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Guidance to Masters
Disclaimer
The information contained in this Guidance to Masters is provided
for general information purposes only. Whilst the author and GardAS
have taken every care to ensure the accuracy and quality of the
information provided in this Guidance to Masters, the author and/or
Gard AS can accept no responsibility in respect of any loss or damage
of any kind whatsoever which may arise from reliance on information
contained in this Guidance to Masters regardless of whether such
information originates from the author, Gard AS, its shareholders,
correspondents or other contributors.
The author and/or Gard AS accept no responsibility for the contents of
any other reference, circular or guideline referred to in this Guidance
to Masters.
As stated above, the contents of this Guidance to Masters are for
information purposes only. Nothing in this Guidance to Masters shall
constitute an offer of insurance or an invitation to treat. Gard AS is a
limited liability company registered pursuant to Norwegian law and
transacts its business in Norway. Examples and illustrations used in
this Guidance to Masters do not constitute the conditions of cover;
such conditions are to be found in the contract of insurance entered
into between the insurer and the insured in each particular case.
Guidance to Masters
Foreword
We are delighted to be publishing a second edition of the Gard Guidance to
Masters for the best reason in the world for a publisher the last one is now
out of print! The world has also moved on significantly both legally and for
Gard since the first edition was published in 2000. In the case of the former the
ERIKA and ISPS are just a few of the issues which have influenced maritime
law and practice, while Gard has moved from being solely a provider of P&I
insurance to offering Hull and Machinery, P&I and Energy products to the entire
maritime industry. As a result, the new and revised edition of Gard Guidance to
Masters now includes Hull and Machinery.
We are pleased to have worked again with Captain Ronald Whrn who
undertook a major task in re-writing this edition and who has delivered a first
class product. The structure of the first edition has been retained for the second
with short and precise guidelines written in simple language on how to respond
in critical situations on board. We would like to thank him warmly for a job well
done. In his Acknowledgement Captain Whrn mentions the individuals who
contributed to this second edition and I would like to add my thanks to everyone
who gave their time and expertise to this publication.
The identification of risks, and possible ways to reduce and prevent them, are
key priorities for Gard and we have been distributing circulars on important loss
prevention matters since the early 1950s. We devote considerable resources to
helping all our Members and clients in this area and the publication of this book
is a key part of our activities.
Tangible measurements of success are often difficult to attribute to specific
activities, especially in the prevention of loss, but if only one such case has been
prevented through our efforts we would consider the investment a success.
However, we realise that it is a never-ending effort as new areas on which we
have to focus arise all the time. I am sure that this edition of the Guidance to
Masters will become a valuable source of reference, providing useful information
and guidance for readers as well as raising awareness and understanding topics
that are important to us all.
August 2006
Claes Isacson, Chief Executive Officer, Gard AS
Acknowledgement
Once the manuscript for the first edition of Gard Guidance to Masters had been
sent to the printers in late 1999, the public was shocked by the sinking of the
MT ERIKA with its dramatic consequences for the maritime environment. And
even more severe accidents followed, sadly combined with tragic losses of life.
Thus, the need arose only four years after its publication to revise the
first edition.
As before, an editorial committee was formed, headed by Gunnar Topland,
who discretely but firmly steered this team through the rough waters of
legislative changes and technical improvements which had taken place in the
maritime industry since the previous edition was published. In addition, he
was responsible for organising and structuring the contributions and meetings
alongside his day-to-day responsibilities, as all members of the editorial
committee continued carrying out their day-to-day responsibilities within Gard.
Leif Erik Abrahamsen and Reidar Ebbesvik are to be thanked for their
contribution based on a wealth of Hull and Machinery claims handling
expertise, as the 2nd edition certainly takes into account the expanded role of
Gard AS in insuring and handling Hull and Machinery insurance matters.
Trygve Nkleby provided invaluable advice on all aspects of loss prevention
based on experience gained in his position as manager of the loss prevention
department, the focal point for learning from the mishaps and serious incidents
which had occurred in the past.
Mark Russell, already part of the team of the first edition, took particular
care of the dry cargo section. In addition, Mark Russell provided valuable advice
for improving the structure of the Cargo Ships and Cargo Operations sections
and he also revised the Diversion Deviation sections.
Jannike Rogny Olsson and Gunnar Espeland expanded the liquid cargo
section in an admirably concise and pragmatic way, based on their experience as
tank ship officers.
Randi Gaughan cared for the precise grammar and terminology, an
uphill struggle as she had to avoid changing the contents and meaning of the
guidanceprovided.
Further contributions were received from Geir Sandnes, head of the Dry Cargo
Claims Department, Bjarne Printz, head of the Personal Injury and Crew
Claims Department, and Trond Denstad in respect of the improvement of the
stowawayquestionnaire.
Alf Martin Sandbergs expertise as senior technical adviser helped to
streamline the Safe Working as well as Training and Drills sections, based on his
experience in investigating often tragic accidents.
Special thanks go to Dr. Phil Anderson, President of The Nautical Institute,
who worked in detail through the various drafts and who rendered very helpful
advice on the interrelation between the application of sound seamanship and the
stringent requirements of the ISM Code.
Finally, Gards chief executive officer, Claes Isacson, is to be thanked for
his continuing support of the decision to finally publish a second edition of
this Gard Guidance to Masters. His encouragement and support enabled all
of us to provide Masters and officers with a guidance, which aims to differ
from voluminous instruction books, the contents of which is often not fully
comprehended by all players in the maritime industry.
August 2006
Ronald Whrn, Lawyer, Master Mariner, FNI
PREFACE
Not long after publication of the first edition of Gard Guidance to Masters it
became necessary to print further copies due to the demand from all corners of
the maritime industry: Masters and officers who were and still are the main
addressees of this guidance, claims handlers working within ship operators and
insurance intermediaries, nautical training establishments and even maritime
lawyers. Thus, it was no surprise that the need arose to revise the first edition,
especially in view of the rapidly changing legal and technical environment of the
maritime industry during the last five years.
Again, the emphasis was placed on simplicity and directness of the guidance
provided. Some parts of the guidance had to be restructured, some relocated to
consolidate subjects of a similar nature, others, such as the liquid cargo section,
were expanded.
Additionally, the subject of security had to be dealt with in more detail. The
aftermath of 11 September 2001 and subsequent new legislation in the form of
the ISPS Code, imposed new burdens upon seafarers to an extent which could
not have been imagined before. Although seafarers of all nationalities have
an important role in the fight against terrorism, they are, nevertheless, often
treated as unwanted aliens. Ships and crews have increasingly become the target
of pirates and are seen as pawns in their criminal efforts to obtain money. In
addition, seafarers are also increasingly criminalised for the slightest failure
occurring on board the ship.
This development has to be seen against the increasing shortage of qualified
and professional seafarers, as already mentioned in the preface to the first
edition. In an attempt to compensate for the reduced number of crews,
advanced electronic equipment has been developed and installed on vessels at
a breathtaking speed. The legislative demand to make comprehensive use of an
unaccountable number of navigational and engineering instruments and displays,
distract Masters, officers and crews from the proper application of the basic
skills of seamanship and human common sense.
Unfortunately, accidents which could have been avoided, and which must be
avoided in future, still occur, often with fatal consequences. This is in spite of
considerable efforts in loss prevention activities, such as Gards gardyourshipconcept, Loss Prevention Circulars and Compilations, backed up by their series
indicator for what needs to be done and to be collected from an insurance point
of view, to defend or reduce a claim made against the vessel and theCompany.
As Gard has expanded to provide not only P&I, but also Hull and Machinery
insurance cover, due consideration has been given to those aspects as well, as
these are also of concern to the Master and the officers. Equally, the term vessel
was used to reflect the wider scope of cover for all types of floating devices
provided by Gard.
It is again hoped that the Master and the officers may make use of this
Guidance to Masters as a tool to prevent incidents and accidents. It should
be read either before taking over command or commencing service or in
conjunction with the progress of the voyage. It may also serve as training
material in conjunction with the Companys other training materials. In any case,
this Guidance to Master should be readily available to all members of the crew
assigned to take over responsibility for any shipboard operations which require
concise knowledge for a proper and safe performance.
It is finally hoped that no Master or officer will be required to make use of
Part 3 of this Guidance to Masters. But should this occur, nevertheless, Gard and
the author trust that the Master and the officers will have a useful guide ready
to hand to assist them through the demands of an incident, in order to reduce its
consequences as much as possible.
October 2006
Ronald Whrn, Lawyer, Master Mariner, FNI
Introduction
I consider it a very great honour and privilege to have been invited to prepare
an introduction for this, the Second Edition, of the Gard Guidance to Masters
published by Gard.
Since the launch of the first edition of this excellent book in 2000 I have been
a great fan and a well thumbed copy has never been far away from my desk
top. This second, revised and updated, edition has made a first class publication
evenbetter!
The Master of a commercial ship seems to be on the receiving end of not
only an apparent endless steam of legislation, rules and regulation with which he
or she must comply but also increasingly severe punishment in the event of any
failure to comply or other violation. It is perhaps worth reflecting for a moment
upon the requirement of Section 1.2.3 of the ISM Code:
1.2.3 The safety management system should ensure:
.1 compliance with mandatory rules and regulations; and
.2 that applicable codes, guidelines and standards recommended by the
Organization, Administrations, classification societies and maritime industry
organizations are taken into account.
Whilst the primary obligation is upon The Company to develop, implement and
maintain the Safety Management System it will be very much the responsibility
of the Master to ensure onboard implementation. The mandatory rules and
regulations which are referred to in Section 1.2.3.1 of the Code will include
not only the Legislation of the Flag State Administration but also the laws,
rules and regulations of each of the many different countries which the vessel
might visit. Fortunately most maritime nations of the world tend to adopt and
ratify IMO and ILO conventions which makes compliance somewhat more
manageable. However, some countries notably the USA and increasingly
the European Union introduce additional or different legislation which
increases the burden of compliance. However, such legislation can, perhaps
with some difficulty at times, be identified and complied with. But what about
Section 1.2.3.2? What should be included, or excluded, from those categories of
guidelines and publication which must be taken into account? I can certainly
10
imagine that, following some maritime incident, the Master will be criticised for
not having taken into account a particular Code or set of guidelines or industry
publication. This is a very real, practical, dilemma facing the modern day
Master and Company basically there is so much out there to comply with
and to take into account!
What I think the Gard Guidance to Masters does, more then any other single
achievement, is to provide a passage plan to steer a navigable course through
that dilemma. In other words it is a very practical and helpful filter to guide the
Master as to where his/her attention should be focussed. Of course the Guide
itself is not intended to replace any of the mandatory rules and regulations or
applicable codes, guidelines etc. referred to in Section 1.2.3 of the ISM Code
but it will help to make them a little more manageable.
It is highly commendable therefore that one of the worlds leading P&I clubs
took the initiative to produce such a publication. However, a real dilemma which
must have confronted Gard is how to actually prepare such a set of guidelines
and who would be suitably qualified and experienced to take on such an
enormous task and responsibility.
Such an author, or general editor, would have to have the legal knowledge
to be aware of the all the various rules and regulation not only as a practicing
maritime lawyer but also, ideally, having had experience working at a senior
level within a Flag State Administration. The individual would, ideally, have
had many years of practical experience of dealing with the whole range of
maritime accidents and incidents which might occur during the commercial
operation of vessels a P&I correspondent in a large, busy, sea port would
probably be the most suitable candidate. On top of that the individual MUST
have had extensive seagoing experience on a range of vessels who would be in a
position to empathise with the Masters dilemma and really understand the job of
commanding a commercial vessel. Finally, the individual must not only promote
and support the professionalism of the serving Master but must also have the
enthusiasm and the ability to communicate and to motivate serving Masters
to share in that professionalism and enthusiasm to consult and follow the
Guidelines provided. I know of only one person who could satisfy this almost
impossible set of criteria and Gard had already secured this Captain to steer
their ship Captain Ronald Whrn.
11
12
CONTENTS
Foreword
Acknowledgement
PREFACE
Introduction
PART 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
GENERAL
Purpose of the Gard Guidance to Masters
Structure of the Gard Guidance to Masters
Scope of insurance cover
Contacting Gard or the correspondent
Gard publications
Loss prevention in Gard
Gards Website
The difference between P&I
and Hull and Machinery insurance
4
5
7
10
23
25
26
27
28
29
30
30
35
35
39
40
2.2 Documentation
2.2.1
Certificates and documents
2.2.2
Logbooks
2.2.3
Reporting
42
42
43
44
45
45
45
45
46
46
13
2.4
48
2.5
2.5.1
2.5.2
2.5.3
2.5.4
2.5.5
2.5.6
49
49
50
51
52
52
53
2.6
2.6.1
2.6.2
2.6.3
2.6.4
Health
Living quarters galleys provision stores
water systems swimming pools
Vessels hospital and medicine
Medical care
Drugs and alcohol
54
54
55
56
57
59
59
60
61
2.8
2.8.1
2.8.2
2.8.3
2.8.4
2.8.5
2.8.6
2.8.7
Safety
General
Safety signs muster lists safety plans emergency exits
Safe working environment
Safe working equipment
Safe working practices
Safe passenger environment
Safe environment for persons other than crew or passengers
63
63
64
64
67
68
84
87
2.9
2.9.1
2.9.2
2.9.3
Security
General access to the vessel
Refugees
Stowaways
93
93
93
93
14
2.9.4
2.9.5
97
101
2.10
2.10.1
2.10.2
2.10.3
2.10.4
2.10.5
2.10.6
2.10.7
2.10.8
2.10.9
2.10.10
103
103
103
104
106
115
115
116
125
128
2.12
2.12.1
2.12.2
2.12.3
2.12.4
2.12.5
2.12.6
2.12.7
2.12.8
2.12.9
2.12.10
132
132
132
141
152
156
161
164
165
167
171
Selected cargoes
General
Bulk cargoes dry
Liquid bulk cargoes
Containers
General cargoes
Heavy lift cargoes
On-deck cargoes
Reefer cargo and reefer containers
Ro-ro cargo
Steel cargoes
107
107
111
112
113
114
15
2.13
2.13.1
2.13.2
2.13.3
2.13.4
2.13.5
2.13.6
172
172
172
176
180
182
184
186
186
186
193
196
197
2.15
2.15.1
2.15.2
2.15.3
2.15.4
198
198
198
200
201
2.16
2.16.1
2.16.2
2.16.3
2.16.4
2.16.5
2.16.6
2.16.7
2.16.8
202
202
203
205
213
217
219
222
227
16
PART 3
3.1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
3.1.9
3.1.10
3.1.11
3.1.12
231
231
231
232
232
232
233
234
235
236
237
238
238
240
240
241
242
3.3 Collision
3.3.1
Action to be taken
3.3.2
Evidence to be collected
3.3.3
Documents to be retained
243
243
246
248
249
249
250
250
17
254
254
254
255
255
256
256
257
257
257
258
258
259
3.7
3.7.1
3.7.2
3.7.3
3.7.4
3.7.5
260
260
260
260
261
261
3.8
3.8.1
3.8.2
Fire
Immediate action to be taken
Evidence to be collected
262
262
263
3.9
3.9.1
3.9.2
3.9.3
264
264
268
269
3.10
3.10.1
3.10.2
274
274
274
18
3.11
3.11.1
3.11.2
3.11.3
3.11.4
3.11.5
276
276
278
279
280
281
3.12
3.12.1
3.12.2
3.12.3
3.12.4
3.12.5
3.12.6
3.12.7
3.12.8
3.12.9
3.12.10
Pollution
General
Pollution by oil
Pollution by noxious liquid substances carried in bulk
chemicals
Pollution by harmful substances in packaged form
dangerous cargoes
Pollution in non US waters underway,
alongside or at anchor
Pollution in US waters
Co-operation with contractors
No chemicals to be used unless approved!
