew members need to
disembark or new crew members are joining the vessel.
 Once all the necessary documents are submitted and the ship is found to comply with the port's regulations
and requirements, the port authorities grant clearance inwards

b) Port Clearance
Section 2-D – Documents on Departure - Regulation 2.12
Standard:

 In respect of a ship’s departure from port, public authorities shall not require more than:

• 5 copies of the General Declaration

• 4 copies of the Cargo Declaration
• 3 copies of the Ship’s Stores Declaration
• 2 copies of the Crew List
• 2 copies of the Passenger List
• 1 copy of the Dangerous Goods Manifest.
 A new Cargo Declaration shall not be required on departure from a port in respect of cargo which has been
the subject of a declaration on arrival in that port and which has remained on board
 Notify the port authorities of intended departure time and date.
 This notification is usually done through the same electronic system used for pre-arrival information.
 Once all outward clearance documents are in order, port authority issues the port clearance.

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136. Differentiate between Standards and the recommended practices under FAL Convention, 1965 with
respect to the following: a) Arrival, stay and Departure of ship b) Arrival, stay and Departure of cargo.
Section 2 - Arrival, stay and departure of the ship

Standards
A General:

Standard: 2.1 Public authorities shall not require for their retention, on arrival or departure of ships any documents
other than those covered by the present section.

 2.1.1 Contracting Governments shall not require consular formalities, charges or fees in connection with
documents for the clearance of ships.

B Contents and purpose of documents

 2.2 The General Declaration shall be the basic document on arrival and departure providing data required by
public authorities relating to the ship
 2.2.3 Public authorities shall accept that the General Declaration is either dated and signed by the master,
the ship’s agent.
 2.3 The Cargo Declaration shall be the basic document on arrival and departure providing data required by
public authorities relating to the cargo. However, particulars of any dangerous cargo may also be required to
be furnished separately.SOLAS
 2.3.2 In respect of cargo remaining on board, public authorities shall require only brief details of the
minimum essential items of information to be furnished.
 2.4 The Ship’s Stores Declaration shall be the basic document on arrival and departure providing information
required by public authorities relating to ship’s stores

Recommendation:
A General

 2.1.1 Public authorities should develop procedures to use pre-arrival and pre-departure information in order
to facilitate the processing of information and for the expedited subsequent release/clearance or cargo and
persons.
 2.1.4 Public authorities should not require the lodgement of a separate General Declaration, Cargo
Declaration, Crew List and Passenger List if the data elements contained in these documents are included in
the pre-arrival information.

B Contents and purpose of documents

 2.2.1 The same form of General Declaration should be accepted for both the arrival and the departure of the
ship.
 2.5.2 Public authorities should normally require particulars of only those crew’s effects which would not
qualify for relief from Customs duties and taxes or which are subject to prohibitions or restrictions.
 2.7.1 Public authorities should not require Passenger Lists on short sea routes or combined ship/railway
services between neighbouring countries

Section 5 - Arrival, stay and departure of cargo and other articles

Standards
 5.4 A Contracting Government shall establish simple procedures for obtaining licences or permits for export,
import and trans-shipment of cargo.

B Clearance of Cargo

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  5.7 Public authorities shall grant priority clearance to live animals, perishable goods and other consignments
of an urgent nature. However, this must be in compliance with national regulation especially regulation
related preventing drug trafficking etc..
 5.11 Public authorities shall limit physical interventions to the minimum necessary to ensure compliance
with the law.
 5.13 Public authorities shall ensure that requirements for collection of statistics do not significantly reduce
the efficiency of maritime trade

C Containers & Pallets

 5.15 Public authorities shall, subject to compliance with their respective regulations, permit the temporary
admission of containers and pallets without payment of customs duties and other taxes and charges
 5.17 Public authorities shall permit containers and pallets either loading, discharging or trans-shipment
under simplified control procedures and with a minimum of documentation.
 5.18 Contracting Governments shall permit the temporary admission of component parts of containers
without payment of customs duties and other taxes and charges when these parts are needed for the repair
of containers already admitted under the terms of Standard 5.15.

Recommendations:
A General
 5.5 When the nature of a consignment could attract the attention of different agencies authorized to carry
out inspections, such as Customs and veterinary or sanitary controllers, Contracting Governments should
authorize either Customs or one of the other agencies to carry out the required procedures
 5.6 Public authorities should provide simplified procedures for the prompt clearance of private gift packages
and trade samples not exceeding a certain value.

B Clearance of Cargo

 5.7.1 In order to protect the quality of goods awaiting clearance, public authorities should, in collaboration
with all the concerned parties, take all measures to permit practical, safe and reliable storage of goods at the
port.
 5.8 Contracting Governments should facilitate the temporary admission of specialized cargo-handling
equipment arriving by ships and used on shore at ports of call for loading, unloading and handling cargo.

137. What are the mandatory electronic data exchanges for international shipping adopted under revised
facilitation convention in 2016?

 Amendments to the Facilitation Convention were adopted in 2016 and they entered into force on 1 January
2017.
 The FAL Convention amendments make it mandatory for ships and ports to exchange FAL data electronically
from 8 April 2019.
 The FAL Convention encourages use of the so-called “single window” concept in which all the many agencies
and authorities involved exchange data via a single point of contact.
 These data exchanges are aimed at facilitating the efficient clearance of ships, cargo, and persons at ports.
 The Facilitation Convention (Standard 2.1) lists the documents which public authorities can demand of a ship
and recommends the maximum information and number of copies which should be required.
 IMO has developed Standardized Forms for seven of these documents.
1. FAL Form 1 - IMO General Declaration
2. FAL Form 2 – IMO Cargo Declaration
3. FAL Form 3 – IMO Ship's Stores Declaration
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 4. FAL Form 4 – IMO Crew's Effects Declaration
5. FAL Form 5 – IMO Crew List
6. FAL Form 6 – IMO Passenger List
7. FAL Form 7 – IMO Dangerous Goods Manifest (2002 Amendment)
 Under the requirement for electronic data exchange, all national authorities should now have provision for
electronic exchange of this information.

INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON THE HIGH SEAS IN

CASES OF OIL POLLUTION CASUALTIES, 1969

138. Explain the provision of Convention on Intervention at High Seas.

INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF OIL POLLUTION
CASUALTIES, 1969
Scope:
 The convention applies to vessels on the high seas and coastal states' territorial waters, and it primarily deals
with oil pollution resulting from accidents or casualties involving ships.
Intervention and Assistance:
 The convention establishes a legal framework for states to intervene and provide assistance in cases of oil
pollution.
 This includes the authority to take necessary measures to prevent, mitigate, or eliminate the pollution.
Duty to Report:
 States are required to report any incidents involving oil pollution casualties to the affected coastal state or
the nearest appropriate authority.
 The coastal state has the right to take action to prevent or minimize the consequences of the pollution.
State Jurisdiction:
 The convention recognizes the right of the coastal state to exercise jurisdiction over its territorial waters to
prevent, control, and mitigate oil pollution incidents.
 This includes the authority to take necessary measures against offending vessels.
Liability and Compensation:
 The convention establishes a liability and compensation regime for oil pollution incidents.
 It sets out the responsibility of the shipowner or operator to compensate for damage resulting from
pollution and requires ships to carry insurance or other financial security to cover their potential liability.
International Cooperation:
 The convention promotes international cooperation among states to combat oil pollution.
 It encourages the exchange of information, cooperation in research and development, and the provision of
technical assistance to developing countries.

139. Intervention convention affirms the right of a coastal state to take such measures on the high seas as
required to prevent, mitigate or eliminate grave and imminent danger to its coastline.
How are the ‘Freedom of the high seas’ and protections to the seafarer enshrined under part vii of UNCLOS
safeguarded in the Intervention Convention?

 In addressing the convention, Paragraph 2 states as “State parties Convinced that under these
circumstances measures of an exceptional character to protect such interests might be necessary on the
high seas and that these measures do not affect the principle of freedom of the high seas.”

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  The Intervention Convention acknowledges the freedom of the high seas, which is a fundamental principle of
international maritime law.
 While the coastal state has the right to take necessary measures to prevent or mitigate grave and imminent
danger to its coastline, it must still respect the general principle of freedom of navigation and other rights
and freedoms enjoyed by all states on the high seas.
 Article V Paragraph 2: state measures taken shall not unnecessarily interfere with the rights and interests of
the flag State, third States and of any persons, physical or corporate, concerned.
 The Intervention Convention takes into account these protections by ensuring that any measures taken by
the coastal state on the high seas should not unduly jeopardize the safety, health, and welfare of seafarers
on board the vessel involved in an oil pollution incident.
 The convention requires that all actions taken be proportional and necessary to address the situation, while
minimizing risks to human life.

CLASSIFICATION SOCIETY
140. Explain the reasons for a ship to be claimed with a classification society.
(As Mentioned in Maritime Legislation – C.L DUBEY)

 Under 1998 amendment to SOLAS, it is required now to design, build and maintain ships to the standard of a
recognised classification society or the administration.
 It is of great value to insurers, ship brokers, bankers, shippers and other parties needing reliable information
of a ships condition but a recent SOLAS amendment in 1998 makes it mandatory for ships to be built and
maintained to standards of the administrations or that of a recognized classification society.
 As it involves inspection of a ship and its components or all stages of construction from design to trials and
regular inspection throughout its life, it ensures that the ship is built and maintained to the required
standards of the society.
 In most cases it is required by the contract e.g. Hull and machinery underwriters, By cargo underwriters and
P&I clubs.
 Major classification societies produce rules which govern the ship hull and its machinery.
 Compliance with these rules forms a practical basis which satisfies flag states to issue statutory certification.
 Therefore, flag states rely to a great extent on class survey information.
 A vessel without a valid certificate of class is considered not in class and therefore not seaworthy in the eyes
of the court. This has following adverse results:
- As seaworthiness is a part of an implied warranty in the hull and machinery policy, the policy
becomes null and void.
- Breaches the P&I rules, and the P&I policy is considered void.

141. Discuss the evolution of classification and their contribution in making ships that are safe and
environment friendly.

