Question and Answers

    Question
    seawizard June 2, 2021
    In admiralty law, a maritime lien is a privileged claim upon sea-connected property, such as a ship, for services rendered to, or the injuries caused by that property. In common law, a lien is the right of the creditor to retain the properties of his debtor until the debt is paid. There are three classes of liens, viz.: –
 - Possessory liens, subdivided into (a) particular liens, and (b) general liens. - Maritime liens. - Equitable liens.
    seawizard June 2, 2021
    It is a document which outlines what a vessel will do in case of an oil spill. VRP is required by USCG for vessels operating in US waters carrying certain quantities of chemical and/or refined petroleum products It includes information about the vessel such as Name and particulars.contact information for the vessel’s owner or operator, a list of zones that the vessel intends to operate in, and the clear identification of the incident management team – the people or group who is to be notified in the event of a spill. The identification contact will include the identity of who is to be notified, how to most efficiently reach them, and secondary communication effort instructions that should be used if the first contact is unreachable. Additionally, the VRP will contain information about the vessel’s chosen insurance company. The contents of VRP will differ depending on what type of vessel you operate, the size of the vessel, and how much oil is on board.
    seawizard June 2, 2021
    A contract of affreightment is a contract between a ship-owner and another person (called the charterer), in which the ship-owner agrees to carry goods for the charterer in the ship, or to give the charterer the use of the whole or part of the ship's cargo-carrying space for the carriage of goods on a specified voyage or voyages or for a specified time. The charterer agrees to pay a specified price, called freight, for the carriage of the goods or the use of the ship Contracts Of Affreightment are used when a shipowner or operator agrees to transport a given quantity over a fixed period of time. Unlike other charter parties, no specific ship is named in the charterparty. It is up to the owner or operator to provide ships as needed for the project. With tankers, due to the sensitivity of port states regarding oil pollution, it is likely that the contract will include specific requirements regarding  the  ships  employed,  which  would  probably  extend  to  the  owner having to provide the charterer with a list of ships likely to be employed in the contract. Contracts Of Affreightment gives the owner considerable freedom to manage his fleet to the best advantage, even to the extent of ‘chartering in’ ships if his own fleet is engaged in more profitable employment elsewhere. Contracts Of Affreightment is common with owners of small coasters employed in short voyages, as it saves having to charter a ship for each movement. Contracts Of Affreightment is also used by government charterers for international trades.There are several standard charter parties for Contracts Of Affreightment, one of which is the Volcoa – basically for dry cargo – and the Intercoa. These forms are designed to be used in conjunction with voyage charter forms for each voyage which is undertaken under the COA
    seawizard June 1, 2021
    For Turning Circle: Advance not to exceed 4.5 ships length and tactical diameter not to exceed 5 times ship’s length For Stopping distance: Track reach in full astern stopping test should not exceed 15 times ship’s length, this can be modified by Administration for larger ships but not to exceed 20 time length in any case
    seawizard June 1, 2021
    Following are the signs of a vessel experiencing squat - 1. Mean body sinkage increases 2. Ship generally develops extra trim by bow or stern 3. Wave making increases especially at bow 4. Ship become more sluggish to maneuver 5. Draft indicators indicate change in draft 6. Propeller RPM indicator show a decrease 7.Drop in speed 8. Sudden vibration 9. Any rolling, pitching and heaving motions will all be reduced 10. Appearance of mud in water 11. Turning circle diameter increase 12. Stopping distances and time increase 13. Effectiveness of rudder decreases 14. Width of wake increases.
    seawizard June 1, 2021
    When a ship complies with the above four regulations as followed by the B-60 ships such that when a transverse bulkhead is damaged and the two adjacent Forward and Aft compartment floods simultaneously and the ship complies with special regulation for Type A ships, except hatch covers are weather tight. In this situation the freeboard can be reduced to similar sized type A ship. Such ship is called as Type B-100 Ship
    seawizard June 1, 2021
    For a type B ship to be assigned as a type B-60 ship, following four requirements needs to be fulfilled - 1. Adequate crew protection 2. Adequate freeing arrangements 3. Fixed steel hatch covers with adequate strength and sealing 4. Ship when fully loaded shall be able to withstand flooding of any compartment transversally and longitudinally; then In this case the freeboard of the ship can be reduced to 60% of the freeboard difference between the Type A and Type B ship of same length and size. Hence this ship is called Type B-60 ship.
    seawizard June 1, 2021
    All other ships except Type A ships are called Type B ships. They follow the table B for the assignment of the freeboard. According to this table, the freeboard can be increased or decreased. Sometimes the freeboard can be reduced to as much as that for Type A ship of same length and size. Type B ships are of two types B-60 ships and B-100 ships.
    seawizard June 1, 2021
    Type A ships are - 1. Designed to carry liquid in bulk. 2. Has a high integrity of exposed deck with small openings to cargo compartments, which are covered with W/T gasket covers of steel, low permeability of cargo spaces. 3. If ship>=150 mtrs she must be able to withstand flooding in any one compartment longitudinally and more than one compartment transversely and shall remain afloat in 4. condition of equilibrium. 5. Machinery spaces treated as a floodable compartment (p=85%) for other compartments (p=95%). 6. They should strictly follow Table A for freeboard assigned which cannot be altered. 7. Machinery spaces to be enclosed in casing protected by the W/T doors.