Vessels plans
Evidence to be collected
285
285
286
287
287
287
288
289
289
289
290
3.13 Refugees
General
3.13.1
3.13.2
Action to be taken
3.13.3
Information to be provided
3.13.4
Evidence to be collected
292
292
292
293
293
3.14
3.14.1
3.14.2
3.14.3
3.14.4
294
294
294
295
295
19
3.15
3.15.1
3.15.2
Stowaways
Actions to be taken
Evidence to be collected
296
296
298
3.16
3.16.1
3.16.2
3.16.3
3.16.4
299
299
299
299
300
303
303
303
3.18
3.18.1
3.18.2
3.18.3
3.18.4
305
305
305
305
307
PART 4
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Annex 8
Annex 9
ANNEXES
Certificates and documents required to be carried on board ships
List of abbreviations
Communications while loading and discharging
Hold harmless visitor agreement
Pilot Card
Ship to shore master/pilot exchange (MPX)
Shore to ship master/pilot exchange (MPX)
Stowaways questionnaire
Piracy and maritime violence incidence report
20
Part 1 General
1.1
Purpose of the Gard Guidance to Masters
1.2
Structure of the Gard Guidance to Masters
Scope of insurance cover
1.3
1.4 Contacting Gard or the correspondent
1.5
Gard publications
1.6 Loss prevention in Gard
1.7
Gards Website
1.8 The difference between P&I and
Hull and Machinery insurance
23
25
26
27
28
29
30
30
General
1.1
23
General
24
General
1.2
25
General
26
General
The main areas covered by the Hull and Machinery cover are
damages to the vessel, her structure, machinery and fittings, and
liabilities to third parties arising out of a collision or damage to
fixed and floating objects (FFO), if not otherwise covered under
the P&I Certificate of Entry.
In all cases, however, the Master should act to minimise any
potential exposure of the Company as if the Company is
notinsured.
Should the Master believe that the liability of the Company,
and therefore the P&I or the Hull and Machinery insurers, may
be involved, the Master must, when circumstances allow,
immediately inform the Company and obtain instructions as to
how to proceed.
27
General
28
Gard publications
In addition to the Gard Handbook on P&I Insurance, practical
advice may be found in Gards loss prevention related publications.
These publications include
Gard News. This quarterly publication contains regular features
and information on P&I and Hull and Machinery matters and
legal developments worldwide. The information contained in
Gard News is for general information purposes only.
Gard Handbook on Protection of the Marine Environment.
The sensitive subject of environmental protection is dealt with
in detail in the Gard Handbook on Protection of the Marine
General
29
General
Gards Website
Gard AS maintains a website at
http://www.gard.no
Many of the publications, including this Gard Guidance to
Masters can be found on the website together with information on
Gards various covers as well as contact details for Gards offices,
employees and correspondents.
1.8 The difference between P&I and Hull and Machinery insurance
For more detailed information, please refer to Gard News 178, The
interface between Hull and Machinery insurance and P&I from the
P&I claim handlers perspective and Gards website www.gard.no.
As Gard is offering insurance cover for liabilities, known as P&I
cover, as well as for damages to the own ship, known as Hull and
Machinery cover, a brief summary will be provided to explain the
basic differences between these two types of cover.
30
General
31
General
32
35
42
45
48
49
54
59
63
93
103
115
132
172
186
198
202
2.1 General
2.1
General
2.1.1
2.1.1.1
35
2.1 General
36
2.1 General
37
2.1 General
2.1.1.2
38
Security
Security has always been of international concern but has taken
on a new dimension since the terrorist attacks in New York on
11thSeptember 2001. However, vessels have always been exposed
to intruders, whether that be pirates or politically motivated
attackers. Stowaways are a major worry and a genuine threat
to the security of the vessel and her crew. On 1stJuly 2004, the
International Ship and Port Facility Security (ISPS) Code came into
force requiring every Company to have a Company Security Officer
(CSO) and the vessel to have a Ship Security Officer (SSO) in charge
of the vessels security as laid down in an approved and successfully
implemented Ship Security Plan (SSP).
2.1 General
39
2.1 General
40
2.1 General
41
2.2Documentation
2.2 Documentation
As a matter of good housekeeping and in compliance with the ISM
Code all of the vessels documents should be maintained and stored
in an orderly manner.
2.2.1 Certificates and documents
On taking over command, the Master should check all the vessels
trading documents as to
validity
expiry dates
whether renewals or extensions are required to cover the
forthcoming voyage
whether they are complete.
Trading documents include
the vessels registration documents issued by the flag State
administration
the statutory certificates issued by a classification society in their
capacity as a Recognised Organisation.
For crew documents please see section 2.3.2 Crew documents.
A list of the documents to be carried on board can be found in
Annex 1. It is necessary for the Master and his/her officers to
closely co-operate with the vessels Chief Engineer, who may keep
documents in respect of the vessels engine and other installations
that are not kept in the vessels office.
If the vessel does not have valid trading documents
the vessel may not be allowed to leave the port
delays and difficulties may arise at the next port of call
the vessel may not be allowed to enter the port
fines may be imposed in some jurisdictions if certificates
areinvalid
42
2.2Documentation
43
2.2Documentation
2.2.3 Reporting
When the Master and his/her officers are required to report, the
quality of information provided is essential. Information must be
true, reliable, rendering facts but no speculations.
Before releasing any information, the Master should verify the
accuracy of the contents and the effect such information may
have. It is important to focus on the main issue or incident being
reported. The language should be straightforward, clear and
unambiguous, rendering a true picture of the issue or incident.
Any report should clearly state the date and time when it was
written as well as identifying the writer of the report. It should be
properly signed and, if required, stamped with the ships stamp.
When reporting to parties other than the Company or the insurers,
the Master should contact the Company for further instructions
before releasing any information.
The Master should bear in mind that reports provided to authorities
and officials containing potentially misleading or false information,
may in some countries constitute a crime and could lead to criminal
charges, even imprisonment.
44
45
46
47
2.4
48
2.5
49
The crew is, potentially, an important safety net for the officers
if they at any point make the wrong decision or overlook
importantinformation.
Regular shipboard management meetings will assist the Master
in achieving the best use of the entire ships team. Any remarks,
observations and reported non-conformities should be taken
seriously and duly recorded in the vessels documents. Corrective
action should be taken immediately to ensure that the validity of the
vessels Safety Management Certificate (SMC) is not jeopardised.
Likewise, any remarks, observations, reasoned suspicions and
reported non-conformities need to be rectified immediately under
the vessels Ship Security Plan to remain compliant with the
requirements of the ISPS Code.
People appreciate praise and rewards for good performance. Where
possible and appropriate, the Master should praise individual crew
members in the presence of other crew members. Such practice will
help the Master maintain morale and motivate the crew!
For more information about Bridge Resource Management
please see section 2.13.4 Navigation in confined waters Bridge
ResourceManagement.
2.5.2 Routine is dangerous
Day to day operations of a vessel are based on experience,
education and following procedures. There is, however, a hidden
hazard facing the vessel, the crew, passengers, other persons, the
cargo and the environment
ROUTINE is dangerous!
50
51
52
53
2.6 Health
2.6
Health
54
2.6 Health
55
2.6 Health
Medical care
Medical care should be taken seriously. Infectious diseases are still
commonplace. If the vessel is to trade to countries where infectious
diseases are prevalent, the Master should ensure that sufficient
supplies of appropriate medication are on board and recorded in
the vessels medicine stores list. Prior to arrival in any such country,
the Master should ensure that
all crew members are vaccinated as necessary or preventative
medical treatment commenced, e.g. anti-malaria tablets
the prescribed medication is taken
air conditioning systems are set to internal recirculation
shore leave is restricted if necessary.
The presence of any serious infection, including severe venereal
diseases, may lead the Master to request the Company to arrange
repatriation of the crew member concerned and ask for a substitute
to prevent others being infected. The Master and/or the Company
may receive a claim, should another crew member be infected due
to lack of prompt action by the Master. There is also the risk of the
vessel being quarantined, which may lead to the Company suffering
financially and/or be exposed to liabilities, costs and expenses.
56
2.6 Health
2.6.4.2
Drugs
Comprehensive information should be provided to the crew on
the drugs and alcohol policy of the Company
the likelihood of the vessel being used as a drug carrier
the consequences of any support of or conspiracy with drug
dealers, or of the possession of drugs for personal use, e.g.
criminal prosecution.
The Master should make it very clear to the crew that
possession of drugs, and/or
use of drugs,
seriously impair the safety and security of the vessel and crew and
is likely to lead to instant dismissal, with all associated costs of
repatriation and replacement deducted from the individuals salary.
Drug warning notices should be displayed in prominent places on
board the vessel.
2.6.4.3
Alcohol
The Master should make it clear to the crew that any breach of the
Companys alcohol policy will have serious personal consequences
including possible instant dismissal. Although consumption of
alcohol in moderation is considered a social pastime, consumption
of alcohol on board may seriously jeopardise the safety and security
of the vessel and her crew.
The Masters right to carry out breath or blood tests is subject to
the regulations of the flag State and the terms of the crew contracts.
57
2.6 Health
This may at times be left to the Masters own judgment. The vessel
may call at countries which require the Master to document that
breath tests have been carried out.
The Master should note that in certain countries, alcohol
consumption during a certain period, e.g. 24 hours, prior to
entering port, constitutes a criminal offence. The crew need to
be advised of such requirements and warned of the possibility
that certain national authorities carry out random tests for drugs
and alcohol consumption. Positive test results will have serious
consequences and, in the event of an accident, criminal prosecution,
including the imprisonment of individuals, may follow. The
Company may suffer financially and/or be exposed to liabilities,
costs and expenses.
The consumption of alcohol for a prescribed period prior to going
on duty is often, quite rightly, strictly prohibited under a Companys
alcohol policy.
58
59
Safe training
Before any training is undertaken or drills performed, the
equipment to be used should be thoroughly examined to ensure that
it is safe to use. There have been many tragic accidents, particularly
during lifeboat drills and the utmost care must be exercised please
see section 2.8.5.1.D Safe working during drills and training.
Training and drills may reveal a need for further training
ashore and this should be reported to the Company. Should
the Master consider that additional training materials, e.g.
videos, books, or posters are required, he/she should inform the
Companyaccordingly.
60
61
62
2.8 Safety
2.8
Safety
2.8.1
General
Safety is the concern of everybody on board a vessel. Done properly
it will prevent accidents and help protect the marine environment.
It includes
the structure of the vessel
the operation of the vessel, and
good working practices.
Safety is achieved by creating a safe working environment in which
safe working practices and equipment are employed at all times.
It is vitally important that safety is not neglected but is continuously
maintained in an emergency; safety should become a way of life.
Should a crew member suffer an injury or fall ill
it may cause permanent disability if severe which will, in turn,
affect his/her family, friends and ability to work
substantial compensation may be payable under his/her crew
contract and/or national law
the safety of the vessel may be compromised as he/she is
prevented from performing his/her duties
an investigation into the cause of the accident is required, please
see section 3.11 Personal injury, crew illness or death.
Works carried out on a vessel can be dangerous if
safety equipment is defective or used improperly
defective tools and materials are used
sloppy working practices are employed
safety precautions are not taken seriously
hazards have not been adequately identified, and
the risks involved have not been fully and properly assessed.
63
2.8 Safety
2.8.2
2.8.3
2.8.3.1
64
2.8 Safety
the decks and alleyways of the vessel must be kept clean and free
of any slippery substances
hydraulic pipes on deck must be checked regularly to prevent
leaking oil dripping onto the deck
special attention must be paid to access areas to prevent slipping
on ice in colder climates
debris should be cleared from the deck
defective anti-slip paint must be renewed
sufficient lighting should always be provided
handrails and grips must be in good condition
appropriate warning signs should be provided as needed.
Cleanliness and good housekeeping all over the vessel not only
provides the basis for a safe working environment but also reflects
positively on both the crew and the vessel.
2.8.3.2
Working areas
Working areas that are dangerous should be
fenced off
sufficiently lit
indicated by warning signs sufficient in size and colour to
attractattention.
2.8.3.3
Lighting
Lighting, wherever required for safe ship operations, should
be in working order
be sufficiently bright
be firmly fixed
be technically fit for use
have protected glass fittings and bulbs.
65
2.8 Safety
2.8.3.4
Cargo holds
The access openings in the cargo holds to the tween decks and open
cargo hatches can be hazards which stevedores and crew members
can fall down. To prevent such accidents occurring
sufficient guard rails and/or fences should be in place
rails, ladders and steps should be in good condition
adequate lighting in the cargo holds.
Working near corrugated bulkheads is particularly dangerous and
precautions must be taken to prevent crew members falling into the
corrugated spaces.
2.8.3.5
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2.8 Safety
The Master should satisfy himself that there are no by-passes of oily
water-separation pipes. The next inspection by a port State control
officer will undoubtedly discover such irregularity and appropriate
steps will be taken by the authorities, not only causing delay to the
vessel and incurring additional costs, but will also result in further
investigations and possibly criminal prosecutions with fines or even
imprisonment being imposed against the Master, the Chief Engineer
and the person having arranged the bypass.
2.8.4
2.8.4.1
67
2.8 Safety
2.8.4.2
2.8.5
2.8.5.1
68
2.8 Safety
69
2.8 Safety
70
2.8 Safety
71
2.8 Safety
72
2.8 Safety
F. No smoking policy
For further details please see Gard Loss Prevention Circular 05-00:
Fire in the Hold Smoking Policies Onboard Ship.
Smoking should only be allowed in designated smoking areas.
73
2.8 Safety
2.8.5.2
74
2.8 Safety
2.8.5.3
75
2.8 Safety
76
2.8 Safety
2.8.5.4
77
2.8 Safety
Working aloft
Working aloft should only be carried out if it is
based on the same principles as working overside please see
preceding section 2.8.5.4 Overside and underwater work
divers work
subject to a permit-to-work procedure, and
possible radiation hazards from radars and antennas are checked
and found acceptable.
If lifting gear such as cranes and derricks is used, their wires and
rigging should be
checked prior to use
in perfect condition.
Baskets or frames should be
suitable
certified for carrying people.
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2.8 Safety
2.8.5.6
79
2.8 Safety
2.8.5.7
80
2.8 Safety
81
2.8 Safety
2.8.5.8
Hot work
For further details please see IMO MSC Circ. 1084 Principles for
Hot Work on board all types of ships.
Any hazards inherent to hot work must either be eliminated or
effectively controlled.
Hot work require special precautions and must be subject to
a permit-to-work procedure
careful planning where all safety measures are discussed
andagreed
only trained crew to be entrusted with carrying out hot work
the wearing of correct Personal Protective Equipment please
see section 2.8.4.1 Safe working clothes Personal Protective
Equipment (PPE) including special fire resistant clothing
andavisor
removal or protection of material which is likely to catch fire
proper earthing for welding works
a thorough check that electric cables and welding material are
properly insulated
fire extinguishers in place ready for use
a direct line of communication being established with the officer
of the watch.
For hot work in enclosed spaces there must be
sufficient ventilation
proper lighting of the work area.
Please see section 2.8.5.7 Entry into enclosed spaces.