 The evolution of classification societies has played a significant role in ensuring the safety and environmental
friendliness of ships.
 Classification societies are independent organizations that establish and enforce technical standards for the
design, construction, and operation of ships.
 They work closely with shipbuilders, shipowners, and regulatory bodies to promote maritime safety and
environmental protection.
 Historically, the primary focus of classification societies was on ship construction and ensuring that vessels
were built to withstand the harsh marine environment.
 They developed rules and regulations to assess the structural integrity of ships, the quality of materials used,
and the reliability of onboard systems.
 This helped in reducing accidents at sea and improving the safety of ships.

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  However, with growing concerns about the environmental impact of shipping activities, classification
societies expanded their scope to include environmental regulations and guidelines.
 They began addressing issues such as pollution prevention, energy efficiency, and emissions reduction.
 Under 1998 amendment to SOLAS, it is required now to design, build and maintain ships to the standard of a
recognised classification society or the administration.
 It is of great value to insurers, ship brokers, bankers, shippers and other parties needing reliable information
of a ships condition but a recent SOLAS amendment in 1998 makes it mandatory for ships to be built and
maintained to standards of the administrations or that of a recognized classification society.
 As it involves inspection of a ship and its components or all stages of construction from design to trials and
regular inspection throughout its life, it ensures that the ship is built and maintained to the required
standards of the society.
 Classification societies now play a crucial role in certifying ships' compliance with environmental standards.

142. Describe the role of “Recognised Organisation” in survey and certification of ships under the authority
of flag State.

 SOLAS and the other international conventions permit the flag administration to delegate the inspection and
survey of ships to a recognised organisation (RO).
 The organisation is empowered to require repairs or other corrective action to a ship.
 Under 1998 amendment to SOLAS, it is required now to design, build and maintain ships to the standard of a
recognised classification society or the administration.
 The RO is responsible and accountable to the flag administration for the work that it carries out on its behalf.
 The principles of the inspection and survey work are the same in respect of classification surveys.
 The flag administration lays down the scope of these inspections and surveys regarding safety and pollution
prevention in compliance with the relevant international conventions to which it is a signatory.
 Based on the survey findings, Recognized Organizations issue certificates to ships that meet the required
standards
 Recognized Organizations play a role in ensuring ongoing compliance by conducting periodic audits and
inspections of ships.
 They may also carry out additional surveys or inspections in response to accidents, incidents, or changes in
regulations

International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC)

143. Explain the main features of OPRC

 Preparedness and Response: The convention focuses on establishing measures and national systems for oil
pollution preparedness and response.
 National Contingency Plans: Parties to the convention are required to develop and maintain national oil
pollution contingency plans outlining response procedures, resources, and coordination mechanisms.
 Cooperation and Coordination: The convention promotes cooperation and coordination among parties and
relevant international organizations to enhance oil pollution preparedness and response efforts.
 Technical Assistance: Parties are encouraged to provide technical assistance to each other, particularly to
developing countries, in building their capacity for oil pollution preparedness and response.
 Training and Exercises: The convention emphasizes the importance of training programs and exercises to
enhance the effectiveness of oil spill response operations.
 Research and Development: Parties are encouraged to promote research and development activities to
improve oil spill response techniques, equipment, and methodologies.

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  Reporting: The convention establishes procedures for immediate notification and detailed reporting of
marine oil pollution incidents to the affected coastal state and competent international organizations.
 International Coordination: The International Maritime Organization (IMO) plays a key role in coordinating
international response measures and facilitating information exchange among parties.
 Public Awareness and Education: Parties are encouraged to promote public awareness and education on
the risks of oil pollution and the importance of prevention, preparedness, and response measures.
 Compliance and Reporting: Parties are required to enact and enforce legislation, regulations, and measures
necessary for implementing the provisions of the convention, and submit periodic reports on their oil
pollution preparedness and response capabilities.

144. Explain how you will notify an oil spill that has occurred on your vessel at high seas.
As per the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990:

Article 4 – Oil Pollution Reporting Procedure:

Immediate Notification:

Parties to the convention shall establish procedures for immediate notification to the affected coastal state and the
appropriate authorities in case of a marine oil pollution incident occurring within their jurisdiction.

Detailed Report:

The party whose jurisdiction the incident occurred in or the party who receives the notification shall provide a
detailed report on the incident to the affected coastal state and the competent international organizations.

The report should include information on the circumstances, location, extent, and nature of the incident.

Additional Information:

The affected coastal state may request additional information from the party responsible for the incident to aid in
assessing and responding to the pollution.

Assistance to Affected Coastal State:

The party responsible for the incident shall offer assistance to the affected coastal state upon its request, including
resources, expertise, and equipment for oil pollution response.

Confidentiality:

The information exchanged between the affected coastal state and the party responsible for the incident shall be
treated as confidential unless otherwise mutually agreed.

International Coordination:

The International Maritime Organization (IMO) shall be promptly notified of the incident and shall assist in
coordinating international response measures, if necessary.

Follow-up Reports:

Parties involved shall provide follow-up reports on the measures taken to mitigate and clean up the pollution, as well
as the effects on the marine environment and related activities.

Information Exchange:

Parties shall share relevant information on the incident, response techniques, research findings, and best practices
to improve future response capabilities.

Non-liability:
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Compliance with the reporting procedure shall not prejudice any claims or rights of the affected coastal state, parties
involved, or other entities under applicable laws.

Compliance and Reporting:

Parties shall provide periodic reports to the IMO on the implementation of the reporting procedure and any
significant changes to their national systems.

SUA, 1988 – Protocol 2005

145. Discuss the salient provisions of international convention for the prevention of unlawful acts against the
safety of Maritime Navigation 1988. What is the important of this convention in the context of recent
incidents of Piracy? What is in 2005 protocol.
Salient Features:
 The International Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation
(SUA Convention) is an international treaty adopted in 1988.
 It aims to prevent and suppress unlawful acts that threaten the safety and security of maritime navigation
 It is a Multi-Lateral treaty which prohibits and punishes certain types of behaviour.
 Convention was held in 1988 and came into force in 1992.
 It has three chapters and 14 sections.
 It criminalizes the following behaviour,
- Ceasing control of the ship by force or a threat of a force.
- Committing an act of violence against any person on a ship.
- Destroying or damaging a ship or her cargo.
- Placing or causing to be placed on a ship, a device or a substance which is likely to destroy the ship.
- Destroying or damaging a ship’s navigational facilities.
- Communicating information which is known to be fake.
- Injuring or killing anyone while committing any one of the above acts.
 The Convention has the following principles,
- To prosecute a person that commits these acts.
- To send any individual to any other state provided extradition treaty exists
 Convention does not apply to the following ships,
a. Warships.
b. Govt. Ships not used for commercial purposes.
 The convention establishes the principle of universal jurisdiction, which allows states to exercise jurisdiction
over persons accused of committing unlawful acts regardless of their nationality or the location of the
offense.
 The convention emphasizes the importance of international cooperation among states to prevent and
suppress unlawful acts against maritime navigation
 The convention allows states to board and take control of a ship in certain circumstances, such as when
there are reasonable grounds to suspect that the ship has been involved in an unlawful act or when there is
a threat to the safety of navigation

Relevance of SUA in the context of recent Piracy Incidents:

 Criminalization and Prosecution: The SUA Convention obligates states to criminalize piracy and other
unlawful acts against maritime navigation. This helps in ensuring that pirates can be prosecuted and held
accountable for their actions.
 Universal Jurisdiction: The convention establishes the principle of universal jurisdiction, enabling states to
exercise jurisdiction over pirates regardless of their nationality or the location of the offense.

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  Cooperation and Information Sharing: It encourages the exchange of information on piracy-related threats,
sharing of best practices, and coordination of efforts to enhance maritime security. This collaboration helps
in improving the effectiveness of counter-piracy measures.
 Legal Framework for Boarding and Intervention: The convention provides a legal framework for states to
board and intervene in ships suspected of involvement in piracy. This helps in facilitating prompt and
effective response to piracy incidents.

Protocol 2005 to SUA:

 The 2005 Protocol to the SUA Convention adds a new Article 3b which states that a person commits an
offence within the meaning of the Convention if that person unlawfully and intentionally:
- when the purpose of the act, by its nature or context, is to intimidate a population,
- or to compel a Government or an international organization to do or to abstain from any act
- uses against or on a ship or discharging from a ship any explosive, radioactive material or BCN (biological,
chemical, nuclear) weapon
- discharges, from a ship, oil, liquefied natural gas, or other hazardous or noxious substance, in such quantity
or concentration that causes or is likely to cause death or serious injury or damage;
- uses a ship in a manner that causes death or serious injury or damage;
- transports on board a ship any explosive or radioactive material
 A new Article 8b in the 2005 Protocol covers co-operation and procedures to be followed if a State Party
desires to board a ship flying the flag of a State Party.
 The requesting Party shall have reasonable grounds to suspect that the ship or a person on board the ship is,
has been, or is about to be involved in, the commission of an offence under the Convention.
 The amendments to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed
Platforms Located on the Continental Shelf reflect those in the 2005 Protocol to the SUA Convention.

146. Explain the concept of “offence” as per the SUA Convention.

Chapter II – Offences:
Section – 3
Offences against ship, fixed platform, cargo of a ship, maritime navigational facilities, etc.
(1) Whoever unlawfully and intentionally
- (a) commits an act of violence against a person on board a fixed platform or a ship
- (b) destroys a fixed platform or a ship or causes damage to a fixed platform or a ship or cargo of the ship
- (c) seizes or exercises control over a fixed platform or a ship by force or threatens or in any other form
intimidates shall be punished with imprisonment for life.
- (d) places a device or substance which is likely to destroy or damage that fixed platform or that ship.
- (e) destroys or damages maritime navigational facilities or interferes with their operation
- (f) communicates information which he knows to be false thereby endangering the safe navigation of a ship

(g) If a person commits any of the offences as listed above and

- causes death to any person shall be punished with death

- causes grievous hurt to any person shall be punished with imprisonment for a term which may extend to
fourteen years
- causes injury to any person shall be punished with imprisonment for a term which may extend to ten years
- seizes or threatens a person shall be punished with imprisonment for a term which may extend to ten years
- threatens to endanger a ship or a fixed platform shall be punished with imprisonment for a term which may
extend to two years

(2) Whoever attempts to commit, or abets the commission of, an offence punishable under sub-section (1) shall be
deemed to have committed such offence.
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(3) Whoever unlawfully or intentionally threatens a person to compel that person to do or refrain from doing any act
or to commit any offence specified in sub-section 1.

