P&I Guidelines West of England

Practical Notes for Ships’ Personnel

as stated in the mate’s receipts and bills of lading (both the weight • Copies of any Notes of Protest made, delivered and/or

The Importance Bills of Lading Cargo Stevedore

Print outs: Authorising agents to sign bills of lading Loading and discharging records
Echo sounders, course recorder, GPS, Navtex, weather fax, EGC
messages, engine telegraph data logger, all dated and timed. Surveyors, and the number of packages or units) corresponds with the
vessel’s own figures as determined by tally sheets, boat notes,
If the charter party allows the agents to sign the bills of lading on
the master’s behalf, the master should instruct the agents in
received.
• Relevant communication records (e.g. owners, charterers,
• Stowage plan and stability calculations.
• Details of compliance with statutory requirements (e.g.

of Evidence Experts and Damage

draught surveys, ullage calculations and similar records. In the writing to sign the bills in accordance with the information stated shippers, agents, stevedores). IMSBC Code, IMDG Code).
A bill of lading is one of the most important documents in the event of a difference between the vessel’s figures and the figures on the mate’s receipts. A copy of this instruction should be • Details of any cargo samples retained on board and/or sent
Official reports: Evidence of condition, loss and damage • Cargo manifest.
shipping industry because it is not only a receipt for cargo shipped shown on the mate’s receipts and bills of lading, the Company ashore.