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2.8 Safety
2.8.5.9
83
2.8 Safety
2.8.6
2.8.6.1
84
2.8 Safety
2.8.6.2
2.8.6.3
Accident prevention
The following steps should be taken to reduce the risk of
accidentsoccurring
on and under deck steps must be clearly marked, preferably
painted in contrasting colours
handrails must be intact on all stairs and walkways to provide a
safe grip
in areas with dimmed lighting, such as bars, there should be
sufficient direct lighting to light up stairs and steps
warning signs of an appropriate size and colour should be
displayed where required, e.g. Slippery when wet
the depths should be clearly shown on the sides of
swimmingpools
empty swimming pools should be covered with safety nets to
prevent unauthorised access and accidental falls
85
2.8 Safety
86
2.8 Safety
2.8.7
2.8.7.1
87
2.8 Safety
hand should be given and the incident will have been witnessed by
aships witness.
For helicopter operations, reference should be made to the Critical
Shipboard Operation Procedure in the SMS. A safe descent and
crew assistance must be provided from where the pilot is landed.
2.8.7.2
Supercargoes
Supercargoes are expected to be familiar with a vessel as they
normally have seagoing experience as a ships officer. Nevertheless,
accidents do occur, mainly caused by carelessness or fatigue.
If a supercargo is attending the vessel, the Master should inform
him of any peculiarities of the vessel and the cargo gear and draw
his attention to potentially dangerous areas. If the supercargo is
to sail with the vessel, he should undergo the basic familiarisation
in accordance with the SMS. The supercargo should be requested
to take the same precautions as would be expected from the crew,
such as wearing appropriate Personal Protective Equipment please
see section 2.8.4.1 Safe working clothes Personal Protective
Equipment (PPE) including hard hat and protective shoes.
2.8.7.3
Surveyors
A. General
If a surveyor is attending the vessel, he must duly identify himself,
clearly stating
by whom he was instructed
for whose interest he is acting, and
the scope of his instructions.
If a surveyor is not acting on behalf of the vessel, he should not be
allowed to communicate with any member of the crew or be given
access to the vessels documents. The Company and/or the P&I and/
or the Hull and Machinery insurer should be contacted immediately
for further instructions.
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2.8 Safety
B. Surveyors safety
For further details please refer to Gard Loss Prevention Circular
04-02: Masters responsibility for the safety of surveyors.
Surveyors should be familiar with the general layout and
construction of a vessel, but it may be dangerous to assume that
they have any seagoing experience and may consequently require a
high level of supervision whilst on board. Accidents may therefore
occur, mainly because the surveyor is unaware of any existing
dangers. The surveyor may also be under time pressure or may
befatigued.
Surveys often involve inspections in some of the most hazardous
places on the vessel, e.g. engine rooms, cargo holds, enclosed spaces
etc. In such instances, the same principles should be applied as if
a crew member is working in these locations, i.e. safe access must
be provided and the area must be properly lit, please see section
2.8.5.1.E Safe working in unlit or dark stores, holds and rooms.
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2.8 Safety
2.8.7.4
Relatives on board
Some companies allow relatives of crew members on board.
Arelative may be familiar with the position held by the crew
member, but cannot be expected to be familiar with the vessel and
its environment.
When persons other than crew or non-fare paying passengers travel
with the vessel, it is recommended that a hold harmless agreement
is obtained in the form set out in Annex 4.
If the Company does not have procedures for relatives on board,
the Master should ensure
a proper and full familiarisation with the vessel and shipboard
operations, paying particular attention to any hazards
relatives of crew members are kept away from all shipboard
operations.
The relative of the crew member should confirm in writing that the
above precautions have been taken.
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2.8 Safety
2.8.7.5
Stevedores
Cargo operations are dangerous by their nature. Hazards exist
and stevedores are just as prone to accidents as anyone else often
with fatal consequences. In some jurisdictions, particularly the
United States, stevedore claims for personal injury are frequently
substantial and may give grounds for criminal prosecution of the
Master and the Company. To reduce the severity of or prevent such
claims, it is very important to act quickly at the time of the alleged
incident and to collect all available evidence, including witness
details and photographs see Part 3.
To prevent such accidents occurring, the principles for a safe
working environment and safe working practices as set out in
sections 2.8.3 Safe working environment and 2.8.5 Safe working
practices should be followed.
2.8.7.6
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2.8 Safety
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2.9 Security
2.9
Security
Maritime security amendments to Chapter XI of the SOLAS
Convention and the associated International Ship and Port
Security (ISPS) Code came into force on 1 July 2004. The Master
should ensure that both he/she and his/her crew are familiar with
all relevant vessel related ISPS Code requirements and that all
appropriate documents, drill requirements and other relevant
procedures are being followed as required.
Any guidance provided below should by no means be in conflict
with any regulatory requirement related to the implementation of
the ISPS Code.
2.9.1
2.9.2 Refugees
In certain sea areas a more vigilant lookout should be maintained
for refugee boats which are usually small and difficult to see.
Refugees are mainly found close to areas of political and civil
unrest. Should refugees be spotted, the Master and his/her officers
should refer to the vessels SMS and SSP. Further guidance on the
handling of refugees can be found in section 3.13 Refugees.
2.9.3
2.9.3.1
Stowaways
General
People leave their homes for various economical and political
reasons. Some sail to open waters in the hope of being picked
up by passing vessels and others try to board vessels in ports
andstowaway.
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2.9 Security
2.9.3.2
94
2.9 Security
2.9.3.3
95
2.9 Security
2.9.3.4
96
2.9 Security
2.9.4
2.9.4.1
97
2.9 Security
2.9.4.2
A. At anchor or alongside
Depending on the type, layout and structure of the vessel, a strategy
may include
strict control at all gangways and accesses, allowing only
authorised access
fairleads and hawse pipes to be sealed to prevent access
all upper deck lockers and doors to accommodation which are
not strictly needed for the operation of the vessel to be locked
bearing in mind all safety implications, including evacuation in
the event of an emergency
all upper deck lighting to be on full
extra lighting over the vessels sides including the bow and stern
all ladders and ropes hanging outboard need to be taken onboard
98
2.9 Security
B. Underway
Depending on the type, layout and structure of the vessel, a strategy
may include
making passage through areas known to be dangerous in
daylight, if possible
using safe maximum speed
maintaining a constant radar and visual watch, giving a wide
berth to small objects, particularly when they show no lights
during hours of darkness, ensuring the upper deck lighting is
on full as well as extra lighting over the vessels side and stern,
provided this does not in any way impair the ability to maintain a
safe and effective lookout
charging fire hoses during the passage
making constant rounds around the vessel by preferably no less
than two crew, equipped with powerful search or arc lights and
in a direct communication with the officer in charge.
C. No firearms!
Firearms should not be used! To do so will
expose the Master or crew to imprisonment or execution should
a pirate be killed in a hostile port
expose the vessel to arrest and security demands exceeding the
amount of valuables the pirates could have taken from the vessel
increase the risk that the pirates themselves will use firearms with
the possibility that a crew member may be killed or injured.
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2.9 Security
100
2.9 Security
2.9.5.1
General
Ships are a preferred target for drug smuggling as the smuggler will
remain undetected should the drugs be discovered and the blame
will fall on the vessel and her crew. Utmost vigilance is required in
all ports, day and night, where drug smuggling is known to occur.
Drugs may be smuggled
inside the vessels structure and accommodation
inside the vessels holds and amongst the cargo
inside vessel openings in the hull, such as cooling water
suctionboxes
divers are known to weld receptacles to the vessels hull
underwater and to conceal drugs in rudder trunks. Air bubbles
in the water around the vessel may be an indication of any
suchactivities.
2.9.5.2
101
2.9 Security
2.9.5.3
2.9.5.4
102
2.10
2.10.1
General
The successful performance of any voyage is very much dependant
upon the physical condition of the vessel. Despite time pressures
and economic considerations, continuous inspections and
maintenance is of the utmost priority to ensure that the vessel is
fully operational and structurally sound to perform the voyage. The
first impression of a vessels condition is often the most reliable.
Therefore, the Master should try to obtain a full and complete
impression of the vessel prior to assuming command. Inspections
should be undertaken at regular intervals, their results recorded and
any repairs should be carried out at the first available opportunity.
Procedures should be in place within the SMS to ensure that the
vessel is maintained in conformity with the relevant rules and
regulations and as required under section 10 of the ISM Code.
2.10.2
Vessels seaworthiness
After taking over the command of the vessel, and prior to the
commencement of each voyage, the Master should satisfy himself
that the vessel is maintained in a fully seaworthy condition for the
safety of the vessel, crew, passengers and individuals as well as the
safe carriage of the cargo. The provision of a seaworthy vessel,
adequately manned and provisioned and capable of undertaking
and withstand the voyage, is the fundamental obligation of every
shipowner. As the Companys representative, the Master plays a
vital role in meeting this obligation.
If the Master finds deficiencies which may affect the safety and/
or seaworthiness of the vessel, he/she should immediately report
these to the Company, even where the Master believes there
may be insufficient time to rectify the deficiencies before the
commencement of the voyage. However, the classification society
103
2.10.3.1
104
Lifesaving equipment
Checks on lifesaving equipment should, amongst other
thingsinclude
the condition of the lifeboats, their equipment and launching
arrangements
ensuring that launching instructions are properly displayed
andlegible
checking the expiry dates of life rafts and other lifesaving
equipment, including whether they have been subject to regular
inspection and/or testing as required by law
checking that lifebuoys are in their designated places with
heaving lines ready for use and not tightly coiled
checking lifebuoys with lights, ensuring bulbs are in place, intact
and their batteries are working
2.10.3.2
105
106
107
2.10.6.1
General
Computerised vessel bridges and engine rooms are becoming
more commonplace. New vessels are so equipped and more and
more of the existing ships are being outfitted with the latest
Integrated Bridge System (IBS) and total concept engine room
automationsystems.
All vessels built after 1 July 2002 must be fitted with Voyage Data
Recorder (VDR) and Automatic Identification System (AIS) and all
tankers are required to have an AIS transponder fitted no later than
the first safety equipment survey on or after 1 July 2003.
2.10.6.2
2.10.6.3
108
2.10.6.4
2.10.6.5
109
2.10.6.6
Causes of incidents
Despite this advanced technological equipment being available
to the Master, his/her officers, engineers and crew, collisions and
casualties were, nevertheless, caused by mistakes due to
the inability to operate the system or equipment correctly
misunderstanding the limitations of the system
complacency
failure to carry out regular checks and planned maintenance of
critical engine machinery
unawareness of the distraction factor, and
providing a false sense of security.
2.10.6.7
110
Vessels openings
For further details please refer to Gard News 173, Tightness of
hatch covers.
Inspection rounds of the vessel should include a special check on
the condition of
watertight doors
ventilation heads
hatch covers
hold access covers
dogs and clamps
side ports
ramps and doors to the superstructure
the condition of rubber gaskets.
Damaged, worn or compressed parts must be replaced immediately.
Drainpipes and gutters on hatch covers and panels also require
attention and need to be kept clean at all times.
On vessels with hatch covers, the Master should if the vessels cargo
operations so allow make a daylight test of the hatch covers to
check whether they are tight. Hatch covers are the most vulnerable
part of the vessel when it comes to water ingress during the voyage
and can endanger the safety of both the vessel and thecrew.
111
112
113
2.10.10
114
115
116
2.11.2.2
Fumigation
A. General
Fumigation may be required should an infestation be found
anywhere on the vessel.
It may be necessary to fumigate the cargo in the vessels holds,
either prior to or after loading, to prevent an infestation or
deterioration of the cargo.
If fumigation of the cargo spaces and/or cargoes takes place, the
Master is advised to strictly adhere to the IMO Recommendations
on the Safe Use of Pesticides on Ships and the procedures under the
vessels SMS, which contain detailed advice on
regulations for the use of pesticides
safety precautions
first aid and special medical treatment emergency procedures
types of fumigants
methods of fumigation.
117
The Master should be aware that he/she has the absolute discretion
as to
whether or not a vessel or cargo is to be fumigated
the manner in which the fumigation is performed
whether or not to permit in transit fumigation.
Prior to any fumigation being carried out, which the Master is
best advised to leave to professional personnel from ashore, large
warning signs must be displayed in prominent places clearly
indicating that the vessel is under fumigation and toxic gases are
inuse.
A gangway guard should be maintained to prevent access to the
vessel whilst under fumigation.
C. Fumigation in transit
For details please refer to Gard News 173, In-transit fumigation of
bulk cargoes.
Wherever possible, the Master should try to avoid fumigation in
transit as this may pose an unnecessary threat to the crews health.
Fumigation in transit is at the sole discretion of the Master. The
Master should consult the flag State administration regarding any
118
2.11.2.3
2.11.2.4
119
Special checks are required for small holes and cracks in pipework.
In particular, checks for leaks at flanges, especially on pipes serving
bunker tanks as leaking fumes can contaminate the cargoes.
If repairs to pipeworks have been carried out, these pipes should be
the subject of a pressure test.
2.11.2.5
Cargo gear
If the vessels cargo gear is used for loading and discharging
operations, the gear should
be in a proper working condition
be regularly maintained in accordance with the vessels planned
maintenance schedule under the vessels SMS
be clearly marked showing the Safe Working Load (SWL) in
sufficiently large markings
have overload protection that cannot be overridden when
inoperation.
Blocks, shackles and all other gear should be well greased
and properly maintained. Wires should be without hooks or
protrudingends.
Cargo gear certificates should be valid for at least the entire
forthcoming voyage.
If the vessels cargo gear is used by shore labour, such operations
should be only permitted if the Master is satisfied that such labour
is fully familiar with the vessels gear. The vessels gear should be in
asafe state of readiness before use by shore labour, who should not
be permitted to operate the gear, especially outside the safety limits,
without authorisation from a responsible vessels officer. Limit key
switches should not be left in the controls. The Master and his/her
officers are advised to constantly monitor the operation, especially
with a view to avoiding the SWL being exceeded. The competence
of shore labour needs to be monitored and the operation should be
120
stopped if there are any concerns in this regard. The Master should
keep a record of the operation of the cargo gear by the shore labour
which should include the date, times and any incidents which
occurred during operation.
The appropriate Personal Protective Equipment (please see section
2.8.4.1 Safe working clothes Personal Protective Equipment
(PPE)) should be worn by both shore workers and crew members.
2.11.2.6
Cargo tackle
If the vessel has to supply cargo slings, wires, nets, spreaders and
other tackle, the Master must before use ensure that
the crew carry out a careful check of the tackle and its condition
under the supervision of a responsible officer
corroded, apparently unfit or otherwise defective tackle is
removed and not used.
Even if the vessels tackle is only used once, the consequences may
be fatal if a wire parts, a spreader is out of alignment, or the tackle
is not strong enough to lift the load. During cargo operations
constant monitoring is required of the state and condition of the
cargo tackle used. Stevedores are sometimes less careful if the
tackle belongs to the vessel rather than the stevedoring company
defective tackle should be removed immediately and replaced
with new.
If the cargo handling gear is damaged, the Master should
immediately bring the matter to the attention of the stevedores
foreman and serve a written protest. The Master should also advise
the Company and the charterers.
2.11.2.7
121
122
123
2.11.2.8
Ventilation
For further details please refer to Gard News 173, Dont work up
asweat.
Whilst the principles and knowledge of proper ventilation should
have been part of the Masters and officers education and training,
damage to cargo often arises as a result of improper ventilation.
Care is required when ventilating to avoid two main problems
ship sweat
cargo sweat.