(4) Where any act referred to in sub-section (1) is committed, —

(a) against or on board— (i) an Indian ship at the time of commission of the offence; or

(ii) any ship in the territory of India including its territorial waters;

(b) by a stateless person, such act shall be deemed to be an offence committed by such person for the
purposes of this Act

(5) Where an offence under sub-section (1) is committed and the person accused of or suspected of the commission
of such offence is present in the territory of India and is not extradited to any Convention State or Protocol State, as
the case may be, such person shall be dealt with in India in accordance with the provisions of this Act.

147. Describe the provisions of SUA Convention pertaining to:

(i) Acts that can be considered as offences
(ii) Co-operation between countries

Chapter II – Offences:
Section – 3
Offences against ship, fixed platform, cargo of a ship, maritime navigational facilities, etc.
(1) Whoever unlawfully and intentionally
- (a) commits an act of violence against a person on board a fixed platform or a ship
- (b) destroys a fixed platform or a ship or causes damage to a fixed platform or a ship or cargo of the ship
- (c) seizes or exercises control over a fixed platform or a ship by force or threatens or in any other form
intimidates shall be punished with imprisonment for life.
- (d) places a device or substance which is likely to destroy or damage that fixed platform or that ship.
- (e) destroys or damages maritime navigational facilities or interferes with their operation
- (f) communicates information which he knows to be false thereby endangering the safe navigation of a ship.

Article 8 - Cooperation and Extradition:

8.1 – The master of the ship may deliver any person who has committed offences to the authorities of any other
state party.

- The master shall have reasonable grounds to believe that the person has committed one of the offences.

8.2 If the master is having any such person onboard and intends to hand over to the other state party, the flag state
shall ensure the following: -

- The master shall give notification to the authorities of the receiving state of his intentions to deliver such
person.
- He shall provide valid reasons for his intentions.

8.3 The receiving state shall accept the deliver except in the case that it has reasons that the delivery is not in
compliance with the convention.

The receiving state shall provide statement of the reasons for refusal.

8.4 Flag state shall ensure that master is obliged to furnish the authorities of the receiving state with the evidence in
the master’s possession which pertains to the alleged offence.

8.5 A receiving state which has accepted the deliver, may request the flag state to accept delivery of that person.

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The flag state shall accept the delivery if it is in compliance with the convention.

If the flag state declines the request, it shall furnish the receiving state with statement of the reasons therefor.

Special Trade Passenger Ships Agreement 1971, Protocol 1973

148. Explain the provisions of Special Trade Passenger Ships Agreement
Special Trade Passenger Ships Agreement, 1971; Protocol on Space Requirements, 1973:

 The carriage of large numbers of unberthed passengers in special trades such as the pilgrim trade in a
restricted sea area around the Indian Ocean is of particular interest to countries in that area
 As a result, IMO convened an International Conference in 1971 to consider safety requirements for special
trade passenger ships in relation to the 1960 SOLAS Convention.
 The agreements aim to provide specific regulations and guidelines for special trade passenger ships, which
are vessels engaged in passenger transportation for a specific trade or purpose, such as ferries, excursion
vessels.
 The Protocol on Space Requirements for Special Trade Passenger Ships, 1973, provides detailed regulations
on the minimum space requirements and facilities for passenger accommodation, safety, and comfort on
special trade passenger ships.
 The agreements include provisions related to safety requirements, emergency procedures, lifesaving
equipment, firefighting systems, and other measures to ensure the safety of passengers and crew onboard
special trade passenger ships.
 The agreements specify requirements for the construction, stability, and subdivision of special trade
passenger ships, considering factors such as passenger capacity, operating conditions, and the potential for
adverse weather.
 The agreements outline the procedures for inspection and certification of special trade passenger ships to
ensure compliance with the applicable regulations and standards.
 Member states are encouraged to implement the provisions of the agreements into their national legislation
and regulations to ensure effective enforcement and compliance.

149. Describe the purpose and content of the following certificates with regard to the statutory provisions of
Merchant Shipping Act 1958: (a) Certificate A & B for special trade passenger ships; Safety Certificates in
respect of Cargo Ships.
Special trade passenger ships:
 Special trade passenger means passenger carried in spaces on the weather deck or upper deck or between
decks which accommodate more than eight passengers and includes a pilgrim or a person accompanying a
pilgrim.
 “Special trade passenger ship” means a mechanically propelled ship carrying more than thirty special trade
passengers
Purpose of Certificate A & B:
 Section 240: A ship intended to carry special trade passengers shall not commence a voyage without
certificate A and B.
 The certifying officer appointed by the central governments makes inspection upon receiving notice of sailing
is received and issues Certificate A & B.
Content of Certificate A:
Certificate A shall contain the following statements and particulars, namely:
 (i) that the ship is seaworthy;
 (ii) that the ship is properly equipped, fitted and ventilated;

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  (iii) the number of special trade passengers the ship is certified to carry; and
 (iv) such other particulars as may be prescribed.
 Certificate A shall remain in force for a period of one year from the date of issue or for such shorter period as
may be specified therein
Content of Certificate B:
Shall be in the prescribed form and shall state:

 (a)the voyage which the ship is to make, and the intermediate ports (if any) at which she is to touch
 (b)that she has the proper complement of officers and seamen
 (c) that the master holds
 a certificate of survey and certificate A
 a passenger ship safety certificate accompanied by an exemption certificate, a special trade
passenger ship safety certificate and a special trade passenger ship space certificate.
 a nuclear passenger ship safety certificate
 that she has on board number of licensed medical officers and number of attendants as required
 that food, fuel and pure water over and above what is necessary for the crew, and the other things (if any)
 in the case of a special trade passenger ship, if the ship is to make a voyage in season of foul weather and to
carry upper-deck passengers, that she is furnished with substantial bulwarks and a double awning or with
other sufficient protection against the weather
 number of cabins sufficient for embarked passengers
 Other particulars if any.
Safety Certificates on Cargo Ships:
 Safety construction certificates, safety equipment certificate, safety radio certificates are the safety
certificates issued to cargo ships.
 Section 299A: Cargo ship safety construction certificate is issued to the cargo ships of 500GT or more if it
complies with the construction rules made by MS Act in mentioned in Section 284.
 Section 300: Cargo ship safety equipment certificate is issued to the cargo ships of 500GT or more if it
complies with the provision of the MS act related to LSA and FFA; and also is provided with lights, shapes,
means of making fog signals and distress signals in compliance with collision regulations.
 Section 301: Cargo ship safety radio certificate is issued to the cargo ships of 300GT or more if it complies
with the rules of the MS Act related to radio installations.
 Under HSSC in compliance with 1988 protocol to SOLAS, all the three certificates are clubbed into one
certificate known as Cargo Ship Safety Certificate.
Contents of Cargo Ship Safety Certificate:
Apart of the general information about the ship, the certificates certify the following:
 That the ship has been surveyed in accordance with the requirements of the Convention.
 Statement on the results of the survey conducted. This includes all the equipment, items, machineries etc.
which comes under the scope of the three certificates
 If there is any trading area limitation.
 If exemption certificate issued.
 The validity of the certificate subject to the annual, intermediate and periodical surveys and inspections of
the outside of the ship's bottom

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 INTERNATIONAL CONVENTION ON LOAD LINES 1966, PROTOCOL - 1988
150. State and describe the salient features of load line convention?
Salient Features of Load Line Conventions
 International Convention on Load line was adopted in 1966 and came into force in 1968.
 The provisions in the conventions are made for determining the freeboard of ships by subdivision and
damage stability calculation.
 The convention consists of Annex I, Annex II, Annex III & Annex IV. Annex I consist of four chapters. 45
Regulations are present in these four chapters.
 Annex I - Chapter 1 – General details out about Load lines marked on the ship's hull, indicating the
maximum allowable draft corresponding to different load conditions.
 These marks are assigned by recognized organizations and are placed amidships on both sides of the vessel.
 The marks are divided into tropical, summer, winter, and other load lines based on the ship's assigned
freeboard and the load line zones it will operate in.
 Freeboard refers to the vertical distance between the waterline and the deck.
 Annex I – Chapter 2 – Conditions of Assignment of Freeboard sets minimum freeboard requirements based
on the ship's length, breadth, and other parameters.
 The purpose is to maintain sufficient reserve buoyancy, stability, and safety margins
 The regulations take into account the potential hazards present in different zones and different seasons.
 Annex II establishes several load line zones based on geographical areas, sea conditions, and seasonal
variations.
 Each zone has specific requirements for the assignment and positioning of load lines, considering factors like
wave height, sea temperature, and navigational limits.
 The technical annex contains several additional safety measures concerning doors, freeing ports, hatchways
and other items.
 The main purpose of these measures is to ensure the watertight integrity of ship’s hulls below the freeboard
deck.
 Ships intended for the carriage of timber deck cargo are assigned a smaller freeboard as the deck cargo
provides protection against impact of waves.
 Ships subject to the convention undergo load line surveys to ensure compliance with the requirements.
 These surveys are conducted by recognized classification societies or flag state authorities to verify the ship's
load line markings, structural integrity, stability calculations, and overall compliance with the convention's
standards.
 Ships complying with the Load Line Convention receive an International Load Line Certificate, which is valid
for a fiver year period subject to annual survey.

151. Describe the process of calculating the Freeboard for a ship.

As per Annex I - Chapter III – Regulation 27 To 40
 Determine Ship's Length: Measure the ship's length overall (LOA) from the forward surface of the stem to
the aft surface of the sternpost. This measurement is denoted as "L" in the convention.

 Determine Ship's Breadth: Measure the maximum breadth of the ship, excluding rubbing strakes or
protrusions. This measurement is denoted as "B" in the convention.

 Calculate Gross Volume: Calculate the ship's gross volume (V) in cubic meters using prescribed formulas and
rules specified in the convention.