Lawyers
retained on board. A standard instruction wording is available from The vessel is obliged to take good care of the cargo, and to • In the case of dry bulk cargoes, photographs showing the
Company, SMS and legally required reports of accidents and should be informed immediately. Pending the Company’s reply, the
or received for shipment on a vessel, but also because it is often the Club on request. do everything possible to ensure that it is delivered in the same • Details of any failed or broken lashings, lifting appliances or
Accidents or incidents on board or involving a vessel or its officers incidents. results of any “can” tests carried out.
evidence of a contract of carriage between the Company and the documents should not be signed or authorised to be signed. condition as received. This means that the vessel may be held gear, sea fastenings, securing devices, dunnaging If stevedores cause damage to the vessel, prompt
and crew may often lead to claims being made against the vessel owner of the cargo. Most importantly, it is usually the document • Preliminary cargo work schedule and ballasting/deballasting
In certain cases it may be possible to clause the mate’s receipts and responsible for damage or losses if the cargo was not loaded, arrangements or grillage retained on board and/or sent action should be taken to ensure that the damage is
or the Company. The successful handling of claims depends on Letters of indemnity plan.
Notes of Protest /Letters of Protest:
Following notification of an incident which may give proving who owns the cargo. bills of lading with the words “said to be …….., weight and quantity stowed and discharged in a satisfactory manner, if cargo ashore. properly recorded and notified, and that those
evidence about the accident or incident. Collecting and preserving The value of these vary world-wide, but it is always better to note The master may sometimes be asked to sign or authorise the operations were not properly controlled or if the cargo received • Working periods of each cargo space (including hatch
rise to a claim, the Club or local Club correspondent The following details summarise the key points masters and unknown” or “said to weigh ……., weight and quantity unknown”, Additional evidence may be required depending on the type of responsible arrange and/or pay for repairs. Many
that evidence is an important responsibility for the vessel’s officers protest than not, reserving the right to extend or note further protest. particularly in the case of bulk cargoes. However, this should not be signing of mate’s receipts or bills of lading which state that the insufficient care during the voyage. It is essential that all opening/closing times, pumping rates, ullage figures as
may instruct an independent surveyor, expert or officers must bear in mind when being asked to issue or sign mate’s vessel and how the cargo was damaged or lost. The following charter parties, particularly time charter parties, state
and crew. Notes of Protest may need to be notarised in some jurisdictions and cargo is in apparent good order and condition when this is clearly operations regarding the handling, securing and monitoring of applicable).
lawyer to speak to the officers and crew and attend receipts and bills of lading, or when authorising a third party to issue done without obtaining approval from the Company first. list is not exhaustive but may be used as a general guide. Much
not the case, or show an incorrect quantity shipped or received • Weather experienced, including all stoppages and hatch that the charterers and stevedores must be notified
The checklists appearing in this summary highlight what evidence the Club correspondent will be able to advise the Master on local bills of lading on the vessel’s behalf. It also covers situations where a the cargo are documented in full, bearing in mind that it may of the information is likely to be in the form of log book entries,
the vessel to investigate. of the occurrence or discovery of stevedore damage
will need to be collected and kept in various situations. As far as requirements should this be the case. If a Letter of Protest is received request is made to deliver cargo without production of a bill of lading for shipment, or have been dated incorrectly. In return for doing be impossible to defend claims if the appropriate records closures due to precipitation.
Other parties, particularly potential claimants against and copies of the relevant pages should be submitted. There
practicable, the evidence listed should be gathered and, in the first which requires acknowledgement, the wording “received without
Description of the cargo so the master may be offered a letter of indemnity. Such cannot be produced. Since claimants frequently try to hold the • Precautions taken against precipitation (e.g. radar watch for within 24 hours. If this condition is not fulfilled, the
or to carry a bill of lading on board the vessel. may also be a local requirement for copies of the relevant log
instance, submitted to the Company’s office or the Club in prejudice and without admission of liability” or “received without the Company, the vessel and/or the officers and crew The cargo should correspond with the description given in the indemnities are almost always worthless and accepting them may vessel liable for cargo damage or losses which actually approaching rain, measures to expedite the prompt closing Company may have to bear the cost of repairs.
book entries to be authenticated by the port authorities. The
accordance with Company instructions. Since some claims may prejudice and for receipt only” should be used. may attempt to do the same. To avoid sensitive mate’s receipts and bills of lading. If there is any doubt, the mean that the master is party to a fraud. If a letter of indemnity is occurred ashore, the significance of keeping accurate records of hatchcovers).
local correspondent or the Club should be asked whether or If the vessel is damaged by stevedores, the master
take years to resolve, it is possible that additional evidence may be information about an incident falling into the wrong Contents of the bill of lading documents should not be signed or authorised to be signed and offered it should not be accepted and the Company should be is clear. • Details of ballasting operations including start/stop times of
not such authentication is necessary. should:
required later on. In the intervening period there may be considerable hands, the following safeguards should be observed: In order to protect the Company’s interests as well as their own, the Company should be contacted immediately. contacted immediately. Similarly, claimants often allege that the vessel was defective. each tank.
Witnesses:
the master or chief officer should check that both the mate’s • Inform the stevedores at once both orally and in
changes to shipboard personnel, many of whom will be unfamiliar • Always check the identity of everyone boarding the Although assertions that the vessel was not “seaworthy” or • Details of safety precautions observed, particularly in respect
Details, including how and where they can be contacted after leaving writing, and make an appropriate entry in the deck
with the case itself. Therefore it is essential that technical and vessel. receipts and the bills of lading are correctly drawn up before they “cargoworthy” may be groundless or exaggerated, it will be
Pre-loading records
of dangerous cargo.
the vessel, should be taken of every person who witnessed the Condition of the cargo Original bill of lading retained by the master log book.
operational records are carefully maintained and preserved. are signed. If a third party such as the agent or the charterer’s necessary to demonstrate that “due diligence” was exercised • Preparation of cargo spaces (e.g. hold cleaning, tank
accident or incident, including the persons involved or affected. • Find out the reasons why they wish to visit. Mate’s receipts and bills of ladings normally state that the cargo is It may sometimes be agreed between the Company and the • Lashing, securing and dunnaging work carried out by
representative has been authorised to sign the bills of lading in prior to departure in order to make the vessel seaworthy and washing, inerting, line flushing, gas-freeing, fumigation, reefer • Prepare a written report giving details of the
Examples of records which should be retained as a matter of routine Disciplinary action should not be taken against a witness without • Establish who appointed them, and whose shipped or received for shipment in “apparent good order and charterer or cargo owner that the master is to retain an original stevedores and/or crew.
accordance with the mate’s receipts, the master should pay cargoworthy. The importance of this obligation cannot be over- pre-cooling). damage, and holding the stevedores and charterers
are set out below. checking with the Company first, nor should any reward be provided interests they represent. condition”. These words mean that, in the opinion of the master, • Details of compliance with the requirements of the vessel’s
particularly close attention to ensuring that the information shown bill of lading on board against which the cargo may be delivered. emphasised. Shipboard personnel have a crucial role to play • Routine tests (e.g. bilge suction lines, water ingress