Ship sweat occurs when air within the hold is cooled by the
vessels structure and occurs mainly on voyages from warmer to
colder climates. If sufficient air space is left in the cargo hold,
condensation can occur and ships sweat may drip onto the surface
of the cargo.
Cargo sweat occurs when air within the hold is cooled by the cargo
and occurs mainly on voyages from colder to warmer climates. If
the ventilating air flowing over the cargo has a higher temperature
than the cargo itself, the air will be cooled and may condense on the
cooler surface of the cargo.
Whether surface or through ventilation is required, depends upon
the nature of the cargo and its packing
climate changes during the voyage
sea conditions.
Ventilation should only be carried out when the dew point of the
ambient air is lower than the dew point of the hold air.
Cargoes fumigated before loading cannot be ventilated immediately
and in some circumstances, e.g. heavy weather or humid ambient
conditions preventing ventilation, some ships sweat may be
unavoidable. Cargoes with a high moisture content will also suffer
124
2.11.3.2
Typed amendments
The Master should pay particular attention to the provisions in
the charterparty where typed amendments have been made, which
may shift responsibility for cargo damage from the charterers to the
Company. The Master should check with the Company if he/she is
in doubt about the interpretation of any charterparty clauses.
125
2.11.3.3
2.11.3.4
126
2.11.3.5
127
2.11.4.1
128
General
The bill of lading is a valuable legal document with three very
important functions
it is a document of title
2.11.4.2
129
2.11.4.3
130
Date of issue
A shipped on board bill of lading confirms that the cargo
was loaded onto the vessel on a particular date. The date of
shipment has often important implications, e.g. in the contract of
sale between the shipper and receiver. If the date is incorrect the
Company may face claims from the receiver. The bill of lading must
therefore be signed and dated to accurately record the date when
the cargo was actually loaded. The Master must not sign an ante/
post-dated bill of lading.
2.11.4.4
2.11.4.5
Letters of indemnity
It is common for shippers to offer a letter of indemnity in exchange
for a clean bill of lading or a bill of lading which is ante/postdated. This type of letters of indemnity are unenforceable in most
jurisdictions because the courts consider the carrier a party with the
shippers to a fraud, i.e. the bill of lading is issued in the knowledge
that it contains information on which the receivers will rely, but
which is known to be incorrect.
A letter of indemnity is therefore not legally binding, and will
offer the Company no protection if the shipper goes back on
his promise. There will be no P&I cover available either as the
P&I Rules exclude cover for claims arising from the issue of an
ante/post-dated bill of lading or claims arising from the issue of
a bill of lading known by the Master or the Company to contain
an incorrect description of the cargo, its quantity or condition.
The risks are therefore great in signing a bill of lading containing
incorrectinformation.
Whenever the Master is requested to issue a clean or incorrectly
dated bill of lading in return for a letter of indemnity, he/she should
refuse, despite threats to delay the vessel or other pressures
immediately contact the Company and/or the correspondent for
advice and assistance.
131
2.12
Selected Cargoes
2.12.1
General
Due to the fact that more and more goods are carried in containers
packed by the shippers, expertise on the loading, stowage, securing,
lashing and carrying of non-unitised cargoes is diminishing. This
section will therefore provide some basic advice on the handling of
certain types of cargoes not carried in containers. Nevertheless,
a sub-section also deals with containers.
If a cargo is to be loaded on which there is no or very little
information available, the Master and his/her officer should seek
written advice from the shippers on the proper stowage, securing,
lashing and carrying. In case of doubt, the Master and his/her
officers should not hesitate to contact the local P&I correspondent.
2.12.2
2.12.2.1
General
Dry bulk cargoes other than concentrates are likely to suffer
damage from
contamination by foreign matter caused by
poorly prepared holds containing remnants from previous
cargoes
defective paint
rust and vapour
deterioration caused by moisture from
rain or snow during loading
ingress of water during the voyage caused by defective hatch
covers, other vessels openings, defective sounding pipes,
defective gaskets or leakage through defects in the steelwork
sweat during the voyage
132
2.12.2.2
2.12.2.3
133
2.12.2.4
134
2.12.2.5
2.12.2.6
135
136
2.12.2.7
Heating of cargo
A. Heating of cargo due to its properties
Some dry bulk cargoes are prone to heating. Prior to the
commencement of loading operations, the Master should seek
documents showing
the properties of the cargo, such as fat and moisture contents
the duration of storage prior to loading.
If the Master is in any doubt as to the authenticity of the
documents, he/she should request assistance from the Company.
If cargo prone to heating is to be loaded, certain precautions should
be taken, such as
placing temperature probes vertically and horizontally in
thecargo
performing daily temperature checks, the results of which should
be entered in the logbook or in the relevant ships forms.
If direct reduced iron (DRI) in any form or cargoes with similar
properties is to be loaded the Master need to obtain special
instructions from the shipper and the Company for the loading and
carriage of such a cargo.
For details please refer to
Gard News 178, Understanding the different direct reduced iron
products, and
Gard Loss Prevention Circular No. 07-03: The dangers of
carrying Direct Reduced Iron (DRI).
137
2.12.2.8
Draft survey
For further information please refer to
Gard News 176, Major cargo claims analysis dry bulk and
unitised cargo
Gard News 172, Draft surveys
Gard News 153, The importance of draft surveys in the defence
of claims for shortage of bulk cargoes
Gard News 153, Dry cargo surveys from the Clubs perspective.
A draft survey should be undertaken prior to the commencement
of loading of any bulk cargo to assess the proper light weight of
the vessel, bunkers, fresh water and stores. This is necessary in
order to compare the figures with those assessed during a draught
survey after loading. It is advisable to arrange a draft survey of the
vessel after loading a bulk cargo to assess the actual weight loaded,
particularly when
the shippers weight figures differ from the weight assessed by
thevessel
the shippers weight figures differ from the weight provided prior
to loading.
138
2.12.2.9
139
C. Sampling equipment
Sampling equipment
should be appropriate and be compatible with the cargo to be
sampled, and
only thoroughly cleaned equipment should be used.
D. Sufficient number and amounts
Representative samples and sufficient sample amounts need to
betaken
a number of samples taken at regular intervals and at different
places within the cargo spaces or continually during loading/
discharging liquid cargoes
more than one set of tests may be required.
E. Labelling and sealing
Samples
must be properly labelled and sealed in the presence of the other
interested parties
to be tested or retained, must be taken by ships personnel
or their representatives in the presence of the other
interestedparties.
F. Retention of samples
Retention and storage of samples
careful consideration should be given to which samples should be
retained and for how long
samples retained must be stored in a safe place where they cannot
be tampered with
samples taken must be stored in a dark, well ventilated place
away from heat and other sources likely to interfere with
thesample.
140
141
2.12.3.2
142
B. Edible oils
When involved in the carriage of edible oils it is important to
comply with applicable regulations laid down under national law,
European Union or industry standardssuch as the requirements
stipulated by The Federation of Oils, Seed and Fats Associations
(FOSFA), The National Institute of Oilseeds Products (NIOP) or
similar trading organisations.
Previous cargoes must be carefully checked against the List of
Acceptable Previous Cargoes and the List of Banned Immediate
Previous Cargoes. Leaded petroleum or other leaded products shall
not be carried as the three previous cargoes! When considering
what the last immediate cargo was it should be noted that under
FOSFA it is a requirement that the percentage of the last previous
cargo in the tank to be loaded was not less then 60 per cent by
volume of the tank.
Depending on the type of vessel the following items should among
others be considered when planning a voyage
are the previous cargoes acceptable
health hazards/personal protection needed
inert gas requirements
cargo compatibility
tank coating suitability
heating/cooling requirements
special cargo handling requirements under
SOLAS/MARPOL/IBC/IGC/BCH
trim and draft restrictions at both load and discharge ports.
143
2.12.3.3
144
2.12.3.4
145
146
147
2.12.3.5
Cargo samples
A. General
Cargo samples should be drawn at regular intervals during loading,
preferably jointly in the presence of a representative of the shipper
or terminal as follows
vessels manifold at the very beginning of loading and after
scheduled and unscheduled stoppages for shore reasons
first foot sample
sample drawn at the manifold throughout the loading
final tank sample
tank samples drawn before commencement of discharge
manifold sample at commencement of discharge.
The samples should be labelled, indicating where, when and by
whom the samples were drawn. All samples taken must be sealed
and kept in a designated place on board or delivered to appropriate
storage facilities ashore. It is recommended that all samples are
retained for at least one year after completion of discharge.
Samples are extremely important in the event cargo interests bring a
claim against the Company regarding the condition of the cargo. As
the vessels responsibilities for the cargo normally starts and ends at
vessels manifold, samples drawn as referred to above will be very
useful in establishing the cargos condition throughout the voyage.
Manifold and first foot samples should immediately be checked
visually for any foreign particles, water and colour. If there is any
suspicion that the sample might be off specification, the terminal
should be advised accordingly and loading operations should be
stopped for further investigations.
For general principles of sampling, please see also section 2.12.2.9
Cargo sampling dry bulk cargoes.
148
B. Prepared samples
The Master should never accept samples of the cargo which are
already sealed and labelled as they might not be samples of the
cargo actually loaded.
C. Request for signing cargo samples
The Master should never sign any receipt for a cargo sample unless
he/she knows the details on the label to be accurate.
2.12.3.6
2.12.3.7
149
150
151
2.12.4.1
General
Whilst cargo stowed in containers appears less vulnerable to
damage by external elements whilst on board the vessel, the
containers themselves may cause damage to the vessel and the
cargo holds
during rough loading or discharging
due to inadequate stowage, securing or lashing of cargo inside
thecontainers.
2.12.4.2
Condition of containers
If containers are not properly maintained, they are likely to damage
their contents. Whilst it is difficult, if not impossible, for the Master
or his/her officers to check whether the doors of the container are
152
2.12.4.3
153
2.12.4.4
IMDG labels
The International Marine Dangerous Goods (IMDG) Code came
into force on 1st January 2004. The Master and his/her officers are
therefore advised to load cargoes classified by the IMDG Code in
strict conformity with the requirements of the Code.
During loading, particular attention should be given to IMDG
labels identifying dangerous goods. The labels on these containers
should correspond to the descriptions in the dangerous goods
manifest and dangerous cargo stowage or bay plan. Storage of these
containers should always be in accordance with the dangerous
goods stowage plan. If discrepancies are noted, the Master should
ensure that the container is reloaded in the correct stowage position
as planned.
2.12.4.5
154
Flat racks
If flat racks are loaded, the Master should ensure that the cargo
on these units is properly lashed, secured and protected against
external elements. This includes locating a suitable stowage position
to avoid damage by the impact of waves. If the Master is in any
doubt as to whether the cargo on the flat racks is sufficiently lashed,
2.12.4.6
2.12.4.7
2.12.4.8
155
forward of the bow must be visible from the bridge. If the Master is
of the opinion that visibility may be impaired, he/she should request
a restow of the containers.
2.12.4.9
2.12.5
General cargoes
For further details please refer to Gard News 175, Major cargo
claims analysis.
2.12.5.1
General
The most likely types of damage to exposed general cargo are
pre-shipment damage due to rough handling or unprotected
storage ashore
physical damage due to rough handling during loading or
discharging
physical damage due to inappropriate stowage and/or insufficient
lashing or securing
wet damage before, during loading and during the voyage due to
defective hatch covers and gaskets
heating damage due to insufficient storage ashore with
resultingexcessive
temperatures during loading
fat content prior to loading
heating damage due to storage of cargo on heated tanks.
156
157
2.12.5.2
2.12.5.3
Damaged cargo
For further details please refer to Gard News 180, When can a
master refuse to load damaged cargo?
If cargo damage is noted after the cargo has been loaded into the
vessels holds, the Master should try to
unload the cargo
obtain replacement cargo from the shippers.
158
2.12.5.4
159
2.12.5.5
2.12.5.6
2.12.5.7
2.12.5.8
160
161
2.12.6.2
2.12.6.3
162
2.12.6.4
2.12.6.5
163
2.12.7.1
General
Whilst the normal place for stowage of cargo on non-container
vessels is in the holds, the vessel may nevertheless be required
to carry cargo on deck. Such cargo may be voluminous, heavy
lift cargo or dangerous goods classified under the International
Maritime Dangerous Goods (IMDG) Code.
If any cargo is intended to be carried on deck the Master should
ascertain that
deck stowage is permitted by the shipper
the particular cargo is suitable for carriage on deck
the vessel is properly equipped to carry the cargo on deck
the deck and/or hatch covers are strong enough
it is customary to carry the cargo on deck
the bill of lading will be appropriately claused to reflect carriage
on deck and to exempt the Company from liability for
damage/loss.
2.12.7.2
2.12.7.3
164
2.12.7.4
2.12.8.1
General
The main problem in the carriage of refrigerated goods is their end
use. Such goods are generally destined for human consumption.
Most countries have strict health and sanitary provisions
prohibiting damaged cargo from being imported. The consequences
of contaminated cargo can be disastrous as it may not only be very
difficult to dispose of the cargo, but also very costly both for the
Company and the P&I insurer.
165
2.12.8.2
2.12.8.3
2.12.8.4
Reefer containers
When containers with refrigeration units are to be loaded, the
Master should, together with the engineer responsible, ensure that
166
2.12.9.1
General
The main hazards and causes of damage in the operation of roro
cargo vessels are
instability of the vessel due to uneven distribution of the load
insufficient lashing and securing of cargo on rolling stock
insufficient lashing and securing of rolling stock and trailers on
board the vessel
wrongly declared or undeclared dangerous cargo loaded
ontrailers
negligent closing of watertight doors and ramps.
167
2.12.9.2
2.12.9.3
2.12.9.4
168
Trailers
It is often difficult, if not impossible, for the Master and his/her
officers to check whether the cargo is properly lashed within the
trailers being loaded. Furthermore, the centre of gravity of a trailer
cannot be checked due to the speed of loading and the fact that the
cargo is covered by tarpaulins and sealed by customs.
2.12.9.5
2.12.9.6
169
2.12.9.7
170
2.12.10
Steel cargoes
For details please refer to
Gard News 153, Steel pre-shipment surveys
Gard compilation: The carriage of steel.
2.12.10.1 General
Steel cargoes, although solid in appearance, require special attention
and care
prior to loading
during loading
during the carriage
during discharge.
Steel is especially vulnerable to
wetting resulting in rust
physical damage
contamination with foreign matter.
171
2.13
2.13.1
2.13.2
2.13.2.1
172
2.13.2.2
2.13.2.3
Equipment used
The equipment used for bunkering operations must be inspected
at appropriate intervals and maintained as required under section
10 of the ISM Code. Gauges and other sounding and measuring
instruments must be properly calibrated before being used to avoid
any incorrect measurements or soundings which may cause an
overflow with catastrophic consequences.
173
2.13.2.4
2.13.2.5
174
2.13.2.6
2.13.2.7
175
176
2.13.3.2
177
2.13.3.3
2.13.3.4
178
2.13.3.5
2.13.3.6
2.13.3.7
179
180
181
2.13.5
Pilot assistance
For further details please refer to Gard News 160, Pilot on the
bridge role, authority and responsibility.
2.13.5.1
General
The main cause of accidents when leaving and entering a port under
pilotage is improper Bridge Resource Management due to
insufficient communication between the pilot and the bridge team
lack of proper preparation by the vessel and the pilot of the
berthing or unberthing manoeuvre
insufficient information provided by the vessel to the pilot
insufficient evaluation of the Masters or pilots passage plan
failure by the Master to monitor the pilot and overrule him
ifnecessary.