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  Determine Block Coefficient: Calculate the ship's block coefficient (C) using the formula C = V / (L * B * Tc),
where "Tc" represents the ship's moulded depth, which is the vertical distance between the moulded base
line and the uppermost continuous deck.

 Determine Factor "K": Determine the factor "K" using the formula K = 0.6 + 0.4 * C.

 Determine Factor "A": Determine the factor "A" based on the type of ship, which is specified in Regulation
21 of the convention. The factor "A" takes into account the ship's form, purpose, and other characteristics.

 Calculate Minimum Freeboard: Calculate the minimum freeboard (F) using the formula F = A * K, as
specified in Regulation 22 of the convention.
 The minimum freeboard is the vertical distance measured amidships from the uppermost continuous deck to
the summer load line.

152. State the provisions regarding port state control inspection under load line conventions.

 The International Convention on Load Lines (ICLL) does not have a specific regulation that authorizes port
state control inspections.
 However, Article 218, 219 of UNCLOS and IMO Resolution A. 1155(32) PROCEDURES FOR PORT STATE
CONTROL authorizes port state control inspection of requirements of international regulations including
Load Line Convention.

As per Resolution A.1155(32) Appendix 2 - GUIDELINES FOR THE DETENTION OF SHIPS – Paragraph 5 – Detainable
Deficiencies

Areas Under LL 1966, LL PROT 1988:

 Significant areas of damage or corrosion or pitting of plating and associated stiffening in decks and hull
affecting seaworthiness or strength to take local loads
 A recognized case of insufficient stability
 The absence of sufficient and reliable information, in an approved form, which by rapid and simple means
enables the master to arrange for the loading and ballasting of the ship in such a way that a safe margin of
stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any
unacceptable stresses in the ship's structure is avoided
 Absence, substantial deterioration or defective closing devices, hatch closing arrangements and
watertight/weathertight doors
 Overloading
 Absence of, or impossibility to read, draught marks and/or Load Line Marks
 The means of freeing water from the deck not in satisfactory or operational condition
 It may be that the PSCO has concluded that a hull inspection is unnecessary but, if dissatisfied on the basis of
observations on deck, with items such as defective hatch closing arrangements, corroded air pipes and vent
coamings, the PSCO should examine closely the conditions of assignment of load lines, paying particular
attention to closing appliances, means of freeing water from the deck and arrangements concerned with the
protection of the crew.

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153. Describe the requirements for periodical inspections under International Convention on Load Lines
1966.
Article 14 - Initial, renewal and annual surveys
 1B A renewal survey at intervals specified by the Administration but not exceeding five years, which shall be
such as to ensure that the structure, equipment, arrangements, materials and scantlings fully comply with
the requirements of the present Convention.
 1C an annual survey within 3 months before or after each anniversary date of the certificate to ensure that:

- (i) alterations have not been made to the hull or superstructures which would affect the calculations
determining the position of the load line;
- (ii) the fittings and appliances for the protection of openings, guard rails, freeing ports and means of
access to crew’s quarters are maintained in an effective condition;
- (iii) the freeboard marks are correctly and permanently indicated

 2 The annual surveys referred to in paragraph (1)(c) of this article shall be endorsed on the International
Load Line Certificate or the International Load Line Exemption Certificate

As per Resolution A.1140(31) SURVEY GUIDELINES UNDER THE HARMONIZED SYSTEM OF SURVEY AND
CERTIFICATION – Appendix 2 - SURVEY GUIDELINES UNDER THE 1966 LL CONVENTION:

Annual Survey:

Checking the validity of all trading certificates

 checking the certificate of class, if the ship is classed with a classification society
 checking whether any new equipment has been fitted and, if so, confirm that it has been approved before
installation and that any changes are reflected in the appropriate certificate
 checking that the stability and, where applicable, the loading and ballasting information is available (LLC
66/88/08 regs.1 and 10; IS Code chs.1, 2 and 3)
 checking, in general, that there has been no deterioration in the strength of the hull (LLC 66/88 reg.1)
 checking the positions of the deck line and load line which, if necessary, are to be re-marked and re-painted
(LLC 66/88 regs.4 to 9)
 checking that no alterations have been made to the hull or superstructures that would affect the calculations
determining the position of the load lines (LLC 66/88 regs.11 to 45);
 examining the superstructure end bulkheads and the openings therein (LLC 66/88 regs.11 and 12);
 examining the means of securing the weathertightness of cargo hatchways, other hatchways and other
openings on the freeboard and superstructure decks (LLC 66/88 regs.13 to 18)
 examining the watertight integrity of the closures to any openings in the ship's side below the freeboard
deck (LLC 66/88 reg.21);
 examining the scuppers, inlets and discharges (LLC 66/88 reg.22);
 examining the means provided to minimize water ingress through the spurling pipes and chain lockers (LLC
66/88/03 reg.22-2);
 examining the bulwarks including the provision of freeing ports, special attention being given to any freeing
ports fitted with shutters (LLC 66/88/03 regs.24 and 25);
 examining the guardrails, gangways, walkways and other means provided for the protection of the crew and
means for safe passage of the crew (LLC 66/88/03 regs.25 and 25-1);
 checking, when applicable, the fittings and appliances for timber deck cargoes (LLC 66/88 regs.42 to 45).

For the load line the completion of the annual survey should consist of:

 after a satisfactory survey, endorsement of the International Load Line Certificate or International Load Line
Exemption Certificate;

Renewal Survey:
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Same as all the inspections of certificates and examining of various structure, equipment, fittings etc.

For the load line the completion of the renewal survey should consist of:

after a satisfactory survey, issuing the International Load Line Certificate or International Load Line Exemption
Certificate.

154. Write down the contents of following certificates: i) International load-line certificate. ii. record of
conditions of assignment of freeboard of a ship.

Contents of International Load Line Certificate:

 Certificate Number
 Issuing Authority (under the Authority of)
 Issued By (Classification Society)
 Name of the ship, Call Sign, Port of Registry, IMO number, etc
 Type of Ship (A or B60 or B100)
 Freeboard assigned as (New ship)
 Length of the ship (as defined in the Convention)
 Freeboards from Deck Line for all the Load Line Marks in ‘mm’
 Fresh Water Allowance in ‘mm’
Valid until date, subject to Annual surveys.
Completion date of the survey, date and place of issue of the Certificate
Sign and seal of the Authorized Person.
Space for Annual endorsements and other remarks.
Record of Conditions of assignment of freeboard of a ship:
Ship Particulars: The record starts with the ship's particulars, including the ship's name, IMO number, call sign, port
of registry, and official number. This section also includes information about the ship's length, breadth, and gross
tonnage.
Load Line Assignments: The record details the load line assignments for different load line zones. It includes the load
line zones the ship is assigned to, such as tropical, summer, winter, or any other relevant zones specified in
accordance with the load line regulations.
Freeboard Information: The record provides specific freeboard values for different conditions and zones. It includes
the minimum freeboard values determined based on the ship's length, breadth, and other relevant factors, as well as
any additional factors that may affect the freeboard, such as sheer, bow height, superstructure height, etc.

Correction Factors: If applicable, the record may also include correction factors that are applied to the minimum
freeboard values. These correction factors account for specific operating conditions and geographical areas, such as
the tropic factor, freshwater allowance, and seasonal variations.
Survey and Certification Information: The record mentions the survey and certification details related to the ship's
freeboard assignment. It includes the date of the initial survey, the name of the classification society or recognized
organization conducting the survey, and the issuing authority responsible for issuing the International Load Line
Certificate.

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Additional Remarks: Any additional remarks or notes related to the ship's freeboard assignment may be included in
the record. This section may include observations, conditions, or requirements specific to the ship's load line
compliance.

155. Explain survey preparation for load line survey?

As per latest resolution on HSSC, A 1140 (31), Annex 2:

 Checking, in general, that there has been no deterioration in the strength of the hull
 Checking the positions of the deck line and load line which, if necessary, are to be re-marked and re-painted
 Checking the positions of the deck line and load line which, if necessary, are to be re-marked and re-painted
 Examining the superstructure end bulkheads and the openings therein
 Examining the means of securing the weathertightness of cargo hatchways, other hatchways and other openings
on the freeboard and superstructure decks
 Examining the ventilators and air pipes, including their coamings and closing appliances
 Examining the watertight integrity of the closures to any openings in the ship's side below the freeboard deck
 Examining the scuppers, inlets and discharges
 Examining the garbage chutes
 Examining the means provided to minimize water ingress through the spurling pipes and chain lockers
 Examining the sidescuttles and deadlights examining the bulwarks including the provision of freeing ports, special
attention being given to any freeing ports fitted with shutters
 Examining the guardrails, gangways, walkways and other means provided for the protection of the crew and
means for safe passage of the crew
 Examining the special requirements for ships permitted to sail with type "A" or type "B-minus" freeboards
checking, when applicable, the fittings and appliances for timber deck cargoes
 Checking that the stability and, where applicable, the loading and ballasting information is available
 Checking whether any new equipment has been fitted and, if so, confirm that it has been approved before
installation and that any changes are reflected in the appropriate certificate
 Validity of all trading certificates.

STCW – 1978

156. What the salient features of STCW ’78 convention are, as amended in 2010. Why the amendment was
necessary? Enumerate the 2010 Manila Amendments to Standards of Training Certification and Watch
Keeping (STCW 1978)

Introduction:

 The 1978 STCW convention was the first to establish basic requirements on training, certification and watch
keeping or seafarers on an international level.
 Earlier such standards were established by individual governments, usually without reference to practices in
other countries. As a result, standards and procedures varied widely.
 It was adopted in 1978 and entered into force in 1984.
 The convention prescribes minimum standards relating to training, certification and watch keeping for
seafarers which countries are obliged to meet or exceed.
Watchkeeping Standards:
 The STCW '78 convention sets standards for watchkeeping, ensuring that seafarers are adequately trained
and capable of performing their duties while maintaining the safety of the ship and its crew.
 It includes provisions related to watch schedules, rest periods, and fitness for duty.