to a witness in return for their evidence without prior authorisation the external appearance of the cargo suggests that it is in good Cargo Securing Manual. responsible. As far as practicable the report should
• If the surveyor, correspondent, expert or lawyer was on mate’s receipts is accurate. In such cases the bills of lading need to reflect this arrangement. in ensuring that appropriate evidence exists demonstrating detectors, weathertightness of hatch covers, booby hatches
from the Company or Club. condition and undamaged. If the cargo does not appear to be in • Copies of certification for the Maximum Securing Load (MSL) include:
Log books: appointed by (or is working on behalf of) the Club: The master should contact the Company for advice about what that the vessel was fit for the voyage and suitable for the safe and vent closures, pressing-up of ballast tanks surrounding
good condition externally or seems to be damaged, the mate’s details should be recorded on the bills of lading before they are carriage of cargo. of lashings and weld Non-Destructive Testing (NDT). - date, time and port/location of incident.
Official, deck, engine, cargo work, cargo record, oil record, - give all possible assistance. the cargo spaces, pump function tests, smoke detection,
Date on the bill of lading and mate’s receipt receipts and bills of lading should not be signed or authorised to signed or authorised for signature. • Instructions and requirements received from cargo
movement (bell book), compass error, night order, radio, medical, Statements: Detailed technical and operational records form a vital part of refrigeration, fire extinguishing, inert gas, ventilation systems). - circumstances leading to the incident.
- provide all documents and information requested. Both documents should state that the cargo was either shipped be signed and the Company should be informed immediately. If
hours of work/rest, garbage record. These may be notes made at the time of the incident, or formal such evidence. These may include tests, checks, inspections, superintendents.
- allow statements to be taken. on board on a certain date or “received for shipment” on that date. the Company cannot be contacted, the master or chief officer • Equipment checks (e.g. hold lighting, ladders, lashing - details of the damage to the vessel.
statements taken down by, for example, the Club’s appointed lawyer. repairs and maintenance carried out to keep the vessel in good material, securing devices). • Copies of mate’s receipts and bills of lading including any
Always seek advice from the local Club correspondent first. - agree to the use of cameras. “Received for shipment” means that the vessel has effective should ensure an accurate description of the cargo’s external Non-production of original bill of lading - names and contact details of the person(s)
condition (e.g. hull, machinery and equipment, cargo spaces, clauses applied and, where applicable, details of the party
Rough/Scrap log books: control over the cargo. In both cases the date shown on the bill condition is recorded on both the mate’s receipts and the bills of Delivering the cargo without the production of an original bill of • Inspections by crew (e.g. hatch cover seals and securing causing the damage and witnesses.
Statements should never be made to third party claimants or - follow all advice given regarding the disclosure of cargo tanks, cargo gear), and information showing that the authorised to issue them.
These may be of particular importance in defending a claim and of lading must be the date when the cargo actually came on board lading. Describing the external condition of the cargo on the lading may expose the Company to expensive and uninsured arrangements, cargo space plating, frames, bulkheads
their representatives without obtaining permission from the information to others. vessel was manned, supplied and operated in accordance with • Copies of Notice of Readiness, Statement of Facts, stevedore - prevailing weather conditions at the time.
should always be retained. the vessel or came under the vessel’s control as the case may be. mate’s receipts alone is not sufficient. liability claims for misdelivery. If delivery is requested in such and tank tops, cargo space coatings, insulation, spar
Company first. regulatory requirements and standard industry practice. time sheets.
• If the surveyor, expert or lawyer is not acting on If the bills of lading or mate’s receipts show any other date, the circumstances, it should be refused and the Company should be ceilings). - sketches and photographs of the damage.
behalf of the Club, do not allow access until the In all cases where cargo is damaged or lost, the following • Copies of any draught surveys carried out.
Company should be contacted immediately for further advice. contacted immediately. • Joint inspections and inspections by third parties (e.g. • If the damage is severe enough to affect the
Technical records: Other terms in the bills of lading and mate’s receipts information may be required:
Electronic evidence: Company or local Club correspondent has given Incorrectly dated bills of lading or mate’s receipts may expose the charterers, United States Department of Agriculture (USDA), • Tally sheets, including details of any disagreements. vessel’s class or its ability to perform the remainder
Inspections, surveys, repairs and maintenance of hull, main engine, Every vessel should keep a digital camera or similar device readily approval. If approval is given: It is important to ensure that the bills of lading comply with the • Details of the cargo damaged or lost (e.g. commodity,
Company to liabilities up to the full value of the cargo and such Australian Quarantine Inspection Service (AQIS)). of the voyage safely, the report should ask for the
auxiliaries, deck machinery, cargo spaces, cargo gear, safety available and fully charged at all times. Any photos taken should be terms of the charter party, especially if they are to be issued in a Club correspondents volume, quantity, marks, serial numbers, shippers, receivers,
- try to arrange for a Club appointed expert to liabilities may not be insured. • Notes of any pre-loading damage to cargo and copies of any Deck cargo damage to be repaired immediately at the port or
equipment, coatings, planned maintenance records, class survey the highest resolution possible. Video recordings may also be helpful. particular format or if the charterer’s own standard form is to be The Club’s local correspondents will be familiar with problems load port, discharge port).
attend at the same time. pre-loading surveys carried out (see “Steel” at the end of this Cargo should not be carried on deck unless (a) the shippers place where the damage occurred, and to the
status reports. As well as taking photographs of damage and anything else of used. If there is any doubt, the mate’s receipts and bills of lading regarding the issuing of mate’s receipts and bills of lading. If the • Copies of the shipper’s cargo declaration, test certificates,
- ensure that an officer accompanies the opposing section). have expressly agreed in writing that the cargo will be carried satisfaction of the Company and its surveyors.
relevance, a camera may also be used to record evidence of good Weight and quantity of cargo should not be signed or authorised to be signed and the Company Company cannot be reached or if advice is required, the local MSDS records and any other cargo information provided by
representative throughout. correspondent may be contacted for assistance. the shippers/charterers. • Copies of any instructions received from shippers/charterers. on deck at their own risk and that the bill of lading will state
practice (e.g. properly stowed cargo, correctly rigged The master or chief officer should ensure that the quantity of cargo should be contacted immediately. • Ensure that the stevedores, charterers, agents and
Operational records: this, or (b) the bill of lading contains a “liberty clause” authorising
gangway/accommodation ladder) as such photographs may assist - warn all personnel not to discuss details of the • Description of how the damage or loss occurred (including Company receive a copy of the report within 24
Stability and stress calculations, draught surveys, stowage, the carriage of cargo on deck provided that (i) the cargo is
the Club in defending claims. If the vessel is fitted with Closed Circuit incident. stevedore damage reports if applicable). hours.
securings/lashings, ballasting, bunkering, soundings, cargo
Cargo monitoring records customarily carried there, (ii) the custom is known to all parties
Television (CCTV) cameras, footage which may assist in determining - restrict movements to places of legitimate interest. • A full and detailed account of any contributory factors (e.g. • Deck log book entries.
temperatures, ventilation, hold cleaning, cargo hold bilge pumping involved and (iii) the cargo is suitable for such carriage. If the If the damage is minor and does not affect the
the circumstances of the case should be retained and backed-up.
he West of England is a leading P&I Club. It provides insurance cover for shipowners’ and charterers’ poor packaging, pilferage, weather). If weather: master is concerned about a particular deck cargo, the