    seawizard June 1, 2021
    Records required to be maintained under Ship Security Plan - 1. Training drills and exercises 2. Security threats and security incidents 3. Breaches of security 4. Changes in security levels 5. Communication between ship to ship or ship to port on security such as specific security threats 6. Internal audits and review of the security activities 7. Periodic review of the SSA and SSP 8. Implementation of any reviews to the SSP 9. Maintenance, calibration and testing of security equipment and testing of SSAS
    seawizard June 1, 2021
    1. All means of access such as ladders, stairs are safe, well lit and unobstructed. 2. Warning notices put in case access is in dangerous condition. 3. Guard rails in proper condition 4. Portable ladder properly secured 5. Opening fenced suitably 6. Ship’s working area is safe to enter. 7. All levels to be adequately lit 8. Area to be ventilated 9. Loose tools, stores kept in dedicated places and secured. 10. Machinery systems properly guarded. 11. Operating instructions properly displayed. 12. Safety signs displayed. 13. PPE’s for crew available and in good condition 14. Work permit system is being followed. 15. Proper tools being used. 16. Paint drums, chemicals, tools etc to be secured and locked
    seawizard June 1, 2021
    Prior carrying out work aloft - 1. Detailed Risk Assessment shall be carried out 2. Tool Box talk shall be done and equipments shall be inspected and work plan discussed 3. Proper guard against falling – a stage or ladder shall always be used 4. Personnel under 18 years of age and less than 12 months of experience shall not work aloft 5. Persons working aloft (above 2 meters) should wear a safety harness with lifeline 6. Rig a safety net where appropriate 7. Buoyancy garments (life vest) to be worn and lifebuoy to be kept ready 8. A person should always be observing him on the deck 9. If all above is OK, Work aloft permit shall be completed and signed by the responsible person 10. Other than a emergency situation, personnel should not work aloft when the ship is underway. 11. When work is near the whistle – ensure power is off and warning signs have been posted. 12. When working near the funnel – duty engineer to ensure reduction in steam, gases and fumes emission. 13. Similarly, when working near Radio aerials – no radio transmission to be carried out and when near radar mast no radar operation to be done. 14. Suitable warning signs and notices to be displayed 15. Tools shall be lowered and sent up by lines in suitable containers properly secured.
    seawizard June 1, 2021
    A major Non conformity is an identifiable deviation that poses a serious threat to the safety of personnel or the ship or a serious risk to the environment that requires immediate corrective action and includes lack of effective and systematic implementation of the requirements of the ISM code
    seawizard June 1, 2021
    Non conformity is an observed situation where objective evidence indicates the non fulfillment of a specified requirements.
    seawizard June 1, 2021
    An Observation is a statement of fact made during safety management audit and is substantiated (supported) by the objective evidence
    seawizard June 1, 2021
    SMS (Safety Management System) is a structured and documented system enabling the company and its personnel to implement effectively the safety and environmental protection policy.
    seawizard June 1, 2021
    ISM Code has practically three objectives - (1) Safety of people (2) Safety of ship and cargo and (3) Safety of Environment.
    seawizard June 1, 2021
    Under this clause, owners have a right to withdraw time charter when/during – Breach of the Charter party, when the Charterer do not pay the dues to the owners by due date and / or vessel being used in unlawful trade.
    seawizard June 1, 2021
    When this clause is incorporated- Charterers may require Master to sign B/L’s as presented by the Agent and shippers. Master complies with the C/P instructions and signs B/L when the ship figures differentiate from that of the shore.
    seawizard June 1, 2021
    Any damage caused by the Charterers representative to be made good by the charterers. Such damages to be reported to them in writing with a copy to owners. If damage occurs during the redelivery, then owners not to take redelivery unless such damage is made good by the charterers
    seawizard June 1, 2021
    Under this the vessel’s performance shall be stated with respect to the speed, bunker consumption/day, cargo discharge/pumping psi etc. All officers shall be well aware of the clause and shall comply with the requirements.
    seawizard June 1, 2021
    This clause applies when the vessel is unable to perform for the service for which she was intended. Off hire time commences when vessel breaks down and continues till the vessel is fully ready at a point or position not less favorable to charterers than when the breakdown occurred.
    seawizard June 1, 2021
    In case of Constructive total loss, when the assured has given the notice of abandonment to underwriter and they accept it, any measures taken by the assured to save the property is not to be taken as a ‘Waiver’ or withdrawal of the Notice of Abandonment. Similarly, action can be taken by the underwriter to save the property, shall not be taken as acceptance of the Notice of Abandonment which they have previously declined.
    seawizard June 1, 2021
    Under a voyage charter, the charter may not be the shipper of the cargo. So as soon as he receives his freight, he doesn’t have any further interest in the ship and voyage. This should be clearly stated in C/P that the ‘Charterers are exercising the Cessar Clause’. This clause ensures charters interest till the time the cargo is delivered safely.
    seawizard June 1, 2021
    This clause makes it lawful for owners and his servants to take steps in order to minimize the damages and loss to subject matter, when it is in danger, for which underwriter may be liable. This is done in order to ensure that the ship's crew take all possible measures in their ambit to save the property insured.