Yes, but only in exceptional circumstances and where it is lawful to do so.
If a master enters into a Lloyd's Open Form agreement without having the form on board, how can it be signed?
Having made the agreement with the other master, the owners should be contacted. They can then arrange for the form to be signed ashore.
What matters are governed by the contractual provisions of a Crew Agreement in a UK ship, according to MGN 148?
(1) The persons between whom the agreement is made;
What do "BSF" and "NFD" stand for?
BSF stands for "British Shipping Federation". NFD stands for "Non- Federated".
A ship is preparing to sail from a West African port to a European port. Are there any ship security concerns?
Armed robbery may be attempted at or off some west African ports and piracy may be attempted offshore. People in small boats (who in most cases will be migrants) may be encountered between Africa and the Canary Islands or the Iberian peninsula; some of these craft may require immediate assistance.
What are a master's chief responsibilities under (English) common law?
(1) To preserve the safety of the crew, passengers, ship and cargo (acting as if ship and cargo were the master's own uninsured property);
A UK ship's third engineer is absent without leave two hours before sailing. What action should the master take?
The full complement listed on the Safe Manning Document must be on board when going to sea.
How can the local correspondent of a ship's P&I club be useful to the master?
By giving the master advice in any situation which may result in the owners making a claim on the club, e. g. cargo problems, bill of lading problems, discovery or escape of stowaways, a bunker fuel spillage, a personnel accident on board, or anything else covered by the owner's entry with the club.
What are the statutory requirements relating to an Operational Limitations Document?
SOLAS regulation V/30 (which is given effect in the UK by The Merchant Shipping (Safety of Navigation) Regulations) 2002 requires all passenger ships to which SOLAS chapter I applies (i. e. ships carrying more than 12 passengers on international voyages) to have a list of all limitations on the operation of the ship, including exemptions from any SOLAS regulations, restrictions in operating areas, weather restrictions, sea state restrictions, restrictions in permissible loads, trim, speed and any other limitations, whether imposed by the flag State Administration or established during design or building. The list must be compiled before the ship is put in service, and together with any necessary explanations, must be documented in a form acceptable to the flag State Administration, must be kept on board readily available to the master, and must be kept updated.
What is indicated if an International Load Line Certificate or International Load Line Exemption Certificate has (1966) in its title?
It means the certificate was issued prior to the implementation of the Harmonized System of Survey and Certification, under the provisions of the International Load Line Convention without the modifications of its 1988 Protocol. It makes no difference to the scope of surveys.
What must the master and the terminal representative ensure?
That the unloading method does not damage the ship's structure.
Which regulations implement the ISPS Code in the UK?
The Ship andPort Facility (Security) Regulations 2004 (SI 2004/1495). (The Regulations actually give effect to an EC Regulation (Regulation (EC) No. 725/2004) which extends the application of SOLAS chapter XI-2 and Part A of the ISPS Code to domestic shipping in respect of Class A passenger ships, their companies and the port facilities serving them.)
What does EU law say about standards of construction and maintenance of the hull, machinery and electrical and control installations of ships under EU flags?
Article 14 of Council Directive 94/57/EC, as amended, provides that each EU Member State must ensure that ships flying its flag are constructed and maintained in accordance with the hull, machinery and electrical and control installation requirements of a Recognized Organisation.
When is compliance with the Code of Conduct for the Merchant Navy a contractual obligation of a seaman in a UK ship?
(1) When he is employed under a BSF Crew Agreement, since the BSF terms incorporate the MN Code of Conduct by reference. (2) If he is employed under an NFD Crew Agreement into which the Code has been incorporated by reference in an additional clause.
For what breaches of The Ship and Port Facility (Security) Regulations 2004 can an MCA surveyor (or Department for Transport Maritime Security official) issue an Enforcement Notice?
A "duly authorised officer" (i. e. an MCA or DfT Maritime Security official) may serve an Enforcement Notice on the company, the CSO, the SSO, the master, the PFSO, the owner of the Port Facility Security Plan and any person who carries on port operations in a port facility where it appears to him that the person failed to comply with the requirements of SOLAS Chapter XI-2, Part A of the ISPS Code, certain paragraphs of Part B of the ISPS Code, or the requirement to submit to an inspection by the European Commission and rectify any shortcomings identified by the inspection, or the requirement to submit specified changes or amendments to a ship security plan or Port Facility Security Plan to the MCA or DfT Maritime Security (as appropriate) for approval.
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