T
records, tank washing, passage plans, weather, safety meetings, - confine any photos to items or areas of direct • Rough log book entries. vessel’s class or its ability to perform the remainder
Equally, data from electronic key passes and (in the case of
voyage instructions, routing advice, messages, receipts for the passenger vessels) payment systems may prove to be useful in
relevance. legal liabilities to third parties. - times of heavy weather, severity and any unusual
conditions experienced.
• Bilge soundings, including records of pumping out. Company or local Club correspondent should be contacted for
advice.
of the voyage safely, an agreement may be reached
disposal of sludge ashore. - do not allow access to log books, documents or
determining the movement of crewmembers or passengers prior to
an incident and should be saved for later scrutiny. records unless advised to do so by the Company The Club exists solely for the benefit of its Members and provides protection and assistance to - details of any damage sustained by the vessel’s structure,
• Ballast soundings, including records of tanks filled or emptied
on passage.
with charterers to defer the repairs until later. In such
cases all outstanding repairs should be noted in the
Voyage Data Recorder & ECDIS information: or Club correspondent. safeguard their interests. This service is supported by a network of correspondents, lawyers and machinery or equipment.
• Bunker soundings, including transfer records.
Cargo damage surveys
off-hire survey report. The charterers should be
Voyage Data Recorder (VDR), Simplified Voyage Data Recorder (S- Additional evidence: If you are unsure whether a surveyor, expert or technical experts around the world. • Copies of the deck log book detailing heavy weather which,
if required by the local jurisdiction, should be authenticated • Temperature (hold, cargo, seawater, air) and humidity
In some jurisdictions the local court may need to approve the
surveyor instructed to inspect the damaged cargo or may
invited to attend the repairs if they wish.
VDR), Electronic Chart Display and Information System (ECDIS)
In the event of an accident or incident that may result in claims, a favourable outcome often depends on the records.
Faulty or damaged equipment, defective parts and samples of lawyer is acting on behalf of the Club, or if
by the local port authorities and attached to the letter of appoint a surveyor directly. The local Club correspondent will Whenever the vessel is free of cargo, shipboard
records. damaged or contaminated cargo should be retained, suitably marked guidance or professional assistance is needed,
protest. The local correspondent or the Club should be • Temperature of reefer spaces and defrosting records. personnel should take the opportunity to inspect the
In the event of an incident where VDR and ECDIS data may be and stored to protect against degradation, corrosion or loss. contact the local Club correspondent availability of accurate information and good records. The purpose of this wall chart is to remind you of what asked whether or not such authentication is necessary. • Temperature records for refrigerated containers including
be able to advise the master whether or not it is customary for
a court surveyor to attend. vessel for concealed or previously unidentified
relevant (e.g. collision, grounding, damage to property), it Where practicable, the necessary records should be sent to the
immediately. the Club may need in order to best protect you and the Company operating the vessel. • Steps taken to minimise the damage or loss beforehand temperature cards and electronic records/downloads. stevedore damage. The stevedores, charterers and
is very important that this information is saved in good time Company electronically by email. However, if the file sizes are too
If an accident or incident occurs and urgent assistance is required, you can obtain help from one of the Club’s and/or when first recognised.
Regardless of the circumstances, the master
• Temperature of bunkers stored in tanks next too heat- Important: Steel pre-loading surveys Company should be informed immediately both orally
to avoid it being overwritten. It should then be backed-up large they should be transferred to disk or memory stick and should never admit liability unless expressly • Relevant photographs and/or video recordings showing sensitive cargo.
promptly. forwarded to the Company at the earliest opportunity. instructed to do so by the Company or the Club. local correspondents. If you are unable to reach the correspondent, you may contact the Club direct. vessel’s condition (e.g. cargo spaces, hatch covers, cargo • Gas concentrations for each cargo space.
Steel is a sensitive commodity and the source of many claims. and in writing if anything is found.
To safeguard the interests of the vessel, the Club requires an A digital camera or similar device should be used to
Details of all correspondents can be found in the Club’s “List of Commercial & Legal Correspondents” which, gear, cargo tanks), cargo operations, port conditions,
stowage, securing, damaged cargo, weather.
• Ventilation records for each cargo space. experienced surveyor to record the apparent condition of take as many photographs of the damage as
together with the Club’s Rule Book, may be downloaded at www.westpandi.com. • Stowage plans and instructions together with details of any • Inert gas and tank venting records.
shipments of finished steel products prior to loading, check the
stowage and securing arrangements and assist the master with
possible, appending them to the off-hire survey report