2.13.5.2
2.13.5.3
2.13.5.4
182
intervene with and overrule the pilots decision where and when
the situation requires.
If there is any problem with the pilots performance, the Master
should reject the pilot and demand substitution.
2.13.5.5
2.13.5.6
183
2.13.6
184
185
General
Watchkeeping, either underway, at anchorage or in port is a
fundamental duty in the operation of a vessel, for the safety of
life and property and the protection of the marine environment.
Watchkeeping is not only governed by the Code and Convention on
Standards of Training, Certification and Watchkeeping
(STCW 95), but should form an essential part of the vessels SMS
under the ISM Code. Whilst the Master is in command of the
vessel, the Officers of the Watch (OOW) are at all times responsible
for the safe navigation of the vessel and compliance with the
International Regulations for Preventing Collisions at Sea (Collision
Regulations).
186
2.14.2.2
187
2.14.2.3
2.14.2.4
188
2.14.2.5
Proper lookout
The Master should instruct his/her officers to ensure that a proper
lookout is maintained. The watchkeeping officer needs to be
assisted by a lookout, especially in periods of darkness or restricted
visibility. Some jurisdictions impose hefty fines if a collision or
grounding is attributed to lack of a proper lookout and certificates
of competency may be suspended or cancelled as a result thereof.
The helmsman if used should not be considered to be a lookout,
as his/her duties are separate, unless
on small vessels
an unobstructed all round view is provided from the steering
stand, and
there is no impairment of night vision.
The provisions for proper lookout in the Code and Convention on
Standards of Training, Certification and Watchkeeping (STCW 95)
must be observed.
The Master should check frequently to ensure that a proper lookout
is posted, when required. The logbook should show the names and
periods of the posted lookout.
The lookout should be encouraged to report any concerns arising
during watchkeeping to the officer of the watch. Any observations
by the lookout should be taken seriously and appropriate
acknowledgements should be made and actions taken.
189
2.14.2.6
190
2.14.2.7
Weather reports
The Master should ensure that weather reports are received
regularly and are properly evaluated. It may be useful to review
weather charts and synopses with the officers for training purposes,
and to encourage them to regularly collect weather reports.
2.14.2.8
2.14.2.9
191
192
2.14.3.1
General
Anchoring or lying at anchor should be carefully prepared with
the same vigilance and awareness as berthing or unberthing. The
consequences of an anchor not holding ground can be disastrous
and may result in damage to the vessel, the environment and finally
a costly salvage operation, if not the total loss of the vessel itself.
193
2.14.3.2
2.14.3.3
2.14.3.4
Watchkeeping at anchorage
The Master should ensure that, whilst the vessel is at anchorage the
same principles are applied to watchkeeping as en route in addition
to the requirements under the vessels SMS and the SSP. This is
particularly important at anchorages which are exposed to sudden
194
195
2.14.3.5
2.14.3.6
196
197
2.15
2.15.1
General
Ballast Water Management has become a matter of international
concern. The Master is advised to obtain detailed information for
all countries of call or passage to ensure compliance with national
legislation and international recommendations such as the IMO
Resolution on Guidelines for the control and management of ships
ballast water to minimize the transfer of harmful aquatic organisms
and pathogens (A20/Res.868). Non-compliance with national
legislation may result in large fines being imposed on the Master
and the vessels officers and delay to the vessel with costs being
incurred and possible claims made by the charterers.
2.15.2
198
199
2.15.3
200
201
2.16
2.16.1
202
Fines
In most jurisdictions, the vessel, the Master and his/her crew
are all subject to fines if a shore official observes the slightest
irregularity. Fines may range from insignificant to extraordinarily
large amounts. It is not uncommon for fines to be considered part
of a countrys national budget in some jurisdictions. Therefore, the
Master and his/her crew must closely adhere to all international
conventions, national laws and regulations to prevent any fines
being imposed.
Fines may be imposed on the vessel, the Master, officers and/or
crew for a wide range of violations including
contravention of Collision Prevention Regulations and national
waterway regulations
contravention of traffic directives given from ashore
expiry of the vessels trading documents
irregularities in customs forms, manifests and crew lists
discrepancies in ships stores, medical stores and crews personal
effects declarations
outdated medicines in the ships medicine stores
203
204
Pollution
General
Due to the increased global focus on environmental issues,
pollution, irrespective of the substance and cause involved, not
only attracts immediate public attention but constitutes a criminal
offence in most countries, often with severe personal consequences
for the Master and the ships personnel involved.
As pollution has far reaching consequences reference should always
be made to the Gard Handbook on Protection of the Marine
Environment.
Every aspect of pollution is dealt with in detail in the above
Handbook. Information can be found on
general environmental issues
major causes of marine pollution
pollution prevention
reducing pollution
contingency planning
international and national historical and legislative background
MARPOL 73/78, including all Annexes
other relevant environmental conventions
national response systems
liability and compensation schemes.
Due to the current focus on pollution some aspects are briefly dealt
with in this section.
205
2.16.3.2
Pollutants
Different types of substances, and operations or accidents can cause
pollution of the environment. Major pollutants are
oil and oily substances bunker oil, lube oil and oil cargoes
cargoes such as
noxious liquid substances in bulk
harmful substances carried in packaged form
sewage
garbage and waste
air pollutants such as soot and sulphuric acid from the
shipsexhaust
ballast water.
2.16.3.3
A. Pollution by oil
Pollution by oil and oily substances causes considerable harm to
animals and plants as well as damage to third party property during
clean-up. Some affected property cannot be cleaned or repaired and
must be replaced. Pollution by oil cargoes receives a lot of attention
in the media but is actually a minor contributor to oil pollution
world-wide. The most common type of pollution is caused by
bunker heavy fuel oil. Pollution by heavy fuel oil is serious due to
its chemical consistency and properties thus
having a more harmful impact on the maritime environment
making clean-up more difficult and expensive.
206
207
208
Garbage includes
ships domestic waste
wrappings from provisions and stores delivered on board
remnants and sweepings from the cargo holds.
The prevention of pollution by garbage is covered by MARPOL
73/78 Annex V. The Master and his/her officers are advised to refer
to Annex V for a detailed definition of garbage.
209
The Master should ensure that he/she is familiar with all relevant
local and international requirements in force. Certain port States
have imposed significant control procedures, detentions and fines
on vessels discharging ballast water in their jurisdictions. For
example, ballast water cannot be discharged in some countries
without permission and the authorities in others often impose large
fines for discharges of clean water.
G. Air pollution
Air pollution is caused by deficiencies in vessels exhaust pipe filters
when burning heavy fuel oils. Air pollution from exhaust gases is
said to contribute to global warming and can only be reduced by
achieving a more efficient combustion of fuel oils.
Although less prevalent today, pollution of air by soot from the
ships funnel may still occur. In such instances, the consequences
are often far reaching as soot particles can be carried for miles
and damage third party property. Furthermore, clean-up is labour
intensive and thus costly.
Annex VI to MARPOL 73/78 sets out regulations for the prevention
of air pollution and came into force on 19 May 2005. The Master,
his/her officers and engineers are advised to consider and comply
with MARPOL 73/78 as well as any national regulations.
In April 1999, the European Union (EU) issued a directive
(1999/32/EC) which came into force on 1 July 2002, stating that
a sulphur cap is in place on inland use of middle distillate fuels
with a similar cap being placed on the marine use of such products.
In summary, the directive puts a sulphur cap on all grades of fuel
within Table 1 of ISO 82171996. The EU directive includes a
sulphur cap of 0.2 per cent by mass on marine diesel oil (MDO).
210
2.16.3.4
B. Special areas
When entering Particular Sensitive Sea Areas (PSSA) the Master
and his/her officers are advised to carefully comply with the special
regulations in force, such as
the absolute prohibition of discharge of oil, oily substances or
ships grey water, the latter permitted only by strict compliance
with special requirements, and
the proper notification to the competent authorities before
entering PSSAs.
Any contravention of these regulations not only constitutes a
criminal offence, but may have serious financial consequences for
the Company and sometimes the P&I insurer.
211
C. Accuracy of records
The Master and his/her officers are advised to keep proper and
accurate records in the Oil Record Book and Garbage Record
Book. The slightest irregularity in these records may lead an
authority to not only carry out a more detailed inspection but
to also impose a fine on the person responsible as well as the
Master. Irregularities in these record books may, in some countries,
constitute a criminal offence and could even lead to imprisonment.
D. Port State control inspection
Under MARPOL, port State control officers may at any time carry
out an inspection when there are clear grounds for believing that
the Master or crew are not familiar with their obligations under
MARPOL. Such inspections may result in the vessel being detained
without notice until steps have been taken to rectify the situation.
E. Co-operation with authorities no voluntary admission of liability
If pollution has occurred, the Master and/or engineers should
co-operate with the authorities to limit any consequences thereof.
Before any admission of liability is made by the ships personnel, the
P&I insurer and the correspondent, or the lawyers representing the
Company should be consulted.
If the Master, however, feels his/her vessel is wrongly accused or
any response action taken by the authorities is incorrect, he/she may
make a note of protest, but should seek advice from the P&I insurer
and the correspondent or the lawyers representing the Company
before doing so.
212
213
2.16.4.2
Insurance cover
In terms of insurance, a collision requires contact between two
vessels. Under some insurance arrangements the liability for damage
to the other vessels can fall
fully under the Hull and Machinery insurance cover
fully upon the P&I insurer
under the English ITC hulls rule 25 per cent with the P&I
insurer and the remainder with the Hull and Machinery insurer,
in which case, the P&I insurer normally takes the lead in the
investigation and any resulting proceedings.
Please also refer to section 1.8 Difference between P&I insurance
and Hull and Machinery insurance.
2.16.4.3
214
Collision at sea
Despite vessels being constructed to provide sufficient buoyancy if
one or more of the vessels compartments are flooded, the sequence
and impact of a collision can never be foreseen as there may be
an immediate loss of sufficient buoyancy. In such circumstances,
knowledge of the vessels Emergency Contingency Plan is vital.
Survival of the crew can only be ensured if the crew is trained to
such an extent that every crew member is able to carry out his/
her emergency role. It cannot be emphasised enough that proper
familiarisation with lifeboat exercises is in many cases vital for
the survival of the crew and subsequent rescue by other vessels.
The only help that may be available at sea is often the other vessel
involved in the collision.
2.16.4.4
215
2.16.4.5
2.16.4.6
216
2.16.4.7
2.16.5.2
217
collect from the pilot the MPX form, please see Annex 7
refuse to let the pilot take over the helm (unless necessary in
thecircumstances).
Please see also section 2.13.5 Pilot assistance.
Damage to berths and jetties can in many cases be prevented if
sufficient tug assistance is used. In circumstances where there are
strong currents and tides or strong winds, the Master should always
consider using tug assistance or delaying the manoeuvre until the
prevailing situation improves.
When swinging off the berth before berthing, the Master should
ensure that the tugs have brought the vessel under control
sufficiently far off the berth before final approach.
Replacement towing lines should be available on the vessel and
ready to be deployed if the tugs line is rejected due to its poor
condition or if the tugs line parts.
On leaving or entering a berth where container or other gantry
cranes are located close to the quayside, the Master should
verify the vessels highest point (air draught), i.e. aerial or mast
verify with the pilot the air clearance of the gantry cranes
reduce speed in time on approach to the shore installation
avoid coming into contact with the shore installation.
2.16.5.3
218
2.16.5.4
2.16.5.5
219
2.16.6.2
220
2.16.6.3
2.16.6.4
221
222
223
The Company and the P&I insurer may also be liable for the costs
of the measures undertaken to prevent or minimise damage to the
environment as such costs are only allowed in general average in
certain circumstances.
Due to the complex nature of general average and the mechanism
for the allocation of expenses, the Master is best advised to keep
a detailed chronological record of all actions taken, so that the
Company and the P&I insurer can justify their position to the
various interests contributing in the general average.
For further information on general average please refer to section
3.9 Grounding and salvage General average.
2.16.7.2
224
225
2.16.7.3
Fire
For further details please refer to Gard News 175, Facing the
challenge of fire at sea.
Fire on board a vessel is one of the most dangerous situations for
both crew and passengers. A fire on board may result in the total
loss of the vessel. The Master and crew must be trained and drilled
to react professionally to any fire. A well-trained crew is often able
to contain a fire or even put it out, not only saving lives but also the
vessel itself and the cargo.
The success of effective fire fighting is dependant upon a
quick response
immediately assess the source of the fire
alert the entire fire fighting team and equip them ready
to respond
close all the vessels openings as quickly as possible.
It is essential that all members of the crew and other persons not
directly involved in the fire fighting operation are evacuated as
quickly as possible.
It is a mandatory requirement under section 8 of the ISM Code to
be prepared for such an emergency.
As in any marine accident, the vessel should not be abandoned
hastily, without the Master and his/her officers having evaluated the
stability of the vessel.
To prevent a fire occurring, safe working practices and smoking
restrictions must be observed
on all tank vessels
on dry cargo vessels during cargo operations and when carrying
dangerous goods on deck, even if stowed in containers
on deck on all vessels whilst in port
226
227
228
231
240
243
249
254
257
260
262
264
274
276
285
292
294
296
299
303
305
3.1
231
3.1.3
Be prepared!
Even on the best run vessels accidents may still occur. If this
happens, the consequences of an accident need to be and can be
reduced if the Master and his crew are trained and prepared to
respond in a professional manner and can be minimised by
the first steps taken, i.e. the initial response
collection of evidence
documents to be retained.
The ability to react to a developing situation should be trained and
drilled wherever and whenever appropriate in accordance with the
vessels Emergency Contingency Plan as required by the ISM Code,
section 8 please also see section 2.7 Training and drills.
If the Master and his crew know what to expect, they will not be
surprised or caught out!
232
the wall itself shows only traces of chafing. Any available evidence
must therefore be collected and preserved immediately after the
incident has occurred, even before assistance arrives from ashore.
The Master should always consider
contacting the correspondent or a surveyor via the correspondent
making notes and taking photographs or video of the incident or
affected area
keeping a record of the sequence of events
reporting the incident as soon as possible
record any eye witness accounts.
3.1.6 Contacts and instructions
Once an overview of the situation has been obtained and the initial
measures have been initiated, the Master should take immediate
instructions as laid down in the Companys and the vessels
Emergency Contingency Plan from
the Company
the P&I insurer and/or the Hull and Machinery insurer, as the
case may be
the correspondents or lawyers instructed by the insurers for and
on behalf of the Company.
Gard AS provides a 24 hour contingency service. Expertise is
pooled in a contingency team trained to handle catastrophes.
The emergency telephone numbers for Gard AS are:
For P&I:
International +47 90 52 41 00 National (Norway) 90 52 41 00
For Hull and Machinery:
International +47 90 92 52 00 National (Norway) 90 92 52 00
In any case, the Master should take the necessary action as is
appropriate for the particular situation.
233
234
3.1.8
Securing evidence
Claims will usually follow as a consequence of an accident or
incident. Repairs to the vessel or machinery may need to be carried
out. It is very important to collect the best possible evidence of the
nature
cause
extent,
of any loss or damage.
As a fundamental rule, the Master must never interfere,
destroy, tamper with or dispose of any evidence.
Even insignificant items can be of fundamental importance.