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 Medical Fitness:
 The convention requires seafarers to meet medical fitness standards to ensure that they are physically and
mentally capable of performing their duties at sea.
Procedures for Flag States:
 The convention includes provisions for flag states to issue certificates of competency and endorsements to
seafarers who meet the prescribed standards.
Port State Control:
 The convention empowers port states to carry out inspections and ensure that ships visiting their ports
comply with the STCW requirements.
Familiarization and Updating Training:
 It requires seafarers to receive regular updates on new technologies, regulations, and best practices to
enhance their competence and awareness.
2010 Amendments:
 The amendments were necessary to address Technological Advances, changing industry practices, Enhanced
safety standards, to harmonize with other international instruments, recognition of non- traditional seafarer
roles, quality assurance and oversight.
Technological Advances:
 The amendments incorporated new training requirements to address the use of advanced navigation and
communication technologies, such as ECDIS and GMDSS.
Changing Industry Practices:
 The amendments introduced new training modules to address emerging challenges in the maritime industry,
such as training for dealing with piracy and armed robbery incidents, maritime security awareness, and
measures to prevent pollution from ships.
Enhanced Safety Standards:
 It strengthened safety-related training, including topics like shipboard firefighting, personal safety and social
responsibilities, ship stability, and cargo handling.
Recognition of Non-Traditional Seafarer Role
 The amendments introduced specific training and certification requirements for electro-technical officers
(ETO) to address the increasing importance of electrical and electronic systems on ships.
Quality Assurance and oversight:
 Amendments introduced modern training methodology including distance learning and web-based learning.
 Brought criteria for the qualification of instructors, facilities and equipment requirements, and regular
monitoring and assessment to ensure that the training institutions meet the necessary quality standards.
 Also rest hours increased from 70 hours to 77 hours per week for decent working of seafarer on board.
Other Significant Amendments:
 Improved measures to prevent fraudulent practices associated with COC and strengthen evaluation process.
 New requirements for the prevention of drug and alcohol abuse.
 Updated standards relating to medical fitness standards for seafarers.
 New requirements for able seafarers to have certificate of proficiency for boarding vessel.
 New training regulations for ship staff in polar water and personnel operating DP system.
 New requirement on awareness training on maritime environment and pollution prevention.

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157. As per STCW 1978 as amended explain the conditions under which a ship will be subject to detailed
PSC inspection or Describe the Port State Control provisions in STCW convention.
Article X of STCW Convention provides provision for Port State Control Inspection.
Article X – Control:
1. Ships when in the port of the member state are subject for inspection related to STCW by authorized officers.
The officers shall verify that all seafarers serving on board have valid certificates.
2. A detailed inspection of PSC is required if there are deficiencies found as mentioned in Regulation I/4 of the
convention.
Regulation I/4:
1.1 Verifying that all seafarers hold valid certificates as per the convention.
1.2 Verifying that number of seafarers serving on board are in conformity with the applicable safe manning
requirements of the Administration.
1.3 Assessment of the ability of the seafarers of the ship to maintain watchkeeping and security standards shall be
carried out if any of the following have occurred:
- the ship has been involved in a collision, grounding or stranding
- there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal
under any international convention
- the ship has been manoeuvred in an erratic or unsafe manner whereby routeing measures adopted by the
Organization or safe navigation practices and procedures have not been followed
- the ship is otherwise being operated in such a manner as to pose a danger to persons, property, the environment,
or a compromise to security
2. Deficiencies which may be deemed to pose a danger to persons, property or the environment include the
following
- failure of seafarers to hold a certificate, to have an appropriate certificate
- failure to comply with the applicable safe manning requirements of the Administration
- failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by
the Administration
- absence in a watch of a person qualified to operate equipment essential to safe navigation, safety
radiocommunications or the prevention of marine pollution
- inability to provide, for the first watch at the commencement of a voyage and for subsequent relieving watches,
persons who are sufficiently rested and otherwise fit for duty

158. Explain minimum rest hour regulations as per STCW 2010 amendments

Hours of rest may be summarised as follows: -

 A minimum of 10 hours rest is required to be provided in any 24-hour period;
 The periods of rest may be divided into no more than two periods, one of which shall be at least six hours in
length.
 Intervals between consecutive periods of rest shall not exceed 14 hours;
 A minimum of 77 hours rest is required in any seven-day period.
The above requirements do not apply in the case of emergency or in other overriding operational conditions.
Musters and drill shall be conducted in a manner that causes minimum disruption to rest periods and does not
induce fatigue.
Shipowners or operators are required to maintain records of seafarers' hours of work and hours of rest.
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These records should include the start and end times of work and rest periods, as well as any exceptional
circumstances or adjustments made.

International Convention on Tonnage Measurement of Ships, 1969

159. With reference to Tonnage Convention write notes on: (i) Gross Tonnage & (ii) Excluded spaces
International Convention on Tonnage Measurement of Ships, 1969

i. Gross Tonnage:

Article 2 Definitions – “gross tonnage" means the measure of the overall size of a ship determined in accordance
with the provisions of the present Convention

Annex-1 Regulation 3 – Gross Tonnage:

The gross tonnage (GT) of a ship shall be determined by the following formula:

GT = K1 V

where: V= Total volume of all enclosed spaces of the ship in cubic metres,

K1 = 0.2 + 0.02 log10V

 Enclosed spaces are all those spaces which are bounded by the ship's hull, by fixed or portable partitions or
bulkheads, by decks or coverings other than permanent or movable awnings.
 No break in a deck, nor any opening in the ship's hull, in a deck or in a covering of a space, or in the
partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from
being included in the enclosed space.
 Regulation 6: In calculating the tonnage, all volumes shall be measured to the inner side of the shell or
structural boundary plating in ships.
 Volumes of appendages shall be included.
Annex 1 – Regulation 2 Definition (5) Excluded Spaces:

 Volume of excluded spaces shall not be included in the volume of enclosed spaces except in the following
conditions

- the space is fitted with shelves or other means for securing cargo or stores;
- the openings are fitted with any means of closure;
- the construction provides any possibility of such openings being closed

Following are the other excluded spaces:

i. Space within an erection opposite an end opening extending from deck to deck except for a curtain plate of
a depth not exceeding by more than 25 millimetres (one inch) the depth of the adjoining deck beams, such
opening having a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the
opening of the space.

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 ii. Should the width of the space because of any arrangement except by convergence of the outside plating,
become less than 90 per cent of the breadth of the deck, only the space between the line of the opening and
a parallel line drawn through the point where the athwartships width of the space becomes equal to, or less
than, 90 per cent of the breadth of the deck shall be excluded from the volume of enclosed spaces

iii. Where an interval which is completely open except for bulwarks or open rails separates any two spaces, the
exclusion of one or both of which is permitted under sub-paragraphs (a) (i) and/or (a) (ii), such exclusion
shall not apply if the separation between the two spaces is less than the least half breadth of the deck in way
of the separation

160. Explain with figures the cases where a space may be exempted from inclusion in the tonnage as per
1969 amendments to the above Convention?

 Spaces Required for the Propulsion Machinery: Spaces necessary for the propulsion machinery may be
exempted from tonnage calculations. This includes engine rooms, boiler rooms, fuel tanks, and similar areas
directly associated with the functioning of the propulsion system.
 Spaces for Ancillary Machinery: Spaces containing machinery or equipment ancillary to the propulsion
system, such as refrigeration machinery, steering gear compartments, and winch rooms, may be exempted.
 Anchor Handling Spaces: Spaces exclusively used for anchor handling equipment, including chain lockers
and anchor windlasses, may be exempted from tonnage calculations.
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  Steering Gear Compartments: Spaces housing the ship's steering gear, such as the steering gear room, may
be exempted.
 Spaces for Lifesaving and Safety Equipment: Spaces dedicated to lifesaving and safety equipment, such as
lifeboat compartments and life raft stowage areas, may be exempted.
 Spaces for Fresh Water and Ballast Water: Spaces used exclusively for the storage of fresh water or ballast
water may be exempted.

161. With reference to Tonnage Convention differentiate between Gross Tonnage & Net Tonnage

S.No Gross Tonnage Net Tonnage

Gross tonnage (GT) is a measure of the total Net tonnage (NT) is a measure of a ship's total available
1 internal volume of a ship, including all enclosed cargo and passenger carrying capacity.
spaces and structures, with certain exceptions.
Gross tonnage is calculated by applying a Net tonnage is calculated by deducting specific spaces
formula that takes into account the total and volumes from the gross tonnage measurement,
enclosed volume of all spaces within the ship, including spaces that are not considered available for
2
including cargo holds, machinery spaces, cargo or passengers, such as machinery spaces, fuel
passenger areas, crew accommodations, and tanks, and other exempted areas
other compartments.
3 GT = K1V NT = K2Vc(4d / 3D )2 + K3(N1 + N2/10)
Gross tonnage is primarily used for determining Net tonnage is primarily used for assessing port dues,
the size of a ship for regulatory and determining registration fees, and establishing crewing
4 administrative purposes, such as assessing port and manning requirements
fees, determining manning requirements, and
establishing safety regulations.
Inclusions: Gross tonnage includes all spaces Exclusions: Net tonnage excludes spaces that are not
within the ship, regardless of their function or available for carrying cargo or passengers, such as
5 purpose, except for certain exempted spaces machinery spaces and other areas deemed non-
explicitly specified in the International Tonnage revenue generating.
Convention.
Gross tonnage is measured in units of gross Net tonnage is measured in units of net tons, which are
tons, which are calculated based on a also calculated based on a mathematical formula
6
mathematical formula defined in the defined in the International Tonnage Convention.
International Tonnage Convention.

