Where the shipowner has a liability to a salvor for special compensation, under either Article 14 of the International Convention on Salvage or the SCOPIC Clause, it is usually covered by his P&I club entry. The clubs are therefore closely involved in salvage cases, especially where there is risk of pollution.
What does section 42 of the Merchant Shipping Act 1995 provide?
That in every contract of employment between the owner of a UK ship and its master or any seaman employed in the ship, there will be an implied obligation on the owner (1) that the owner, the master and every agent charged with loading the ship, preparing it for sea or sending it to sea must use all reasonable means to ensure the seaworthiness of the ship for the voyage at its commencement, and (2) that the ship will be kept in a seaworthy condition for the voyage during the voyage. This obligation cannot be contracted out of (e. g. by a contradictory term in the crew agreement).
What documentation concerning anchors and cables should be carried on board?
A certificate for each anchor, chain cable and chain cable accessory provided on board, issued by the testing authority after manufacture.
What is a combined transport bill of lading?
A bill of lading used for a multimodal shipment, i. e. where the goods are travelling by various forms of transport (e. g. road, rail, barge and ship) under one bill. These are common in the liner trades.
Why do some M Notices have numbers prefixed by the letter "M" and not "MSN", "MGN" or "Min"?
Before the current numbering system commenced in 1997, all M Notices, whether of a mandatory, recommendatory or advisory nature, were numbered in one series with an "M" prefix. Many of these old notices have now been either cancelled or re-issued as MSNs or MGNs. Most of those remaining are recommendatory or advisory, such as M. 474 (Explosions in Diesel Engined Vessels). However, MCA includes them on its website as "Merchant Shipping Notices", giving the impression that they have mandatory status.
What authority does European Community law have in the UK?
EC Regulations and EC Directives are binding in the UK (and all other EU Member States).
Under what circumstances can a Temporary CEC be obtained, and for how long will it be valid?
An applicant for a full CEC as master can be issued by the MCA with a temporary CEC for a maximum of 6 months, where, for example, longer than 3 months is required to obtain the UK Legal and Administrative Procedures (UKLAP) Grade 1, or where the MCA has not received verification of the STCW Certificate of Competency. EU and EEA nationals may alternatively serve an Adaptation Period of up to 6 months in a lower rank. A full (5-year) CEC will only be issued once all requirements have been met and verified by the MCA. (MIN 340)
What action should a master take to protect the owners' interests following a berthing accident in which both the ship and quay are damaged?
The master should; (1) inform the owners and local P&I club correspondent as soon as possible;
Who sets the port security level and how does a shipmaster find out what it is?
The port State sets the port security level. A shipmaster should ask the ship's agent about the current level when communications are established. contact DfT Maritime Security.
What is the proper procedure when a ship's Certificate of British Registry is lost or destroyed?
The master should inform the owner, who should then apply to the RSS on the proper (pink) form for a Duplicate Certificate of British Registry, enclosing the statutory fee.
Which persons do The Merchant Shipping (Hours of Work) Regulations apply to?
Seafarers employed or engaged in any capacity on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member State and is ordinarily engaged in commercial maritime operations.
Which Notice to Mariners should the master of a British ship consult for security- related information?
Annual Notice to Mariners No. 3 - Safety of British Merchant Ships in Periods of Peace, Tension, Crisis or Conflict, published by UKHO.
What is the MCA's advice to companies operating small ships on application of the ISM Code?
"The UK strongly urges companies operating ships of between 150 GT and 500 GT to comply with the requirements of the ISMCode and to apply for certification voluntarily." (MGN 40, para. 13)
Which UK regulations deal with artificial optical radiation on UK ships, and where can the MCA's guidance be found?
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 (SI 2010/2987).
What is the legal status of the medical log, where one is kept in a UK ship?
Unless all illnesses are also recorded in the Official Log Book, it is technically an annex to the Official Log Book, and has the same legal status.
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