bunker delivery note is correct and within the engine - details of any suspect bunkers consumed. These documents and the website also contain the contact details of the Club’s Claims Teams and individual lashing, securing and dunnaging arrangements. • Cargo rounds and checks of lashing/securing and sealing the clausing of mate’s receipts and bills of lading as necessary.
or other written record of the damage. In the event of

Bunker Disputes
arrangements. difficulties, the Company should be advised and the
manufacturer’s limits. - ullage records. members of staff at the Club’s offices in London, Piraeus and Hong Kong. In addition, a duty officer is always • Inspection, repair and maintenance records regarding any
items alleged by cargo interests to have caused the damage • Copies of weather reports/warnings and any weather routing
If due to load steel, the master should contact the Company
to confirm that a surveyor has been appointed to carry out a local Club correspondent may be contacted for
• Carry out a compatibility test before bunkering operations begin.
• As far as possible, load bunkers into empty tanks and do not
- copies of bunker delivery notes/receipts.
available by telephone on +44 (0)7795 116602 or visit www.westpandi.com. (e.g. hatch covers, valves, pipes, cargo gear, lashings). information. pre-loading steel survey on the vessel’s behalf. assistance.
- the names of all shipboard personnel involved in the
Bunker disputes usually occur for two reasons; a disagreement over mix with other fuel on board. bunkering operation.
the quantity supplied or the provision of unsuitable or off-
• Test bunkers for the presence of water to check compliance - the names of those who witnessed the bunker samples
specification fuel. It is important that action is taken to protect the
with the applicable bunker standard. being taken.
vessel’s interests should such situations arise. equipment, the defective parts should be retained by the vessel • Details of any personal protective equipment worn or being used correspondent (in accordance with Company procedures) so • If possible, increase speed and make small alterations course, - whether the attackers were aggressive or violent.