162. With reference to Tonnage Convention differentiate between Enclosed Space & Excluded Space
S. No Enclosed Space Excluded Space
Enclosed spaces are included in the calculation Excluded spaces are not included in the calculation of
1
of gross tonnage gross tonnage.
Contribute to the total internal volume of the Not considered part of the ship's total internal volume.
2
ship.
Examples: cargo holds, machinery spaces, crew Examples: spaces for propulsion machinery, anchor
3
accommodations, passenger areas, etc. handling equipment, steering gear, etc.
The measurement of enclosed spaces Do not have a direct impact on determining the ship's
contributes to determining the size and size or regulatory obligations.
4 regulatory requirements of the ship, such as
port fees, manning requirements, and safety
regulations
Contribute to revenue generating functions. Typically associated with non-revenue-generating
5
functions.
`
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 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

163. Explain the salient features of NPDES regulation.

Salient Features:

 The National Pollutant Discharge Elimination System (NPDES) is a regulatory program in the United States
that governs the discharge of pollutants into the nation's waters, including rivers, lakes, streams, and coastal
areas.
 The NPDES regulation, administered by the U.S. Environmental Protection Agency (EPA)
 The NPDES regulation establishes a permitting system that requires facilities to obtain a permit before
discharging pollutants into the waters of the United States.
 This includes both point source discharges, such as wastewater treatment plants, industrial facilities, ships
etc.
 The NPDES program sets technology-based effluent limitations for different types of point source discharges.
 These limitations are based on the best available technology economically achievable (BAT).
 It requires facilities to implement measures to reduce the discharge of pollutants to acceptable levels.
 Vessels are subject to the Vessel General Permit (VGP), which is part of the NPDES.
 This regulates incidental discharges from commercial vessels operating in U.S. waters
 The VGP covers discharges such as ballast water, bilge water, deck runoff, and anti-fouling coatings.
 It sets specific requirements for pollution prevention and management practices for covered vessels.
 Each of the 26 specific discharge streams covered under the VGP is addressed in detail in the VGP

Some of the requirements are:

 For deck washdown, vessels must use cleaners and detergents that are phosphate free and non-toxic, and it
is also recommended that they are biodegradable and minimally caustic.
 Vessels must also maintain tidy decks and minimize garbage and other debris from entering the water
 Bilge Water: Unless it’s not technologically feasible or is required for safety or stability, vessels greater than
400 gross tons that regularly sail outside the territorial seas (at least once a month) are not permitted to
discharge bilge water into waters within 1 nautical mile of shore, between 1 and 3 nautical miles unless
sailing at least 6 knot or faster, or into other regulated waters.
 Ballast Water: The VGP incorporates other Coast Guard regulations for mandatory ballast water
management and exchange standards. Does not allow sediments to be discharged into the coastal waters.
 Numerous records must be kept to comply with the VGP. These include owner and voyage information, a
voyage log, records of any violation of any effluent limit and corrective action taken, a record of routine
inspections and any deficiencies or problems found, a log of findings from annual inspections.

164. Describe in brief requirements for voyage general permit under NPDES regulations, prior calling on to
US ports.

• The National Pollutant Discharge Elimination System (NPDES) is a system under the US environmental
protection rules (Clean Water Act) to minimize pollution within US territorial waters (3 nm).
• For ships greater than 79 feet in length, all the requirements are laid out in a document called the Vessel
General Permit (VGP).
• These requirements are additional to international environmental rules such as MARPOL.
Requirements:
• Vessels of 300 gross tons and above or vessels which have the capacity to hold/discharge more than 8 cubic
metres of ballast water must submit a Notice of Intent (NOI).
• NOI filing must take place at least 30 days prior to the vessel’s first entry into US territorial waters.
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 • The initial permits will be valid for 5 years.
• Obtain a Certificate of Compliance (COC) from your vessel's flag administration or a recognized classification
society.
• The COC certifies that the vessel meets the requirements of the VGP.
• VESSEL GENERAL PERMIT issued provides authorization for discharging incidental to normal operation of the
vessels.
• Failure to file an NOI in a timely manner will result in non-coverage of discharges from the vessel under the
permit and violations of the Clean Water Act, regardless of whether the vessel discharges were in
compliance with the substantive permit requirement.
• Vessel must comply with the discharge limits set out in VGP.

165. Enumerate the contents of the various discharge types that are eligible for coverage under VGP.

Regulation 2.2.1 - Deck Washdown and Runoff and Above Water Line Hull Cleaning:
 Vessel owner/operators must minimize the introduction of on-deck debris, garbage, residue and spill into
deck washdown and runoff discharges.
 The drip pans must be drained to a waste container for proper disposal and/or periodically wiped and
cleaned.
 If deck washdowns or above water line hull cleaning will result in a discharge, they must be conducted with
non-toxic and phosphate free cleaners and detergents.

2.2.2 Bilge water:

 All vessels must minimize the discharge of bilge water into waters subject to this permit.
 This can be done by minimizing the production of bilge water, disposing of bilge water on shore where
adequate facilities exist, or discharging into waters not subject to this permit (i.e., more than 3 nautical miles
(nm) from shore) for vessels that regularly travel into such waters.
 Vessel operators may not use dispersants, detergents, emulsifiers, chemicals or other substances to remove
the appearance of a visible sheen in their bilge water discharge.
 Vessels greater than 400 gross tons shall not discharge untreated oily bilge water into waters subject to this
permit.
2.2.3 Discharges of Ballast Water:
 All discharges of ballast water must comply with the Coast Guard regulations found in 33 CFR Part 151.
 All discharges of ballast water may not contain oil, noxious liquid substances (NLSs), or hazardous substances
in a manner prohibited by U.S. laws, including section 311 of the Clean Water Act.
 Any vessels that carry ballast water that was taken on in areas less than 200 nautical miles from any shore
that will subsequently operate beyond the Exclusive Economic Zone (EEZ) and more than 200 nm from any
shore must carry out an exchange of ballast water for any tanks that will discharge ballast water into waters
subject to this permit

2.2.4 Anti-Fouling Hull Coatings

 For anti-fouling hull coatings not subject to FIFRA registration i.e. not produced for sale and distribution in
the United States, must not contain any biocides or toxic materials banned for use in the United States
 At the time of initial application or scheduled reapplication of anti-fouling coatings, you must give
consideration, as appropriate for vessel class and vessel operations, to the use of hull coatings with the
lowest effective biocide release rates, rapidly biodegradable components (once separated from the hull
surface), or non-biocidal alternatives, such as silicone coating.
 The discharge of Tributyltin (TBT) or any other organotin compound is prohibited by this permit

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2.2.5 Aqueous Film Forming Foam (AFFF)

 Discharges of AFFF are authorized for emergency purposes when needed to ensure the safety and security of
the vessel and her crew.
 For all vessels that sail outside of the territorial sea more than once per month, maintenance and training
discharges of fluorinated AFFF are not authorized within waters subject to this permit.
 For vessels that do not leave the territorial sea more than once per month, if maintenance and training
discharges are required, AFFF must be collected and stored for onshore disposal if technologically feasible
unless the vessel uses non-fluorinated or alternative foaming agent.
2.2.6 Boiler/Economizer Blowdown

 Minimize the discharge of boiler/economizer blowdown in port if chemicals or other additives are used to
reduce impurities or prevent scale formation.
 For vessels greater than 400 gross tons which leave the territorial sea at least once per week,
boiler/economizer blowdown may not be discharged in waters subject to this permit, unless:
• The vessel remains within waters subject to this permit for a longer period than the necessary duration
between blowdown cycles,
• The vessel needs to conduct blowdown immediately before entering drydock, or

• For safety purposes.

2.2.7 Cathodic Protection

 Cathodic protection must be maintained to prevent the corrosion of the ship’s hull.
 The discharge of zinc, magnesium, and aluminium are expected from properly functioning cathodic
protection sacrificial electrodes.
 However, vessel operators must minimize the flaking of large, corroded portions of these anodes.
 Sacrificial anodes must not be used more than necessary to adequately prevent corrosion of the vessel’s
hull, sea chest, rudder, and other exposed areas of the vessel

166. Explain the purpose and contents of Vessel Response Plan (VRP) as per Oil Pollution Act of USA, 1990.
VRP:
 The Vessel Response Plan (VRP) is a requirement under the Oil Pollution Act (OPA) of 1990 in the United
States.
 Its purpose is to ensure that vessel operators have a comprehensive and pre-established plan to respond
effectively to oil spills or other hazardous substance releases in U.S. waters.
 The VRP provides guidance and procedures for mitigating the impact of such incidents and minimizing
environmental damage.

Purpose of the VRP:

 The VRP aims to facilitate a swift and organized response to oil spills and hazardous substance releases by
requiring vessel operators to establish a proactive plan.
 The plan ensures that appropriate resources, personnel, equipment, and strategies are in place to respond
effectively to incidents, protect the environment, and mitigate the potential harm caused by spills.
Applicability:
 The VRP applies to vessels operating in U.S. navigable waters and ports, including tank vessels, non-tank
vessels above certain size thresholds, and vessels carrying certain hazardous substances.
 The requirements vary depending on vessel type, size, cargo, and operating area.
VRP Contents:
The VRP consists of several key components and information, including:

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a. Identification Information: Vessel-specific details, such as the vessel's name, owner/operator information, contact
details, and unique identifiers.
b. Geographic Area and Operating Information: Description of the vessel's operating areas, including specific
navigable waters and ports where it operates.
c. Personnel and Equipment: Identification and availability of qualified response personnel, their roles and
responsibilities, and a detailed inventory of response equipment, such as containment booms, skimmers, and oil spill
response vessels.
d. Response Strategies and Procedures: Specific response strategies, including containment, recovery, and disposal
measures, as well as detailed procedures for deploying response equipment, notifying authorities, and coordinating
with other response entities.
e. Training and Exercise Programs: Documentation of training programs for response personnel, including frequency
and content of training sessions. It also includes plans for conducting exercises to test the effectiveness of response
capabilities.
f. Communications and Reporting: Procedures for communicating with appropriate authorities, such as the U.S.
Coast Guard, National Response Center, and other relevant agencies, as well as reporting requirements for incidents,
spill volumes, and response actions taken.
Approval and Review:
 Vessel operators are required to submit their VRPs to the U.S. Coast Guard for review and approval.
 The Coast Guard assesses the plan to ensure it meets the regulatory requirements and is capable of an
effective response.
 VRPs must be reviewed and updated periodically to reflect changes in vessel operations, equipment
availability, regulations, or other relevant factors.