Evidence can be collected by
retaining all relevant paper documentation and electronic data
taking photographs and video and labelling them with details of
the date and time taken
the persons involved
the property damaged
the area concerned
retaining damaged equipment or parts keep these in an
appropriate place to avoid deterioration or corrosion and locked
to prevent unauthorised access
retaining cargo samples to avoid deterioration, keep these
in appropriate containers or bottles please also see section
2.12.2.9 Cargo sampling dry bulk cargoes
noting the names, addresses and contact details of any
eyewitnesses
taking statements from any eye witnesses
filing sea protests and letters of protest
arranging for a survey through the correspondent.
235
236
237
3.1.11
3.1.12
3.1.12.1
238
3.1.12.2
Receiving a protest
Utmost care should be exercised when
receiving a protest which the Master is requested to sign
making a statement following an incident.
If the contents of the protest received cannot be verified and the
Master is not satisfied that it reflects the facts, he/she should
always clause the protest for receipt only and without admission
ofcontents.
Should the Master be requested to sign a statement following an
incident, he/she should contact the local correspondents of the P&I
or Hull and Machinery insurers for assistance prior to signing.
239
Action to be taken
Cargo damage
The following actions must be taken if there is damage to the cargo
call the local correspondent to appoint a surveyor
take mitigating steps to prevent further deterioration of the cargo
protect the damaged cargo, e.g. cover with tarpaulins
stop any leakage/spillage of the cargo
should any pollution occur, refer immediately to the Shipboard
Oil Pollution Emergency Plan (SOPEP) or Vessels Response
Plan (VRP).
3.2.1.2
240
241
242
3.3Collision
3.3 Collision
Due to the fact that both the P&I and Hull and Machinery covers
may be involved, it is important to consider both aspects, i.e. the
damages to the own vessel and the other vessel. The Company,
the P&I and the Hull and Machinery insurer should therefore
becontacted.
3.3.1
3.3.1.1
Action to be taken
Emergency Contingency Plan
Should a collision occur the Master should immediately refer to the
Emergency Contingency Plan.
If oil has escaped from the own or the other vessel involved, the
Master must notify the appropriate authorities immediately!
3.3.1.2
General
The Master has the overriding authority and responsibility to
make decisions with respect to safety and pollution prevention.
The Master should therefore be in overall charge of decisions
andshould
immediately initiate a damage assessment
check the watertight integrity of the vessel, and
ensure the safety of the crew and passengers.
Reversing the engines after a collision, but prior to an initial
damage assessment, may have catastrophic results as one of the
vessels may suddenly lose her buoyancy and sink. The Master is
therefore advised to ascertain the extent to which the other vessel
needs assistance before reversing the engines.
243
3.3Collision
After taking the steps outlined below, the Master should encourage
all witnesses on his/her vessel to immediately record their
observations and memories of the events leading up to the collision.
The Master should encourage witnesses to give a true and accurate
account of the circumstances, even if it is to the detriment of the
vessel. Additionally, any photographs or video taken by crew
members should be collected and retained. Suitable initiatives
by crew members who have collected valuable evidence could
berewarded.
As radar sets are not always provided with a data recorder,
plotting sheets should be kept and/or sketches made of the radar
observations prior to the collision by those having been on radar
watch at the material time. A record of how the radar settings and
data were used will also be helpful in reconstructing the course and
proving that a proper radar watch was maintained at the time.
A record of any VHF traffic between the vessels involved or with
shore installations prior to the collision should be provided in
writing to establish what information or warnings of manoeuvres
were conveyed.
If the vessel is equipped with ECDIS or other electronic sea
charts, these should be stored as soon as possible, if this is not
automatically done by the system.
3.3.1.3
244
Reporting
The Company, the P&I and Hull and Machinery insurers and the
local correspondents should be informed immediately, providing the
following information
name, IMO number, call sign of the vessel
name of the Company
date and time of the collision, local and UTC (Co-ordinated
Universal Time)
position/location of the collision
3.3Collision
3.3.1.4
Personal injury
If any personal injury occurred as a result of the collision please see
section 3.11 Personal injury.
3.3.1.5
Cargo damage
If there is any cargo damage as a result of the collision please see
section 3.2 Cargo damage or loss.
3.3.1.6
Pollution
If there is any pollution as a result of the collision please see section
3.12 Pollution.
245
3.3Collision
246
3.3Collision
3.3.2.2
3.3.2.3
Persons involved
Name, rank, duties, whereabouts and contact details of
all persons attending the bridge at the time of the incident
any lookouts not on the bridge and their positions
any other eye witnesses to the collision
engine room personnel at the time of the collision
any person suffering a fatality or personal injury on board
any person suffering a fatality or personal injury on the
othervessel
any pilot on board at the time of the collision, times of
embarkation/disembarkation.
247
3.3Collision
248
General Reporting
If a fixed and floating object (FFO) or other third party property is
damaged by
manoeuvring the vessel
the vessels anchors or mooring lines
wash damage,
any claim is often lodged at a later stage when it is difficult to take
measures to minimise losses and to collect the evidence necessary
to defend the claim. Accordingly, as soon as an incident occurs the
P&I and/or Hull and Machinery insurer and correspondent should
be informed.
If there has been damage to third party property, the Master is
advised to consider notifying the nearest competent local authority
or National Operational Contact Point as well, depending on the
nature of the incident.
Wash damage often goes unnoticed by the vessels command and a
claim may only be lodged at a much later stage. Therefore, as much
evidence as possible should be obtained to defend any such claim.
249
Action to be taken
Make immediate reference to the vessels Emergency
ContingencyPlan
inform the relevant local authority or owner or operator of the
damaged object ashore
inform the Company, the P&I insurer or the insurers local
correspondent to arrange a survey.
250
251
3.4.3.2
3.4.3.3
Persons involved
Names, ranks, duties, whereabouts and contact details of
persons witnessing the damage to the vessel
all persons attending the bridge at the time of the incident
any lookouts not on the bridge
any other eye witnesses
engine room personnel
any person having suffered personal injury on the vessel, please
see section 3.11 Personal injury, crew illness or death
names and contact details of pilots on board the vessel at the time
of the incident, times of embarkation and disembarkation.
If possible, statements should be taken from any eye witnesses.
252
3.4.3.4
Documents to be retained
Chart used (paper or electronic) do not tamper with or erase
any marks/data
ECDIS (or similar) and AIS data stored
deck logbook
bridge bell book or scrap log
engine logbook
engine bell book or scrap log
manoeuvre/course recorder printouts
deviation log
STCW records of working and rest hours of the Master, officers
and crew on duty
copies of any third party reports to be retained.
Copies of the above together with copies of other trading
documents will be taken by the lawyer or correspondent
instructed on behalf of the Company or the P&I and/or Hull and
Machineryinsurers.
Should any pollution occur please see section 3.12 Pollution.
253
3.5Diversion deviation
254
3.5Diversion deviation
The P&I insurance normally covers the Company for certain extra
costs incurred in justifiably diverting a ship in the circumstances
described above. If circumstances allow, the Master must seek
instructions from the Company and the P&I insurer before
diverting the vessel. Assistance can also be sought from the P&I
insurers local correspondent. All the circumstances that cause the
Master to divert the vessel should be recorded.
3.5.3 Diversion to undertake repairs
In case of damage to or failure of any part of the vessels engines or
other parts which require repairs at a port en route, both the Hull
and Machinery and P&I covers may be involved. Consequently,
the Company must be informed, enabling them to contact both
insurers. The Hull and Machinery insurer may wish to instruct a
surveyor to inspect the damage. An assessment as to whether the
diversion could amount to a deviation, may also be necessary, as
explained in section 2.16.8 Diversion Deviation.
3.5.4
255
3.5Diversion deviation
256
3.6Drug smuggling
General
The cover provided by the P&I insurers may be in jeopardy when
there is drug smuggling or allegations of smuggling. The Company,
the P&I insurer or its local correspondent should therefore be
contacted immediately. Actions should be taken and evidence
collected to protect the Company and the crew members.
3.6.2
Action to be taken
The Master should immediately refer to the Emergency Contingency
Plan under the ISM Code or the Ships Security Plan under the
ISPSCode.
Any guidance provided below should by no means be in
conflict with any regulatory requirement related to the ISM
and/or ISPS Code(s).
Should drugs be found on board the vessel, broken container seals
discovered or sealed lockers be broken into please see section
2.12.3.3 Seals and doors. The following precautions should be
taken until the authorities arrive
the drugs must not be touched
inform the local authorities, the P&I insurer and the
localcorrespondent
photograph or video the location where the drugs were found
leave the area untouched
seal off the area to prevent unauthorised access.
When broken seals are discovered and replaced by the crew,
a record should be made in the logbook and the bill of lading
together with a note of the relevant seal numbers. The relevant
authorities should be notified in compliance with the SMS and/or
SSP. Empty containers designated as empty should also be verified
to be empty in compliance with the SMS and/or SSP.
257
3.6Drug smuggling
258
3.6Drug smuggling
259
3.7
3.7.1
General
If fines are imposed upon the vessel or a person on board the vessel,
action should be taken and evidence collected to protect the interests
of those involved, provided their personal safety is not endangered.
260
Action to be taken
If a demand for payment of a fine or a request for a guarantee
ismade
the Master should notify the Company and the local
correspondents seeking their assistance
261
3.8 Fire
3.8
Fire
In an outbreak of fire the cover provided under both the P&I and
the Hull and Machinery covers may be involved. Contact should
therefore to be made with the Company, both insurers and/or their
respective local correspondents.
If the fire affects the structure of the vessel, it will primarily be the
Hull and Machinery insurance which will be involved. In all other
instances, where the fire affects the cargo or causes injury or death
to individuals, the cover proved by the P&I insurer will be involved.
Should there be an outbreak of fire, the following action must be
taken and evidence collected.
3.8.1
3.8.1.1
3.8.1.2
Reporting
A. In port or at anchor
If the vessel is in port or at anchor the Master should
immediatelyinform
the local fire brigade (possibly via the port authorities)
the Hull and Machinery and/or P&I insurers or local
correspondents
the Company.
B. At sea
If the vessel is underway but near the coast, the appropriate
Maritime Rescue Centre and/or Coast Guard should be notified, as
set out in the Emergency Contingency Plan.
262
3.8 Fire
263
3.9
3.9.1
Grounding
A grounding may primarily involve the Hull and Machinery
insurers and not necessarily P&I. It may nevertheless, result in a
general average and/or salvage, which may involve the P&I insurer
as well. The Company, the Hull and Machinery insurer and/or
the P&I insurer or their respective local correspondents should
therefore be contacted. Appropriate action must be taken and
evidence collected.
3.9.1.1
Action to be taken
A. Immediate action
Reference should be made to the Emergency Contingency Plan
watertight integrity of the vessel should be assessed
all tanks must be sounded to check for water ingress
make an assessment of the forces on the vessels structure taking
into account cargo distribution and prevailing tides and weather
proper navigation lights or shapes must be displayed
radio warnings should be broadcast to vessels in the vicinity of
the grounding site to keep clear
consider attempting to refloat.
B. Reporting
The Company, the Hull and Machinery and/or P&I insurers and the
local correspondents should be informed immediately, providing the
following information
date and vessels time of the grounding
position/location of the grounding
extent of damage sustained by the vessel
description of the part of the vessel aground
depth of water around the vessel
cargo distribution
prevailing weather conditions at the time of the grounding (keep
any weather records)
264
C. Salvor in attendance
Whenever a salvor is in attendance, the Master should keep a
detailed, chronological record of the following
weather, wind, sea and tidal conditions from commencement of
the refloating operation
names and position of tugs attending
times the tugs commenced the refloating operation
all activities undertaken and progress achieved
materials used by the salvor
personnel involved
any damage and/or risk of damage to the salvors equipment
andproperty
any discussions with the salvors.
During the refloating operation the Master should keep a detailed
record of the vessels expenses and excess costs incurred in
respectof
crew involvement (name, time and activity involved)
fuel used (heavy fuel, diesel and lubrication oil)
vessels equipment used and damaged.
265
3.9.1.2
266
Evidence to be collected
A. General information
Date and exact time of the grounding as recorded on the bridge
and in the engine room, vessels local time and UTC (Coordinated Universal Time)
position/location of the grounding
description of the part of the vessel aground
description of the area of the seabed where the grounding
tookplace
courses (chart course, steered course, gyro and magnetic
compass) at the time of the grounding
speed, propeller revolutions or propeller pitch of the vessel at the
time of the grounding
rudder position at the time of the grounding
any alterations in course and/or speed immediately before the
grounding and the exact time of such alteration
any communications including orders given to the engine room
any communications exchanged between the vessel and shore
radio stations or traffic control centres
if under pilotage, any communications between the pilot and the
vessels command including helmsman prior to the grounding
if under pilotage, any communications between the pilot and tugs
or shore radio stations or traffic control centres
any compass and/or radar bearings and distances to shore taken
and recorded prior to the grounding
any helm or engine manoeuvres before and after the grounding
and the times of such manoeuvres
prevailing weather conditions at the time of the grounding
(keepany weather records)
prevailing tide and current at the time of the grounding
draught of the vessel at the time of the grounding
depth of water around the vessel
267
D. Documents to be retained
Deck logbook
bridge bell book or scrap log
engine logbook
engine bell book or scrap log
manoeuvre/course recorder printouts
chart used (paper or electronic) do not tamper with or erase any
marks/data
echo sounder trace printouts
deviation log
weather reports and logs
STCW records of working and rest hours of the Master, officers
and crew on duty.
Copies of the above together with copies of other trading
documents will be taken by the lawyer or correspondent instructed
on behalf of the Company, the Hull and Machinery and/or the
P&I insurers.
3.9.2
General average
A general average may primarily concern the Hull and Machinery
and cargo insurers. However, in the end it may also involve the P&I
cover. The Company, the Hull and Machinery insurer and the P&I
insurer should therefore be contacted.
3.9.2.1
General
If general average has been declared, the Master should keep
a detailed chronological record of all actions taken, sacrifices
and/or expenditures made and any support received from third
parties, such as salvors, including details of any discussions or
agreementsreached.
268
3.9.2.2
Action to be taken
If the Master has been advised that general average has been
declared, he/she should immediately
contact the Company, the Hull and Machinery and/or
P&Iinsurers
contact the local correspondents for assistance.
3.9.2.3
Evidence to be collected
In most cases, a general average surveyor will be appointed by the
average adjuster to keep an accurate record of all the actions taken
together with any expenditure. Until a general average surveyor
arrives on the scene the following information should be collected
date and vessels time, local and UTC (Co-ordinated
UniversalTime)
vessels position/location
condition of the vessel aground, damaged
precise amount of bunkers, other fuels and combustibles on
board (sounding of tanks is required)
names, ranks and actions of crew members involved in the
general average
detailed, chronological description of actions and measures taken
details of any pollution caused by the incident, please see section
3.12 Pollution
details of any personal injury, please see section 3.11 Personal
injury, crew illness and death
records of any discussions or conversations.
3.9.3
3.9.3.1
Salvage
General
As the salvage costs are mainly the concern of the Hull and
Machinery and cargo insurers, the Master should immediately
contact the Company and the Hull and Machinery insurer enabling
them to decide what actions to take.
269
3.9.3.2
Reporting
When salvage becomes necessary the Master must
immediatelyinform
the Company
the Hull and Machinery insurer
the P&I insurer
the local correspondent.
He/she should provide the following information
short description of the incident
date and vessels time of the incident
position/location of the incident
extent of damage sustained by the vessel
name, IMO number and extent of damage sustained by the other
vessel if involved or extent of damage to FFO if involved
prevailing weather, current and tidal conditions at the time of the
incident (keep any weather records)
any fatality or personal injury on board the vessel, please see
section 3.11 Personal injury
any pollution caused by the incident, please see section
3.12Pollution.