Personal Injury Ship Security

• In addition to the MARPOL sample and the samples drawn for - copies of all relevant communications. indefinitely as they may need to be examined or tested by an expert by the injured person at the time of the accident. that the repatriation process may begin. bearing in mind that large alterations of course will slow down - action taken by the vessel.
use by the supplier and charterer, take at least four In the event of damage caused to machinery or equipment by at a later date. • Details of the injured person’s hours of work and rest in the days the vessel. - consequences of the attack (e.g. injuries, damage, items
Quantity representative samples at the manifold during bunkering, off-specification bunkers, notify the relevant parties and:
On completion of bunkering, the quantity loaded should be verified preferably using the continuous drip method. The following information should be collected and forwarded to preceding the accident. • Activate the vessel’s defensive measures and reconfirm that stolen).
Piracy
• Retain all damaged parts on board for further inspection. the, Company, local correspondent or Club as required: In accordance with the requirements of the International Ship - whether any photographs were taken during the
as precisely as possible using all means available. If there is a • Ensure that all samples are witnessed and signed jointly by the Reporting, gathering and preserving evidence • Results of any alcohol or drug tests carried out after the accident. all external doors are fully secured.
• Take photos of the damage when first discovered. and Port Facility Security (ISPS) Code, the security of the The latest information on piracy attacks and the areas of
shortfall compared with the supplier’s figures: Chief Engineer and the supplier. It is in the interests of everyone on board to ensure that safe working • Details of the injured person. incident.
• Details of any pre-existing medical conditions affecting the greatest risk may be obtained free of charge from the IMB • Sound the vessel’s whistle continuously to indicate to the
• Do not sign the bunker receipt as presented. • Ensure that records are available showing: practices are followed at all times and that potential risks that may • Date, time and location of accident. vessel must be maintained at all times. This includes the - last observed movements of the craft involved (e.g. date,
• Seal and mark all samples with the date and time of sampling injured person. Piracy Reporting Centre, Kuala Lumpur: Telephone: +60 3 attackers that the vessel is aware of their presence and is reacting.
- date and time when the suspect bunkers were first used. result in injury are identified and rectified as quickly as possible. monitoring of boarding arrangements, denying access to time, course, position, speed).
• Amend the quantity shown on the bunker receipt to reflect the and the seal number. • Details of the work or activity being undertaken by the injured 2078 5763, Fax: +60 3 2078 5769, Email: [email protected] • Turn on the AIS transmitter (if switched off earlier).
• Details of any medication being taken by the injured person. unauthorised persons and ensuring that only lawful goods are
vessel’s own figures. • Until the samples are sealed and signed, ensure that the bottles - tanks(s) from where the bunkers were taken. Slips, trips and falls are the most common types of accident person at the time of the accident. - parties notified.
• Details of any previous accidents involving the injured person. carried. Since incidents involving stowaways, piracy or drugs or [email protected], Website: www.icc-ccs.org/piracy- If the attack takes place at night and there are naval forces in
• Inform all interested parties about the shortfall without delay (e.g. are not swapped. - whether the suspect batch of bunkers had been used occurring aboard a vessel, often the result of oily surfaces, badly • Details of any advice received from medical experts. - action taken by the local authorities.
may also result in significant claims, it is essential that vigilance reporting-centre. the area, switching on the deck lights may make it easier for
bunker supplier, Company, charterers, agents). previously. rigged accommodation ladders, insufficient lighting, poorly marked • Statements from any witnesses able to provide an accurate - whether assistance is required.
• Send at least one sample for independent analysis ashore. If • Nature and extent of injury. The IMB Piracy Reporting Centre also broadcasts daily status them to identify the vessel.
hazards, unguarded openings or generally cluttered decks. A account of the accident. It is important to exercise discretion is intensified when operating in areas of increased risk. - preferred method of communication (e.g. VHF, HF,
• If the bunker receipt was signed before the shortfall was possible, the vessel should wait until the analysis results are - initial symptoms observed and by whom. • Details of the injured person’s next of kin.
watchful eye and good housekeeping will go a long way towards reports and warning messages on the SafetyNet service of If the attack takes place at night and there are naval forces in
recognised, advise the supplier and all interested parties in writing known before consuming the bunkers in question. - action taken to overcome the difficulties and by whom. when taking statements from witnesses, particularly those Should any of the following points conflict with aspects of the satellite telephone, email).
minimising such accidents. • Details of any first aid or medical treatment given. Inmarsat C and maintains a 24 Hours Anti Piracy Helpline: the area, switching on the deck lights may make it easier for
immediately. (Some bunker contracts allow 24 or 48 hours for • Retain at least two samples on board until all bunkers of that whose memories or motives may be questionable. For reasons vessel’s Ship Security Plan, precedence should be given to - date and time of report (UTC).
- engine performance before, during and after using the Every accident has an impact of some kind. Injured crew members • Circumstances of the accident and, as far as practicable, the Telephone: +60 3 2031 0014.
shortages to be notified). batch have been consumed without difficulty. of credibility, similarly worded statements from several different the latter. them to identify the vessel.
suspect bunkers. may be unable to perform their duties effectively, thereby affecting root cause.
witnesses should be avoided. Prior to transiting an area where vessels have been attacked, If the attackers manage to board the vessel and provided there
• Send all relevant paperwork to the Company or charterers (as • Follow any recommendations made by the analysis company - extent of the damage. the safe operation of the vessel. If passengers, stevedores, visitors • Prevailing conditions at the time of the accident (e.g. weather, the Company Security Officer (CSO) and the Ship Security
Drugs
appropriate). regarding the treatment and use of the bunkers. • The names and, as far as practicable, the contact details of all is sufficient time, further messages should be sent to the naval
- details of when repairs were carried out and by whom. or contractors are injured, substantial claims may be made. lighting). Stowaways
Officer (SSO) should carry out a risk assessment based on the Whether placed on the vessel by third parties or smuggled
In the event of a shortfall, the longer a vessel remains in port after If, after departure, it appears that the bunkers are off- Consequently, precautions should be taken to ensure that the witnesses. forces, Company and flag administration. Unless all
- extent and estimated cost of repairs, and details of parts • Drawings, photographs, video or CCTV footage of the area Stowaways can be expensive to repatriate, fines and heavy most recent information available. They should also ensure that on board by crew members, the discovery of drugs by
the completion of bunkering, the greater the likelihood of a successful specification: vessel is not blamed unjustly. crewmembers are fully secure inside a citadel, resistance and
replaced or overhauled. where the accident occurred, including equipment where • Copies of all official, deck, engine room and working log book costs may be incurred and it is often difficult to find countries the crew is fully briefed and that an anti-piracy drill is held shore authorities may result in heavy penalties, delay and, in
agreement being reached with the supplier. However, if the vessel confrontation are not recommended to minimise the possibility
• Notify all interested parties of the problems immediately (e.g. In ALL personal injury cases, particularly those that might appropriate. entries (as appropriate) and any rough notes. All sections must willing to let them disembark, particularly if they have no beforehand. certain jurisdictions, criminal charges. To minimise these
is about to depart, the supplier will be aware that the master may of violence.
bunker supplier, Company, charterers, agents). involve the United States, the local Club correspondent be completed accurately and in full. documents. A thorough search of the vessel before departure risks the vessel should be searched thoroughly for drugs by
be under pressure to sail and may try to use this to their advantage. Unpaid Bunkers • Copies of any accident reports submitted to local or national In high risk regions covered by the industry publication “Best
• Try to avoid consuming the suspect product. should be contacted immediately regardless of whether the is crucial as it is far easier to send stowaways ashore in the Remaining calm and agreeing to the demands of the attackers
In some jurisdictions, most notably the United States, it may be authorities, or to the vessel’s flag administration. • Details of any party claiming to represent the injured person. Management Practices to Deter Piracy” (BMP) it is essential trained shipboard personnel at regular intervals. Details of
injured person is a crew member, passenger, stevedore, will hopefully keep the unwelcome visit brief, allowing full control
• Forward the following information to the Company or possible for the bunker supplier to exercise a lien over the vessel • Details of how and when the injured person was moved from • Copies of any relevant survey reports. port where they boarded. that the precautions set out in the latest version of this all drug searches and other anti-drug precautions
Quality visitor or third party. The correspondent should be informed of the vessel to be regained at the earliest opportunity.
charterer (as appropriate): should the charterer fail to pay for the bunkers provided under a the scene of the accident, and by whom. A further search shortly after departure is also recommended should be recorded in the vessel’s logbook.
Off-specification bunkers may result in non-compliance with of all details regarding the accident and their advice should All personal injuries even minor ones unlikely to cause harm, important document are strictly followed at all times.
- evidence or indications that the bunkers do not meet time charter agreement, even if the owner is not a party to the as stowaways sometimes emerge soon after the vessel has If practicable, the vessel should be navigated clear of other
mandatory sulphur limits, poor consumption, loss of speed and, in be followed in full. • Details of any contributory behaviour by the injured person should be reported, investigated and documented in accordance In regions where anti-piracy naval forces are operating, vessels If a suspect item is found during a search, the action to be
required specification. bunker contract. Should the charterparty contain clauses that and/or possible negligence by third parties. sailed to seek food and water or a more comfortable place to traffic and the main engine stopped when safe to do so. Crew
some cases, damage to the vessel’s machinery or equipment. Accidents resulting in injury should always be reported and with the requirements of the vessel’s Safety Management System should submit details of their intended passage to the taken by the vessel will usually be specified in the SMS and/or
- a copy of the independent laboratory analysis report (if available). expressly prohibit charterers from placing liens on the vessel, this members may assist passively by mentally noting as many
Some bunker contracts allow seven days for the notification of investigated in accordance with the requirements of the vessel’s • Statement from the injured person (if appropriate). as it is not unusual for injury claims to be made after a significant hide. It should also be borne in mind that if one stowaway is appropriate co-ordinating centre prior to entering the area. As Ship Security Plan. There may also be additional requirements
must be brought to the attention of bunker supplier in writing details about the attackers as they can and pooling such
bunker problems, therefore checks regarding quality should be - the tank(s) in which the bunkers were placed on delivery. Safety Management System. period of time. Without detailed and accurate records it can often found, there may be more on board. far as possible, vessels should always join escorted convoys
prior to the commencement of loading. The bunker receipt • Copies of any permits to work in force at the time of the accident to fulfil if the Company has signed anti-drug co-operation
carried out as early as possible. - the method used for taking the samples and the location of information later on.
should also be claused, stating that the bunkers are for the If the accident was caused by malfunctioning machinery or (if applicable). be difficult to ascertain whether or not such claims are valid. In order to mitigate any penalties in the event of a and follow official recommendations regarding position agreements with particular countries. However, in the
In order for claims involving off-specification bunkers to stand a the sampling point. charterers account and that no lien can be exercised against the successful stowaway attempt, it is important that details reporting, transit corridors, transit timings and speed. Should a military assault team board the vessel, crew members
absence of firm guidance:
greater chance of success: - the stage at which the samples were taken. vessel to recover the cost of the fuel supplied. Suitably worded of shipboard stowaway searches conducted prior to and should drop to the deck and cover their heads with both hands
With regard to anti-piracy measures, the following points • The Company, the responsible authorities ashore and the
• Prior to bunkering, check that the specification stated on the - details of all bunkers transferred between tanks. clauses are available from the Club on request. after departure, the areas checked and all other keeping them visible and empty. It is important to understand
should be considered: Club or local correspondent should be informed
• Details of any pollution resulting from the incident. shipboard personnel should not answer questions about the precautions taken by the vessel are recorded in writing. that the crew may be rounded up and held by the assault team