Convention on Limitation of Liability for Maritime Claims

167. Describe the contents of Convention on Limitation of Liability for Maritime Claims (LLMC).
Adoption: 19 November 1976; Entry into force: 1 December 1986; Protocol of 1996: Adoption: 2 May 1996;
Entry into force: 13 May 2004

 Scope: The convention applies to claims for compensation arising from maritime incidents, such as ship
collisions, property damage, personal injury, or pollution.
 Limitation of Liability: It establishes a system of limitation that allows shipowners and other liable parties to
limit their liability to a specified maximum amount.
 Permissible Claims: The convention covers various types of claims, including loss of life, personal injury, loss
or damage to property, environmental damage, and salvage.
 Excluded Claims: Some claims, such as claims for nuclear damage, are excluded from the convention's scope
and cannot be limited.
 Establishment of Limitation Fund: The convention allows for the establishment of a limitation fund to
compensate claimants.
 Right to Contest Limitation: The convention provides claimants with the right to contest the shipowner's
right to limit liability under certain circumstances.
 Time Limitations: The convention sets time limitations for filing claims and commencing limitation
proceedings.
 Supplementary Fund Protocol: The convention has a Supplementary Fund Protocol that provides additional
compensation for claims exceeding the limits of liability.

Limitations amount under LLMC:

Personal Injury or Death Claims:

 For ships not exceeding 2,000 gross tons: 3.02 million Special Drawing Rights (SDRs).
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  For each additional ton up to 30,000 tons: Additional 1,208 SDRs per ton.
 For each ton above 30,000 tons: Additional 604 SDRs per ton.

Property Damage Claims:

 For ships not exceeding 2,000 gross tons: 1.51 million SDRs.
 For each additional ton up to 30,000 tons: Additional 604 SDRs per ton.
 For each ton above 30,000 tons: Additional 302 SDRs per ton.

Other Claims:

 Claims for loss of or damage to baggage, goods, or vehicles on board the ship has a limitation amount of 833
SDRs per passenger or 2.05 SDRs per kilogram, whichever is higher.
 Claims for delay have a limitation amount of 4,694 SDRs per passenger.

London Dumping Convention

168. Explain salient features of London Dumping convention?

 Scope: The convention aims to prevent marine pollution by regulating the dumping of wastes and other
matter into the sea.
 Dumping Prohibition: It prohibits the dumping of harmful substances, including radioactive materials and
other hazardous wastes, to protect the marine environment.
 Dumping Criteria: The convention establishes criteria and guidelines for assessing and regulating the
acceptability of substances and materials to be dumped at sea.
 Control and Permits: It establishes a control regime requiring parties to obtain permits for dumping
activities and implementing monitoring and reporting requirements.
 Regional Agreements: The convention encourages the formation of regional agreements among parties for
more effective cooperation and coordination on dumping matters.
 Scientific Research and Monitoring: It promotes scientific research, monitoring, and assessment programs
to understand the effects of dumping on the marine environment and ecosystems.
 Technology and Best Practices: The convention promotes the development and adoption of best practices
and technologies to minimize the environmental impact of waste disposal at sea.
 International Cooperation: It fosters international cooperation and information exchange among parties to
address the global issue of marine pollution from dumping activities.
 Liability and Compensation: The convention includes provisions for liability and compensation for damage
caused by violations of the dumping regulations.
 Compliance and Reporting: Parties are required to implement national legislation, regulations, and
measures necessary for compliance and submit periodic reports on their dumping activities to the
International Maritime Organization (IMO).

169. Explain the objective of London Dumping Convention? How are the objectives achieved? Is India party
to it?

Objectives:
 Prevent Marine Pollution: The convention aims to prevent marine pollution by regulating the dumping of
wastes and other matter into the sea.
 Protect Marine Environment: It seeks to protect and preserve the marine environment and ensure the
sustainable use of marine resources.
 Prohibit Dumping of Harmful Substances: The convention prohibits the dumping of harmful substances,
including radioactive materials and other hazardous wastes.
 Regulate Dumping Activities: It establishes a regulatory framework for the control and management of all
forms of waste disposal at sea.

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  Promote International Cooperation: The convention encourages international cooperation among states to
address the global issue of marine pollution from dumping activities.
 Facilitate Research and Monitoring: It promotes research, monitoring, and assessment of the effects of
dumping on the marine environment and ecosystems.
 Encourage Adoption of Best Practices: The convention encourages the adoption of best practices and
technologies to minimize the environmental impact of waste disposal at sea.
Objectives are achieved by:

 Regulatory Framework: The convention provides a comprehensive regulatory framework that sets rules,
standards, and guidelines for the dumping of wastes and other matter at sea.
 Prohibition of Harmful Substances: The convention explicitly prohibits the dumping of harmful substances,
including radioactive materials, industrial waste, and other hazardous materials, to prevent their adverse
effects on marine ecosystems.
 Permitting System: The convention establishes a permitting system that requires parties to obtain specific
permits before engaging in any dumping activities, ensuring proper authorization and oversight.
 Monitoring and Reporting: Parties to the convention are required to monitor and report on their dumping
activities, enabling the assessment of potential environmental impacts and identifying non-compliance.
 Scientific Research and Assessment: The convention promotes scientific research and assessment programs
to better understand the effects of dumping on the marine environment, ecosystems, and human health.
India is not party to the convention. As per DG, Consideration kept in abeyance.

The International Convention for the Control and Management of Ships' Ballast Water and
Sediments

170. Describe the salient features of the following BWMP

 Documentation: The BWMP is a documented plan for managing ballast water on ships.
 Ballast Water Exchange: The plan includes procedures for conducting ballast water exchange at sea.
 Ballast Water Treatment Systems: If equipped, the plan covers the proper use and maintenance of
treatment systems.
 Record Keeping: The plan requires the maintenance of records related to ballast water management
activities.
 Training and Familiarization: Crew members receive training on ballast water management procedures.
 Risk Assessment and Management: The plan includes provisions for conducting risk assessments and
implementing risk management measures.
 Port State Control Inspections: The plan is reviewed during inspections to ensure compliance with
convention requirements.
 Continuous Improvement: The plan promotes regular reviews and updates to enhance ballast water
management practices.
 Compliance with Convention Requirements: The plan ensures adherence to the guidelines and standards
outlined in the convention.
 Prevention of Harmful Organism Transfer: The plan aims to minimize the transfer of harmful aquatic
organisms.
 Environmental Protection: The plan contributes to the protection of marine ecosystems.
 Human Health Protection: Proper ballast water management helps safeguard human health from potential
pathogens.
 Operational Efficiency: Effective management practices improve ship operations and reduce risks.
 International Standardization: The plan aligns with international standards and guidelines for ballast water
management.
 Prevention of Biological Pollution: The plan mitigates the risk of introducing invasive species through ballast
water discharge.

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171. Describe in brief different types of standards (exchange & performance laid down in BW convention
for removal of alien micro-organisms.
Exchange Standards:

 Ballast water exchange standards are designed to minimize the number of viable microorganisms present in
ballast water by exchanging it in open seas.
The convention specifies two exchange methods:
Flow-through Exchange: This method involves replacing the ballast water with seawater while the ship is underway.
The exchange must occur at least 200 nautical miles from the nearest land and in water depths of at least 200
meters.

Empty-Refill Exchange: With this method, the ship empties its ballast tanks completely and refills them with mid-
ocean water. The exchange must take place at least 200 nautical miles from the nearest land and in water depths of
at least 200 meters.

These exchange methods aim to reduce the concentration of alien microorganisms in ballast water by flushing out
and replacing it with cleaner water from the open sea

Performance Standards:

 Performance standards focus on the efficacy of ballast water treatment systems in removing or inactivating
microorganisms in the ballast water.
The convention sets out specific criteria that treatment systems must meet:

D-1 Standard:

 The D-1 standard requires that treatment systems achieve a specified minimum level of organism viability
reduction, measured by the concentration of viable organisms in the treated ballast water.
D-2 Standard:

 The D-2 standard demands a higher level of efficacy from treatment systems, ensuring that organisms are
rendered incapable of reproduction or survival in the receiving environment.
 It sets maximum allowable limits for the concentration of viable organisms in the treated ballast water.
The performance standards aim to ensure that treatment systems effectively treat ballast water to remove or
neutralize harmful microorganisms, minimizing the risk of introducing invasive species.

ILO CONVENTIONS

172. Write short notes on any two of the following ILO conventions:
a) Right to organize & Collective bargaining conventions no. 98
b) Ship’s Medical Chest recommendations No. 105.
c) Seafarers Identity Documents Conventions No. 108.

a) Right to organize & Collective bargaining conventions no. 98:

Purpose:
 Convention No. 98 aims to promote and protect the freedom of workers and employers to establish and join
organizations of their choosing, including trade unions and employers' associations.
 It also emphasizes the importance of collective bargaining as a means of regulating employment conditions
and promoting social dialogue.
Fundamental Rights:

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The convention recognizes the fundamental rights of workers and employers to form and join organizations without
any interference from employers, public authorities, or other groups.
Protection against Anti-Union Discrimination:
Convention No. 98 prohibits any form of discrimination against workers due to their membership in a trade union or
participation in union activities.
It safeguards workers from unfair treatment, dismissal, or any adverse action based on their union affiliation.
Collective Bargaining:
The convention emphasizes the importance of collective bargaining between employers and workers' organizations
as a means of determining employment conditions, such as wages, working hours, and other terms of employment.
Measures for Implementation:
Convention No. 98 calls upon member states to take appropriate measures to promote and facilitate the exercise of
freedom of association and collective bargaining.
Reporting and Supervision: Member states that ratify Convention No. 98 are required to report on the measures
they have taken to implement the convention and provide information on the practical application of its provisions..
b) Ship’s Medical Chest Recommendations No. 105.
 Recommendation No. 105, also known as the Ships' Medicine Chests Recommendation, 1958, is an
international recommendation issued by the International Labour Organization (ILO).
 Purpose: Recommendation No. 105 aims to ensure that ships are equipped with appropriate medical
supplies and equipment to provide necessary medical care and treatment to seafarers on board.
 Medical Supplies and Equipment: The recommendation outlines the essential medical supplies and
equipment that should be available on board ships.
 This includes items such as medications, medical instruments, bandages, dressings, disinfectants, and first
aid materials.
 Standards for Medicine Chests: Recommendation No. 105 specifies the standards for the construction,
labelling, and storage of ships' medicine chests.
 Medical Personnel Training: The recommendation highlights the importance of having personnel on board
who are trained in administering first aid and providing basic medical care
 Regular Inspections and Replenishment: Ships' medicine chests should be subject to regular inspections to
ensure that the contents are in good condition, not expired, and comply with the recommended standards.
 Compliance and Promotion: Member states and shipowners are encouraged to promote and implement the
provisions of Recommendation No. 105.
c) Seafarers Identity Documents Conventions No. 108.
 Purpose: Convention No. 108 was adopted by the International Labour Organization (ILO) to establish
standards for the issuance and use of seafarers' identity documents.
 The convention aims to ensure that seafarers have proper identification and documentation to facilitate
their movement across borders and access to seafaring employment.
 Issuance of Identity Documents: The convention provides guidelines for member states on issuing seafarers'
identity documents.
 These documents should be readily recognized and accepted by authorities in different countries as proof of
identity and seafarer status.
 Information and Data: Convention No. 108 outlines the information and data that should be included in
seafarers' identity documents.
 This typically includes personal details, qualifications, and a recent photograph of the seafarer.
 The documents should be designed to prevent forgery and unauthorized alterations.
 Acceptance and Recognition: The convention emphasizes the importance of international acceptance and
recognition of seafarers' identity documents.
 Member states are responsible for ensuring that appropriate measures are in place to safeguard the
confidentiality and integrity of seafarers' information.