3.9.3.3
270
Action to be taken
Reference should be made to the Emergency Contingency Plan.
3.9.3.4
Evidence to be collected
A. General information
Date and exact time recorded on the bridge and in the engine
room of the incident resulting in the salvage, vessels local time
and UTC (Co-ordinated Universal Time)
position/location of the incident
courses (chart course, steered course, gyro and magnetic
compass) at the time of or prior to the incident
speed, propeller revolutions or propeller pitch of the vessel at the
time of or prior to the incident
rudder position at the time of or prior to the incident
any alteration of course and/or speed immediately before the
incident, including the exact time of the alteration
any communications including orders given to the engine room
(if applicable)
any communications exchanged between the vessel and shore
radio stations, traffic control centres or other vessels
if under pilotage, any communications between the pilot and the
vessels command including the helmsman prior to the incident
if under pilotage, any communications between the pilot and
tugs, shore radio stations, traffic control centres or other vessels
prior to the incident
any compass and/or radar bearings and distances to shore taken
and recorded prior to the incident
any helm or engine manoeuvres before and after the incident and
the times of such manoeuvres
prevailing weather conditions at the time of the incident (keep
any weather records)
prevailing tide and current at the time of the incident
draught of the vessel at the time of the incident
records of soundings taken prior to and after the incident
soundings of all tanks (fuel and water)
assessment of damage sustained by the vessel.
271
272
D. Documents to be retained
Chart used (paper or electronic) do not tamper with or erase
any marks/data
deck logbook
bridge bell book or scrap log
engine logbook
engine bell book or scrap log
manoeuvre/course recorder printouts
echo sounder trace
deviation log
weather reports and logs.
273
3.10
3.10.1
Actions to be taken
There should be a procedure under the vessels SMS dealing with
actions to be taken when somebody has fallen overboard or is
reported missing. Reference should also be made to the vessels
Emergency Contingency Plan.
274
275
3.11
3.11.1
3.11.1.1
Personal injury
General
Personal injury is the most serious kind of incident as it affects
people. Whilst structural damage can generally be repaired, injury
to a person cannot always be compensated by money. To minimise
the consequences of personal injury claims the following actions
should be taken and evidence collected.
3.11.1.2
Action to be taken
A. Emergency Contingency Plan
The vessels Emergency Contingency Plan or the procedures under
the vessels SMS should be referred to immediately.
B. Further actions to be taken
Ensure that the best qualified and most experienced person on
board provides medical care to the injured person
if there is risk of internal injury, do not move the injured person
until an experienced medical person is present
seek medical advice over the vessels radio and through other
means of communication
the Master should consider deviating for medical assistance if
close to the coast
if in port or at anchor, call an ambulance and/or the local
correspondent
consider landing the injured person ashore
the Company, the P&I insurer and local correspondent must be
informed if the Master decides to deviate
all radio messages exchanged should be recorded.
276
3.11.1.3
Evidence to be collected
Leave the area untouched until photographs and video have been
taken as evidence
mark the photographs and videos with the date and time they
were taken
if no cameras are available, make drawings and sketches
depicting the location and position in which the person
was found, together with any other matters which may be
ofimportance
recordings of all radio messages exchanged.
Further evidence includes
name, gender and duties of the injured person
date and exact vessels time when the accident occurred, local and
UTC (Co-ordinated Universal Time)
position/location of the vessel
prevailing weather conditions (keep any weather records)
any sudden movements of the vessel
light conditions at the time of the accident, e.g. daylight,
darkness, artificial light
exact location on the vessel where the accident occurred
conditions of the surrounding area, e.g. dry, wet, slippery, icy
work or activity the injured person was engaged in
time the work or activity was commenced by the injured
STCW records of working and rest hours of injured
277
Stevedore injury
The following additional steps should be taken when a stevedore
suffers an injury whilst working on the vessel.
3.11.2.1
Action to be taken
The local correspondent must be informed immediately
the local authority and emergency services must be
calledimmediately
the foreman or stevedores employer must be
informedimmediately.
3.11.2.2
278
Passenger injury
Actions to be taken
After consulting the Company or the P&I insurer and obtaining
instructions, the tour operator (if relevant) should be informed.
3.11.3.2
279
3.11.4
Illness
In the event of illness, a claim could follow for negligence by the
person having fallen ill, irrespective of whether a crew member or
passenger is involved. The following actions should, therefore, be
taken and evidence collected.
3.11.4.1
Actions to be taken
Ensure that the best qualified and most experienced person on
board provides medical care to the sick individual
seek medical advice over the vessels radio and through other
means of communication
the Master should consider deviating for medical assistance if
close to the coast
if in port or at anchor, call an ambulance and/or the
localcorrespondents
consider landing the sick person ashore
the Company, the P&I insurer and the correspondent must be
informed if the Master decides to deviate
all radio messages exchanged should be recorded
if a sick crew member is landed ashore and has to be left behind,
record and pack all personal effects of the crew member,
preferably in the presence of two officers, and deliver them to the
agent for forwarding to the hospital, together with a copy of the
inventory list
request the local correspondents to inform the sick persons
localconsulate
consider compliance with relevant manning regulations and a
possible need for substitution of the crew member.
3.11.4.2
Evidence to be collected
In addition to regulations requiring entries to be made in the
vessels medical log when somebody falls ill, including details of
the medication provided, the following further evidence should
becollected
name, gender and duties of the person having fallen ill
280
date and exact vessels time when the illness was first reported
and by whom
position/location of the vessel
prevailing weather conditions (keep any weather records)
any sudden movements of the vessel
work or activity the person was engaged in prior to falling ill
time the work or activity was commenced by the person falling ill
was the work authorised under the permit-to-work system
names, ranks, duties and other details of any witnesses
details of the hospital or doctor who treated the sick
personashore
information about the general physical condition of the
sickperson
medical treatment given prior to and after the person fell ill and
by whom
indications of fatigue, intoxication or drug abuse
record of the working hours of the person before falling ill.
3.11.5 Death
If a person dies on a vessel there is not normally a doctor on board
able to immediately examine the deceased and determine the
probable cause of death. Should the circumstances indicate death
by accident or other unnatural causes, a post-mortem examination
will almost certainly be required once the body is landed ashore
and investigations will be carried out by the local/national
policeauthorities.
3.11.5.1
Actions to be taken
A. Emergency Contingency Plan
In all instances of death on board, the Master should make
immediate reference to the vessels Emergency Contingency Plan.
281
282
3.11.5.2
Evidence to be collected
Take photographs and video of the place where the deceased
wasfound
mark photographs and video with the time and date
if no cameras are available, make drawings and sketches
depicting the location/position in which the deceased was found
as well as other matters of importance
evidence such as wires, shackles and tools which may have caused
the death should be collected as evidence, marked, labelled and
retained in a safe place. These items should not be tampered with
or disposed of.
Further evidence includes
name, gender and duties of the deceased
date and exact vessels time the death occurred
position/location of the vessel
prevailing weather conditions (keep any weather records)
any sudden movements of the vessel
light conditions, e.g. daylight, darkness, artificial light
exact location where the deceased was found
conditions of surrounding area, e.g. dry, wet, slippery, icy
work or activity the deceased was engaged in
time the work or activity was commenced by the deceased
STCW records of working and rest hours of the deceased if a
crew member
was the work authorised under the permit-to-work system
was protective gear worn at the time of death
names, ranks, duties and other details of any witnesses
details must be recorded of the hospital or doctor who attended
the deceased ashore
information about the general physical condition of the deceased
medical treatment given to the deceased before death and
bywhom
indications of fatigue
record of the working hours of the deceased before death
283
284
3.12 Pollution
3.12
Pollution
3.12.1
3.12.1.1
General
Insurance cover
The cover provided by P&I insurers is involved when pollution
occurs. The Company, P&I insurer or their correspondents must
therefore be contacted immediately.
If the pollution is caused by the escape of oil from the other vessel
following a collision, the cover provided by the Hull and Machinery
insurers other than on UK standard insurance conditions may
be involved please see also section 1.8 Difference between P&I
insurance and Hull and Machinery insurance. If this is the case,
the Hull and Machinery insurers or their correspondents must also
becontacted.
3.12.1.2
3.12.1.3
285
3.12 Pollution
Pollution by oil
In most instances pollution by oil or oily substances causes
considerable harm to animals and plants as well as damage to third
party property. The initial damage may be caused by the pollutant
itself. Clean-up operations may in some instances add to the
damage and some affected property cannot be cleaned or repaired
and must be replaced.
Depending on the amount of oil spilled and the extent of the
pollution, the chemicals used by the authorities for dispersing the
oil may increase the extent of the damage. In any case, measures
to restrict the pollution and the subsequent clean-up should be
left to the national authorities or the contractors engaged by
the Company or its representatives, as the case may be in some
countries, e.g. USA. These contractors have the experience to deal
with pollution as well as the necessary equipment and manpower.
However, this does not prevent the P&I insurer or the Company
from becoming involved in monitoring the clean-up, which will
normally be undertaken by experts appointed by the P&I insurer or
the correspondents for and on behalf of the Company.
286
3.12 Pollution
3.12.3
3.12.4
3.12.5
287
3.12 Pollution
3.12.6
3.12.6.1
Pollution in US waters
Immediate notification and contacts
Should pollution occur in US waters irrespective of the type of
vessel involved the Master should be familiar with the Vessel
Response Plan, which will contain the contact information for the
individuals and authorities which must be notified immediately
Qualified Individual (appointed under OPA90 legislation)
US Coast Guard National Response Centre
Telephone +1 800 424 8802 or +1 202 267 2675, or
US Coast Guard Marine Safety Office closest to the spill
vessels local agent
the Company
local correspondents whose number can be found in the Gard
List of Correspondents.
Delayed notification or failure to give notice can have serious
financial consequences including the imposition of large fines on
both individuals and the Company.
3.12.6.2
Criminal investigations
If the authorities decide to conduct a criminal investigation, the
Master and the officers and/or engineers involved may have the
right to remain silent and the right to seek advice from lawyers
before responding to any questions from the authorities. However,
the Master should make it clear to the authorities that he/she will
co-operate fully with their investigations, but requires a lawyer to
be in attendance during any enquiries or interviews.
The Master should not direct the crew to lie, destroy, tamper
with or hide evidence.
288
3.12 Pollution
Vessels plans
If the spill was caused by damage to the vessels structure, all
relevant blueprints of the vessels structure should be readily
available. The Master should ensure that an officer from the vessel
is assigned to the task of providing assistance when necessary in
interpreting the blueprints.
289
3.12 Pollution
290
3.12 Pollution
291
3.13Refugees
3.13 Refugees
If refugees have been picked up, the cover provided by the P&I
insurer will be involved. The Company, the P&I insurer or their
local correspondent should therefore be contacted.
Any guidance provided below should by no means be in conflict
with any regulatory requirement related to the ISPS Code.
3.13.1
General
If refugees are picked up at sea, the Master should bear in mind that
they may have been at sea for several weeks and may be suffering
from exposure, hunger, dehydration, seasickness and fatigue. The
UNHCR Guidelines for the Disembarkation of Refugees provide a
scheme for the reimbursement of certain costs involving in landing
refugees. This scheme may not cover a deviation for the purposes of
landing the refugees. Therefore, the Master must consult the Company
provided time allows, if he/she is considering deviating the vessel.
3.13.2
Action to be taken
The Master should refer to the procedure in the Emergency
Contingency Plan and the vessels SSP when encountering refugees
at sea. When refugees are taken on board the vessel the following
action should be taken
report to the Company and the P&I insurer that refugees are on
board so that the Company Security Officer (CSO) can inform
the appropriate authorities such as the Port Facility Security
Officer (PFSO), at the next port of call
once a decision has been made to land the refugees, inform the
Companys agent and the correspondent in the landing port
prepare accommodation on board for the refugees, including
blankets and beds
prepare provisions for the refugees
seek medical advice from ashore if necessary.
292
3.13Refugees
3.13.3
Information to be provided
The following information should be provided to the Company and
the P&I insurers
date and vessels time, UTC (Co-ordinated Universal Time) and
position when the refugees were encountered
date, vessels time, UTC (Co-ordinated Universal Time) and
position when the refugees were taken on board
ETA of the next scheduled port of call
ETA of the next port of call if a deviation is undertaken to land
the refugees
number of refugees on board and their personal details
the medical condition of the refugees and whether medical
assistance is required. If immediate medical assistance is required,
the Master should refer to section 3.11 Personal injury, crew
illness and death.
293
3.14 Stevedore damage damage to the own vessel caused by third parties
3.14
Stevedore damage damage to the own vessel caused
by third parties
3.14.1
General
Damage to the own vessel may be caused by
stevedores during cargo operations
shore terminal operators with cranes
contractors during works
truck drivers on ro-ro vessels, or
any other person being on or next to the vessel, such as
supercargo, agents, visitors etc.
3.14.2 Reporting
As it is not certain whether any such damage can be fully recovered
from the third party having caused and being responsible for the
damage, the cover provided by the Hull and Machinery insurance
may be involved. Therefore, the Company and the Hull and
Machinery insurer must be contacted.
As in the case of any other damage it is important to collect the
necessary evidence as soon and as complete as possible in order
for the Company to be able to pursue the claim. Accordingly, as
soon as an incident occurs the Hull and Machinery insurer and the
correspondent should be advised. The following information should
be provided
short factual description of the incident
date and vessels time of the incident
position/location of the incident
extent of damage sustained by the vessel
prevailing weather conditions at the time of the incident (keep
any weather records)
any fatality or personal injury, please see section 3.11
Personalinjury
any pollution, please see section 3.12 Pollution.
294
3.14 Stevedore damage damage to the own vessel caused by third parties
3.14.3
Actions to be taken
Make immediate reference to the vessels Emergency Contingency
Plan (if this particular type of damage is described in the plan)
notify the responsible person within the stevedores company
inform the relevant local authority or ashore
inform the Company and correspondent to arrange a survey.
295
3.15 Stowaways
3.15
Stowaways
When stowaways are discovered on board, the cover provided by
the P&I insurers is involved. Contact should therefore be made with
the Company, the P&I insurer or their local correspondent.
Any guidance provided below should by no means be in conflict
with any regulatory requirement related to the ISPS Code.
When stowaways are discovered on board the vessel, the Master
should refer to the procedure contained in the Emergency
Contingency Plan under the vessels SMS.
3.15.1
296
Actions to be taken
The discovered stowaway should be placed in a locked cabin. The
stowaway should not be allowed to roam freely about the vessel
if more than one stowaway is found, they should if possible
be accommodated separately
the place where the stowaway was found should be searched for
further stowaways and any documents left behind
the place the stowaway was found should be photographed or
video taken
the place the stowaway was found must be thoroughly searched
for drugs, as stowaways can be used as drug couriers. If drugs
are found, the place should be left untouched and sealed off.
Photographs and/or video should be taken of the location where
the drugs were found
the stowaway should be searched for identity papers. These
documents, if found, must be confiscated as stowaways often try
to hide their identity or destroy their identity papers
the stowaway should be thoroughly searched for drugs. If drugs
are found on the stowaway, take photographs and/or video and
make a note of the circumstances in which the drugs were found
the stowaway should be questioned in detail as to when and
where the boarding took place
3.15 Stowaways
297
3.15 Stowaways
298
3.16 Structural failure loss of propulsion and/or steerage call for assistance
3.16
3.16.1
General
Whilst any damages to a vessel caused by structural failures can
be of a wide variety, only general advice can be provided here.