Collision and
• Deploying additional watchkeepers and lookouts. immediately. If the discovery was made on passage, this
incident until the initial reports have been evaluated by the These may include safeguards such as gangway watches, the until the attackers have been identified, and to recognise that
• A summary of the events leading to the incident. • Maintaining a careful lookout both visually with binoculars should be done before the vessel enters the territorial
Company, the Club or the local Club correspondent. employment of additional security personnel, identity checks, the working language of the assault team may not be English.
• Details of the vessel’s courses, positions, manoeuvres, engine waters of the next port.

Property Damage
and by radar. At no time should flash photography be used. Crew members
In addition to the possibility of heavy fines following a pollution careful estimate of the quantity involved. No attempt should be made to conceal or alter evidence as those security rounds, accommodation access restrictions,

Marine Pollution
movements, speeds, signals, communications and composition • If possible, take photographs of the suspect item and where
incident, seafarers found to have violated MARPOL regulations illumination arrangements and the securing of cabins, • Reducing the duration of watchkeeper and lookout periods should co-operate fully with the assault team throughout.
• Prevailing weather and sea conditions. of the bridge and engine room teams prior to the incident. investigating the incident will need to be clear of the facts, even if
intentionally may face criminal prosecution. storerooms and cargo spaces. to minimise fatigue. Following an attack, or if a suspicious craft is sighted, a it was found before it is removed.
• Details of all measures taken by the vessel and/or shore • In the case of collisions, the estimated angle of blow. they show that the vessel made an error. Moreover, in many
Should oil from other sources be observed in the vicinity of the personnel to minimise the spill and clean up the pollutant. jurisdictions, evidence tampering is deemed to be a criminal If stowaways are found after sailing: • Using fire hoses, razor wire and security grilles as physical message should be sent to the centre co-ordinating the naval • Ensure that witnesses are in attendance when the suspect
vessel, the local authorities and the vessel’s port agents should Reporting, gathering and preserving evidence • A copy of the vessel’s passage plan. deterrents together with passive defence equipment such as forces (if applicable), the Company, the vessel’s flag item is retrieved.
Reporting, gathering and preserving evidence • The extent of the pollution including details of the areas affected offence. • Treat them firmly but humanely.
be informed immediately. If drifting towards the vessel, the and property damaged, including other vessels. The early stages of a collision or property damage incident are • The known or suspected cause of the incident together with any night vision optics, acoustic devices, false “high voltage” administration, the responsible Maritime Rescue Co-ordination
The protection of the environment is an issue of global concern, and Subject to the scale and complexity of the incident, further • Try not to handle the packaging material as it may be a
authorities should be requested to witness and record the fact critical and a preliminary report, including the information listed contributory factors, including diagrams. • Search them for identification papers, weapons and drugs. signs and “dummy” lookouts.
the policy of many governments is that the “the polluter pays”. • A copy of the incident report form completed in accordance Centre (MRCC), the IMB Piracy Reporting Centre and the Club source of fingerprints.
that the pollution originated from elsewhere. An entry should be below, should be submitted to the Company and the local Club information may be required:
Consequently, the financial implications of a marine pollution incident with the vessel’s SMS. • Prevailing weather and sea conditions. • Search the area where they were found for hidden • Using ballast pumps to flood the decks and form a water providing the following information, as appropriate:
made in the deck log recording all relevant information including correspondent as a matter of urgency. Once notified about the • Statements from crew members, pilots and others, as • Do not touch the substance itself without wearing gloves
are invariably serious, and fines, clean-up costs and third party • Copies of any incident reports submitted to local or national • If relevant, details of attending pilots, tugs, boatmen, pollution identification papers, weapons and drugs. curtain over the vessel’s side.
the personnel who first noticed the spill, the wind and tidal incident, the Club will evaluate the situation and initiate appropriate appropriate. (These will normally be taken by the lawyer • Vessel’s name, IMO number, flag, call sign and Inmarsat as some drugs may be absorbed by the skin.
claims may take on formidable proportions. It is essential to exercise authorities, or to the vessel’s flag administration. clean-up contractors, other third parties and any independent • If identity papers are discovered, place them in the vessel’s
conditions, details of other vessels in the area and the apparent investigation and protective measures as necessary. appointed to act on behalf of the vessel). • Running additional machinery such as extra generators and telephone number. • Wear a face mask to avoid inhalation and wash hands
extreme caution when assessing the impact of any pollution • Details of all parties notified. safe to prevent them from being destroyed.
source of the pollution. Where possible, samples of the oil should witnesses. steering motors. • Position, date and time of incident (UTC).
incident, irrespective of how minor it may appear. Depending on the Subject to the scale of the incident and the type of pollutant, In this chapter “collision damage” refers to vessel to vessel • Results of any alcohol and/or drug tests carried out after the afterwards.
be taken and retained for future comparative analysis together • A copy of the incident report form completed in accordance with • Confine the stowaway(s) to a safe and secure area when not
type of pollutant and the locality, it is not unusual for substantial and further information may be required at a later stage: contact, regardless of whether one of the vessels was moored or incident. • Securing all entrances, ensuring that emergency exits are still • Vessel type, gross tonnes, deadweight tonnes, speed and • Do not taste the suspect substance.
with photos and/or video evidence of the pollutant and the the vessel’s SMS. under close supervision.
difficult claims to arise bearing little relation to the apparent severity anchored at the time. “Property Damage” refers to contact with usable. freeboard.
prevailing circumstances and conditions. • Statements from all crew members involved in the incident • Drawings, diagrams, photographs and/or video recordings to • Keep the suspect substance well away from sources of
of the incident. Therefore it is vital that before carrying out any Fixed and Floating Objects (FFO) such as quays, cranes, buoys, • Copies of any incident reports submitted to local or national • Provide them with adequate food and drink. • Preparing a secure internal compartment to be used by the
In the event of a pollution incident, whether real or threatened, the (usually taken by the appointed lawyer). illustrate the extent of the damage and how the incident • Name and contact details of Company. heat (e.g. cigarettes, light bulbs, hot pipes).
operation where a risk of pollution exists, everyone involved is made pipelines, cables, bridges and floating storage facilities. Wash authorities, or to the vessel’s flag administration. • Do not force them to work against their will.
procedures contained in the vessel’s Shipboard Oil Pollution • Drawings, diagrams, photographs and/or video recordings to occurred. crew as a “citadel” if the attackers manage to board the vessel. • Number of personnel on board and their nationalities.