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173. ILO Convention 134 “Prevention of Accidents” plays an important role in safety on board vessels.
Describe the main provisions of the convention and how they assist in reducing occupational accidents?
Objective:
 This convention aims to ensure the safety and well-being of seafarers by establishing measures to prevent
accidents on board ships.
Main Provisions:
 Safety Management: Effective safety management systems must be established on board ships.
 Safety Training: Seafarers must receive adequate safety training to prevent accidents and respond to
emergencies.
 Risk Assessment: Regular risk assessments must be conducted to identify and mitigate potential hazards.
 Safety Equipment: Adequate safety equipment must be provided and properly maintained on board ships.
 Safety Procedures: Clear safety procedures and guidelines must be established for safe operations and
emergency response.
 Reporting: Accidents and near-miss incidents must be reported to ensure proper investigation and analysis.
 Investigation: Accidents and incidents must be investigated to determine their causes and implement
corrective measures.
 Corrective Measures: Measures must be implemented to prevent the recurrence of accidents and incidents.
 Safety Inspections: Ships should undergo regular safety inspections to ensure compliance with safety
standards.
 Communication: Effective communication channels must be established for sharing safety-related
information.
 Safety Committees: Joint safety committees or similar mechanisms should be established for cooperation
and consultation.
 Safety Culture: A safety-conscious culture must be fostered on board ships through education and
awareness.
 Emergency Preparedness: Adequate emergency response procedures and training should be in place.
 Personal Protective Equipment (PPE): Seafarers must be provided with appropriate PPE for their safety.
 Fire Safety: Measures must be taken to prevent and combat fires on board ships.
 Life-Saving Appliances: Properly maintained life-saving appliances must be available for emergencies.
 Occupational Health: Measures must be implemented to protect seafarers' health, including medical
examinations.
 Fatigue Management: Policies should be in place to address fatigue and ensure adequate rest periods for
seafarers.
 Consultation with Seafarers: Seafarers' input and involvement in safety-related decision-making should be
encouraged.
 Compliance and Enforcement: Compliance with safety standards should be monitored, and appropriate
enforcement actions taken.

International Health Regulations

174. Define the following as per International Health Regulations, 2005 (IHR):
(i) Contamination (ii) Deratting (iii) Free Pratique (iv) Health measures
(v) Inspection (vi) Medical Examination
(i) Contamination:
 In the context of IHR, contamination refers to the introduction or presence of a biological, chemical, or
radiological agent or matter that may pose a risk to human health or the environment.
 It implies the undesired presence of such agents in a specific area, object, substance, or organism.
(ii) Deratting:
 Deratting refers to the process of controlling and eliminating rats and other rodents on board ships or in port
areas.

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  It involves measures to prevent rodent infestations and the application of appropriate rodenticides or rodent
control techniques to ensure the health and safety of seafarers, passengers, and the public.
(iii) Free Pratique:
 Free Pratique is a term used to indicate the permission granted to a ship to enter a port or leave the port
without any health-related restrictions.
 It implies that the ship has satisfied the necessary health requirements, including compliance with the
relevant health regulations, documentation, and health measures, to ensure the absence of health risks to
the port community.
(iv) Health Measures:
 Health measures refer to actions or interventions taken to prevent, protect against, control, or respond to
risks to human health.
 In the context of IHR, health measures include various activities such as surveillance, risk assessment, health
screening, quarantine, isolation, vaccination, disinfection, treatment, health education, and other measures
aimed at preventing or controlling the spread of diseases and protecting public health.
(v) Inspection:
 Inspection refers to the systematic examination and assessment of ships, aircraft, vehicles, goods, people, or
other objects to determine compliance with health requirements, regulations, and standards.
 Inspections may be conducted by health authorities or designated officers to ensure compliance with health
measures, identify risks, and take appropriate actions to protect public health.
(vi) Medical Examination:
 Medical examination involves the evaluation of an individual's health condition and medical fitness.
 In the context of IHR, medical examination refers to the assessment of individuals, such as seafarers,
passengers, or other persons, to determine their health status, detect any potential health risks or diseases,
and ensure their fitness to travel, work, or enter a particular area.

International Convention on the Control of Harmful Anti-fouling Systems on Ships

175. Write short notes on ANTIFOULING SYSTEM FOR SHIPS.

 Purpose: Antifouling systems are used on ship hulls to prevent or reduce the growth of marine organisms,
such as algae, barnacles, and mussels, which can increase drag and fuel consumption.

 Fouling Effects: Fouling organisms can increase hydrodynamic resistance, reduce vessel speed, and impact
manoeuvrability. They can also cause corrosion, decrease fuel efficiency, and affect the accuracy of sensors
and instruments.

 Antifouling Paints: Antifouling paints or coatings are commonly used to deter marine fouling. These paints
typically contain biocides that release slowly over time, deterring or killing fouling organisms.

 Biocidal Components: Copper-based compounds, such as cuprous oxide, are often used as the primary
biocide in antifouling paints due to their effectiveness against a wide range of fouling organisms.

 Environmental Considerations: The use of antifouling systems raises environmental concerns due to the
potential release of biocides into the water. Regulations exist to limit the concentration of harmful
substances in antifouling paints to minimize their environmental impact.

 Alternatives to Biocides: Research and development efforts are underway to develop alternative antifouling
strategies that are less harmful to the environment. Some alternatives include non-toxic coatings, foul-
release systems, and ultrasonic or electric systems.

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  Application and Maintenance: Antifouling paints need to be applied correctly to ensure effectiveness.
Regular maintenance, including cleaning and reapplication as needed, is essential to maintain the antifouling
properties.

 International Regulations: International Maritime Organization (IMO) guidelines, such as the International
Convention on the Control of Harmful Antifouling Systems on Ships (AFS Convention), regulate the use of
antifouling systems to protect marine ecosystems.

 Performance Monitoring: Shipowners and operators employ various methods to assess the performance of
antifouling systems, including regular inspections, hull cleaning, and monitoring of vessel performance
parameters.

 Economic Benefits: Effective antifouling systems help maintain vessel performance, reduce fuel
consumption, and lower maintenance costs, providing economic benefits to shipowners and operators over
the long term.

176. Give complete details of bank which has been imposed on anti fouling paints.

 After the International Convention on the Control of Harmful Anti-Fouling Systems on Ships (AFS
Convention) took effect in 2008, tributyltin (TBT) was removed from anti-fouling paints and replaced by
several new biocides.
 One of these replacements was cybutryne which is used in hull paint to prevent biofouling growth.
 In 2019, it was brought to the attention of the IMO that cybutryne is acutely and chronically toxic for a
variety of marine organisms and in some respects even more harmful than TBT.
 The substance accumulates in sediments and causes long-term effects on the marine environment. As such it
should not be permitted.
 At the 76th MEPC session, IMO adopted amendments to the AFS Convention regarding controls on
cybutryne and the form of the International Anti-fouling System Certificate.
 The amendments will enter into force on 1 January 2023. From this date, the application or re-application of
an AFS containing cybutryne will not be permitted.

177. Discuss the salient features of the Athens Conventions (PAL Conventions) regarding liability for
carriage of passengers and their luggage.

 The Athens Conventions, also known as the PAL Conventions, are a set of international agreements that
establish liability rules and provide protection for passengers and their luggage during maritime travel.
 Scope: The conventions apply to the international carriage of passengers and their luggage by sea, including
both scheduled and non-scheduled voyages.
 Carrier's Liability: The conventions impose strict liability on the carrier for the death or personal injury of
passengers and for the loss or damage to their luggage during the voyage.
 Limitation of Liability: The conventions provide for limitation of the carrier's liability for personal injury,
death, or loss or damage to luggage, except in cases of wilful misconduct or default.
 Limitation Amount: The limitation of liability is based on a specified monetary limit, which is determined by
the carrier's tonnage.
 The conventions provide for different limitation amounts depending on whether the incident occurred
during the sea passage or while the passenger was embarking or disembarking.
 Time Limit for Claims: The conventions establish a time limit within which passengers must file their claims
for personal injury, death, or loss or damage to luggage. Generally, the time limit is two years from the date
of disembarkation or the date when the passenger should have disembarked.

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  Mandatory Insurance: The conventions require carriers to maintain insurance or other financial security to
cover their liability for passenger claims. This ensures that passengers have a means of receiving
compensation in case of an incident.
 Burden of Proof: The conventions place the burden of proof on the carrier to demonstrate that the incident
causing personal injury, death, or loss or damage to luggage occurred due to circumstances beyond their
control or due to the fault of a third party.
 Liability for Luggage: The conventions impose liability on the carrier for loss or damage to luggage, including
cabin luggage, checked-in luggage, and vehicles accompanying the passenger.

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