The same applies for a sudden loss of propulsion or any steerage
problems. All these problems may involve immediately calling for
assistance or even to, in the end, abandoning ship.
3.16.2
3.16.3 Reporting
Structural failures and a subsequent call at a port of refuge may
involve the P&I insurers as well as the Hull and Machinery
insurers. The Master should therefore immediately contact the
Company, the P&I insurer and the Hull and Machinery insurer.
Such a first report should contain
short description of the incident
date, vessels time and UTC (Co-ordinated Universal Time) of
theincident
position/location of the incident
extent of damage sustained by the vessel
status of watertight integrity
status of cargo (e.g. loss over board, shifted or similar)
prevailing weather, current and tidal conditions at the time of the
incident (keep any weather records)
any fatality or personal injury on vessel, please see section 3.11
Personal injury
any pollution caused by the incident, please see section
3.12Pollution.
299
3.16 Structural failure loss of propulsion and/or steerage call for assistance
300
3.16 Structural failure loss of propulsion and/or steerage call for assistance
3.16.4.2
3.16.4.3
Persons involved
Name, rank, duties, whereabouts and contact details of
all persons attending the bridge prior to or at the time of
theincident
any other lookouts not on the bridge
any other eye witnesses to the incident
engine room personnel prior to or at the time of the incident
any pilots attending the vessel prior to or at the time of the
incident, times of embarkation/disembarkation
any other persons involved
other traffic/vessels in the vicinity.
301
3.16 Structural failure loss of propulsion and/or steerage call for assistance
3.16.4.4
Documents to be retained
Chart used (paper or electronic) do not tamper with or erase
any marks/data
deck logbook
bridge bell book or scrap log
engine logbook
engine bell book or scrap log
manoeuvre/course recorder printouts
echo sounder trace
deviation log
weather reports and logs.
If any pollution has occurred due to the structural failure, please
refer to section 3.12 Pollution.
302
Actions to be taken
If a claim is lodged by a tug or towage company, or if there is
contact with a tug or any other incident which may give rise to
a claim, both the P&I and Hull and Machinery covers may be
involved. The Master should therefore inform the Company and the
correspondent in order for them to instruct a surveyor in order to
assess the nature and extent of the damage.
303
304
3.18
3.18.1
General advice
Attacks may range from piracy attacks to theft of cargo to pilferage,
each requiring a different response. The Company should ensure
that issues related to violent acts, piracy, robbery and other similar
incidents are covered within the Company Security Plan and the
vessels Ship Security Plan (SSP) under the ISPS Code. The SSP,
which will provide further guidance on how to respond, should be
referred to in the event of this type of incident.
3.18.3 Reporting
3.18.3.1 General
In any such instances the Master should, in accordance with the
vessels SSP, immediately inform the Company, the P&I insurer and
local correspondent and request assistance. If the vessel is in port
or at anchor, the Master should also inform the competent local
authority such as the Port Facility Security Officer (PFSO) and call
for help.
305
3.18.3.2
3.18.3.3
3.18.3.4
306
307
Part 4 Annexes
Annex 1
Certificates and documents required
to be carried on board ships
Annex 2 List of abbreviations
Annex 3 Communications while loading
and discharging
Annex 4
Hold harmless visitor agreement
Annex 5
Pilot Card
Annex 6
Ship to shore master/pilot exchange (MPX)
Annex 7
Shore to ship master/pilot exchange (MPX)
Annex 8
Stowaways questionnaire
Annex 9
Piracy and maritime violence incidence report
10
11
GSM
Hagues Rules 1924
HSC Code
H&M
IBC Code
ICS
ID Card
IGC Code
ILO
IMB
IMDG
IMO
IMPA
IOPP
ISF
ISGOTT
ISM
ISO
ISPS
ITC
LCD
LL
LOF
LOU
LP
MARPOL 73/78
MEPC
MDO
MPX
MPX
MRCC
MSC
NIOP
NLS
NYPE
OBQ
OCIMF
OOW
OPA 90
ORB
PCS
PPE
Ppm
PRC
PSSA
PSSO
P&I
Res.
SBP
SCOPIC 2000
sec.
SMC
SMS
SOLAS
SOPEP
SSTP
SSO
SSP
STCW
STCW 95
STP
SWL
TFT
TML
UCS
UMS
UNHCR
US
UTC
VDR
VHF
VMS
VRP
VTSS
Communication objective
The objective of good ship-terminal communications is a steady flow of
exchange which focuses the operators on the status of the ship and the
next event likely to occur.
Communication difficulties Phrase sheet
When there are language difficulties between the terminal and the ship,
the cargo watch officer on the ship must be provided with a phrase
sheet of the terms and orders to be used in the shores language and
corresponding translations in his own language. This arrangement is a
poor substitute for adequate language fluency between shore and ship and
it should only be used as a last resort. A crew member should be stationed
at the ships manifold to watch the shore operator. He should confirm the
operators actions in response to request by the ships cargo officer.
Chief Officers loading orders
Following the pre-loading conference, the chief officer may amend his
loading plan, will prepare supplementary loading/night orders and
complete any directions necessary to ensure full control of the start of the
loading operations.
Communication contents
The ship should communicate at least the following to the terminal
When all fast to the pier
When customs formalities are complete
When loading hoses have been connected
When ballast discharge is completed
When tank inspection is complete
Acknowledgement of all communications received from the terminal
When the ship is ready to receive cargo
When cargo has started entering the tanks
When loading rate may be increased to full rate
When the watch is changed in the CCR and on deck
Any problems with mooring lines, cargo hoses or the shore gangway
Standby to reduce rate for topping off
Order to reduce the cargo loading rate for topping off
Advice that topping off tanks has begun
Advice when topping off is complete and rate can be increased
Hourly advice of the loading pressure and temperature at the ships
manifold and rate at which cargo is being received
Advice to standby on receiving a fire detection, gas detection, or other
significant alarm; followed by advice to ship down if a fire is found, or
to continue loading if the alarm is false
Advice of setting or changing the sailing time of the vessel
Advice and time that pilots and tugs have been ordered
Standby to finish loading a grade (or cargo)
Instruction to stop pumping a grade (or cargo)
Advice that the ship is ready for gauging and sampling
Advice that ship is ready to drain and disconnect hoses
Time that hoses are disconnected
Time that all crew members are on board
Time that vessel will begin testing radars and main engine for departure
Time that gauging/sampling is complete
Time that cargo documentation is complete.
complete any directions necessary to ensure full control of the start of the
loading operations.
Communication contents
The shore terminal should provide to the ship the following
Advice of when they will be ready to connect hoses
Advice when they are ready to load cargo (grade)
Advice that cargo (grade) has been started on hose/manifold No.
Acknowledgement of all communications received from the ship
Advice regarding the condition of the moorings and/or gangway
Hourly readings of the loading rate, total quantity delivered to
ship and ships draft readings forward and aft (if they can be
convenientlyobserved)
Advice if cargo loading is stopped for any reason
Advice of a fire in the terminal
Advice of any communications or parcels received for delivery to
theship
Weather advice received
Notice of returning crew members who may appear to be intoxicated.
3.3 Ship-to-terminal communications while discharging
Communications procedure
Each communication between the ship and the shore terminal must begin
with the identification of the station being called and the identity of the
calling station, just as if it were a marine traffic call on bridge-to-bridge
VHF. Consistent application of this radio discipline will ensure that there
is no confusion between ships and different berths in the same terminal or
same portarea.
Communication objective
The objective of good ship-terminal communications is a steady flow of
exchange which focuses the operators on the status of the ship and the
next event likely to occur.
Communication objective
The objective of good terminal-ship communications is a steady flow of
exchange which focuses the operators on the status of the ship and the
next event likely to occur.
Communication difficulties Phrase sheet
When there are language difficulties between the terminal and the ship,
the cargo watch officer on the ship must be provided with a phrase
sheet of the terms and orders to be used in the shores language and
corresponding translations in his own language. This arrangement is a
poor substitute for adequate language fluency between shore and ship and
it should only be used as a last resort. Acrew member should be stationed
at the ships manifold to watch the shore operator. He should confirm the
operators actions in response to request by the ships cargoofficer.
Communication amount
The amount of communication from the shore will be provided if the
chief officer makes clear during the pre-transfer conference that it is
both expected and essential and if during the transfer operation the ship
provides acorresponding amount of information as indicated below.
Communication contents
The shore terminal should provide to the ship the following
Advice of when they will be ready to connect hoses
Advice when the shore valve is open and they are ready to receive
cargo(grade)
Advice that cargo (grade) is being received on hose/manifold No
Acknowledgement of all communications received from the ship
Advice regarding the condition of the moorings and/or gangway
Hourly readings of the transfer rate, total quantity delivered by
ship and ships draft readings forward and aft (if they can be
convenientlyobserved)
Advice if cargo transfer must be stopped for any reason
Advice of a fire in the terminal
Advice of any communications or parcels received for delivery to
thevessel
Weather advice received
Advice of the arrival of visitors, or of returning crew members who
appear to be intoxicated.
Important: Please read and sign this document in return for visiting the ship. You will not be allowed on board unless you sign and agree to
these terms. Please note that in signing it you will be bound by its terms which you should note provide a hold harmless to the ship, master, crew
and owners in respect of your visit on board the ship. If you do not understand English then you must ask for a translation or to have the terms
explained to you.
Definitions: In this agreement the term Ship means _____________________________________________________ [name of ship],
and Owners includes the Shipowners, Disponent Owners, Managers, Charterers, Agents, Master, Mariner or other Servants of the Ship.
The term Visitor includes the person signing this visitor agreement, any and all person(s), including minor children, accompanying the person so
signing, and, insofar as concerns disputes in relation to loss of life, any and all dependants and/or legal representatives of the deceased.
To the Master of the _________________________________________________________________________________ [name of ship]
In consideration of allowing the Visitor _________________________________________________________________ [name of visitor in capital letters]
to board the vessel at_________________________________________________________________________________ [port and/or date of boarding]
and/or to follow the Ship from_________________________________________________________________________ [port and/or date of embarkation]
to _________________________________________________________________________________________________ [port and/or date of disembarkation]
the following conditions are hereby irrevocably and unconditionally accepted:
1 This agreement is in every respect, including questions of Owners liability, governed exclusively by ________________________ [applicable law] law.
Any dispute arising out of this agreement is to be decided exclusively by the ________________________________ [country of jurisdiction] Courts to the
exclusion of the courts or tribunals of any other jurisdiction. Should for any reason proceedings in relation to this agreement and/or to the passage
agreed herein be instituted elsewhere, whether in rem or in personam, then such proceedings shall be stayed pending a final and unappealable
Call sign
Displacement
Gross tons
Year built
Length OA
Breadth
Max. draught
Air draught
Port anchor
Stb anchor
Engine
Type
kW
kts
kts
kts
kts
(% of full ahead power)
(sec.)
HP
kts
kts
kts
kts
STEERING
Rudders
Number
Propellers
Number
Thrusters
Number
Bow power
Type
Stb
kW / HP
Max angle
No
kW / HP
Steering idiosyncrasies
ARPA
ARPA
Speed log
Water / Ground
Type available
Compass system
Steering gear
Date
Masters signature
Pilots signature
Ships name
A2
Call sign
A3
Flag
A4
Ships agent
A5
Year built
A6
Type of ship
A7
IMO no.
A8
Cargo type
A9
Last port
B2
Telex no.
Fax no.
B3
Other
C/LT
D SHIP PARTICULARS
Salt water draft
D1
Forward
D2
Aft
D3
Midships
D4
Aft draft
D5
Length OA
D6
Beam
D7
Displacement
D8
Deadweight
D9
Gross tonnage
E ANCHORS
Shackles or metres of cable available
E1
Starboard
E2
Port
F2
Half speed
F3
Slow speed
F4
F6
C/P
F9
Thrusters aft
Propeller details
F5
Right/left turning
F7
Number
F8
Thrusters fwd
yes / no
Turbine/motor/other
G2
G3
H EQUIPMENT DEFECTS
H1
H2
H3
I ANY NOTABLE CHARACTERISTICS, e.g. berthing restrictions, or manoeuvring peculiarities etc.
I1
I2
I3
Ships name
A2
Call sign
B2
VHF channel
B originating authority
B1
Name
B3
C2
C3
Embarkation side
C4
C5
UTC/LT
D2
D3
D4
D5
Number of tugs
D6
D7
E2
Current information
E3
F2
F3
F4
G2
G3
H2
H3
* During pilotage, particularly on long passages, circumstances may change which require an alteration from the
information provided.
This questionnaire consists of two pages. Both pages to be completed as accurately as possible once a stowaway is found.
For each stowaway use a separate questionnaire.
Vessel:
Owners:
Managers:
PERSONAL INFORMATION
01
Surname:
19
02
First names:
20
When issued:
03
Other name:
21
Where issued:
04
Date of birth:
22
Issued by:
05
Place of birth:
23
06
Nationality:
24
When issued:
07
Religion:
25
Where issued:
08
Tribe:
26
Issued by:
09
Chief:
10
Sub-Chief:
11
Passport no.:
12
When issued:
13
Where issued:
29
When landed:
14
Issued by:
30
Where landed:
15
ID card no.:
31
16
When issued:
17
Where issued:
18
Issued by:
Height (cm):
37
Colour of skin:
33
Weight (kg):
38
34
Complexion:
38.1
35
Colour of eyes:
38.2
36
Colour of hair:
38.3
MARITAL STATUS
39
Married:
42
Place of birth:
40
Name of spouse:
43
Address:
41
Date of birth:
CHILDREN
44
Name:
Date of birth:
Place of birth:
44.1
44.2
44.3
PARENTS
45
Surname of father:
50
Surname of mother:
46
51
47
52
48
Place of birth:
53
Place of birth:
49
Address:
54
Address:
SIBLINGS
55
Brothers: Name
Date of birth:
Place of birth:
Sisters: Name
Date of birth:
Place of birth:
Date of birth:
Place of birth:
55.1
55.2
55.3
55.4
55.5
56
56.1
56.2
56.2
56.3
56.4
56.5
OTHER RELATIVES
57
Name
57.1
57.2
57.3
57.4
57.5
PROFESSIONAL CAREER, EDUCATION
58
Profession/s:
62
59
Languages spoken:
62.1
60
Languages written:
62.2
61
Employer:
63
Headmaster:
64
Teachers:
61.1
61.2
OTHER INFORMATION
65
66
67
Remarks/history:
Interviewer:
This questionnaire is reproduced in amended form by kind permission of PANDI SERVICES J. & K. Brons GmbH, Bremen
DATE
Year
Day
Month
Time local
PLACE
Latitude & longitude
Nearest country(ies)
Last port of call
VICTIM VESSEL
Name
Flag
Vessel type
Owner
Operator/manager
Further information
RAIDING PARTY
Number
Appearance
Language
Weapons
Distinctive details
Craft used
Method of approach
Duration of attack
Aggressive/violent
PROPERTY STOLEN
The fullest possible details should be given, using over the page if necessary
Radio room
Engine room
Cargo spaces
Submitted by
Date
To
Reproduced with the kind permission of ICC IMB Piracy Reporting Centre, Kuala Lumpur, Malaysia
ANNEX 9 PIRACY AND MARITIME VIOLENCE INCIDENCE REPORT (I.C.C. International Maritime Bureau)