fully aware of the relevant regulations, procedures and their own damage to vessels or property also falls under this heading. • Lock the suspect substance and packaging material in a
Emergency Plan (SOPEP) or Shipboard Marine Pollution illustrate how the incident occurred. • Copies of any notes or letters of protest, both issued and • Do not sign them on ship’s articles. Under SOLAS, masters may turn off the vessel’s AIS
responsibilities. • Original chart in use at the time of the incident, complete with all • Last port, destination and details of the cargo on board. secure location. Place under guard if necessary.
Emergency Plan (SMPEP) and/or Vessel Response Plan (VRP) • Copies of all official, deck, engine room and working log book Collisions and contact with FFO which result in personal received. If a protest is received which requires transmitter at their discretion. However, at night, navigation
Larger oil pollution incidents are usually the result of collisions and plotted positions, notations and correction records. Nothing • Interview each stowaway individually to ascertain:
describe the steps that must be taken by the vessel. The local entries (as appropriate) and any rough notes. All sections injury, property damage or marine pollution should always be acknowledgement, the wording “received without prejudice • Reference to any notification report or piracy alert initially sent • Record details of the discovery and subsequent action
groundings. However, the majority of pollution claims involve spills should be added or erased. - name. lights should always remain switched on. Masters should also
Club correspondent should be informed without delay so that must be completed accurately and in full. treated as being potentially serious. Unless a P&I surveyor is and without admission of liability” should be used. by the vessel. taken in the log book (e.g. date, time, position, location of
that occur during bunkering or oil cargo transfers, while carrying out - date of birth. remember that the safety of personnel is paramount and that
prompt action can be taken to protect the vessel’s interests. The • Copies of the relevant pages of the oil record book(s), garbage appointed to investigate and record the cause and extent of the • List of all navigational publications on board together with edition • Whether the vessel was underway, at anchor or alongside at drugs, description of substance, estimated quantity, names
disposal operations (e.g. oily bilge water, fuel residues, dirty oil, • Copies of the vessel’s bridge and engine room logbooks - place of birth. crew members should not be exposed to unnecessary risk.
correspondent will liaise with the Club, contact local authorities record book, cargo record book, fuel switching procedures and damage immediately, it will be difficult to challenge any claims dates and correction records. of those finding the drugs, witnesses, parties notified).
sludge, tank slops) or when transferring fuel internally. A including any rough or working logs. the time of the attack.
and appoint surveyors, pollution clean-up contractors, lawyers similar records (as appropriate). - nationality. In the event of a piracy attack the following action should be taken:
hydrocarbon transfer checklist or equivalent permit to work should arising from the incident which may be inflated or unjustified. • Original log books (e.g. official log, deck log, engine room log, • Details of the weather conditions (e.g. wind speed, wind Follow up with a full written report.
and/or technical experts as necessary. No admission should be • Photographs, video or CCTV footage taken immediately before, - address.
• Copies of receipts for bunkers and lubricating oil received. • VDR and ECDIS data. The importance of these records cannot working log). All sections should be completed accurately in • Sound the piracy attack alarm.
be used during all such transfers and should form part of the vessel’s made regarding the cause or source of the incident without during or immediately after the incident. direction, swell, wave height). • Once berthed, all personnel should remain on board until
- details of next of kin.
Safety Management System. authority from the Company or the Club. • Copies of receipts for sludge, waste oil, oily water, cargo be over-emphasised. Once preserved, they should also be full. • Ensure that crew members with non-essential duties the authorities have concluded their investigations.
Following a major incident the master, all bridge and engine room - port of boarding. , • Details of the incident:
Marine pollution is regulated by the various annexes of the MARPOL residues and garbage discharged to reception facilities ashore. backed-up. • Original records (e.g. movement (bell) book, rough notes). proceed to the safe muster point or citadel.
The following information should be relayed to the Company, local personnel and any witnesses on board should make personal - date and time of boarding. type of attack, and whether attempted or successful. In some countries, additional precautions including an
Convention (as amended) which cover oil, noxious liquid substances • Copies of the shipper’s cargo declaration, Material Safety Data • Date, time, location and type of incident. Nothing should be added or erased. • Send pre-prepared messages to the centre co-ordinating
correspondent or Club immediately so that the severity of the notes as soon as possible, bearing in mind that formal interviews - how they gained access to the vessel. - approach details. underwater inspection may be necessary due to the risk of
in bulk and packaged form, sewage, garbage, cargo residues and Sheets (MSDS) and any other documentation declaring
incident and appropriate response measures can be assessed: • Identity of other vessel(s) and/or details of property damaged. and statements may be required later on. All rough notes, • Original print-outs (e.g. course recorder, echo sounder, radar naval forces in the region, to the Company and to the vessel’s - method of attack. drugs being attached to the vessel’s hull or placed inside the
atmospheric pollution. Documents such as the oil record book parts whether or not the cargo is considered to be Harmful to the - location of hiding place.
• Date, time and location of the incident. • Details of any personal injuries or fatalities. calculations, sketches and charts should be retained as they may plots, engine telegraph data logger). flag administration. - description of craft used.
1 and 2, cargo record book, garbage record book, cargo log book, Marine Environment (HME), an Environmentally Hazardous - intended destination. rudder trunk void space. Details of such countries can be
• Known or suspected cause of the incident. Substance (EHS) or a Marine Pollutant. • Apparent extent and severity of damage to the other vessel or be of vital importance. • Communication records including notes regarding the times and The foregoing information, together with photographs of the • Activate the Ship Security Alert System (SSAS). - number and brief description of attackers (e.g. found by accessing the Club’s website at
deck log and engine log are particularly important when defending
pollution claims and must always be completed accurately and kept • A summary of the sequence of events leading to the incident. • Copies of all communication records. property. Other than in response to official enquiries from the police, the content of exchanges made on VHF radio and the channels stowaway(s) and copies of any identification papers found • Send a distress message by VHF, digital selective calling appearance, languages spoken, weapons used). www.westpandi.com and entering the word “drugs” in the
up to date. • Precise details of the type of pollutant, its specification and a • Representative samples of the pollutant. • Details of any cargo damage. local maritime authorities or the vessel’s flag administration, used. should be forwarded promptly to the Company, Club or local (DSC) and/or Inmarsat C as applicable. - duration of attack. search field, or by contacting the Club directly.