(1) The duty to co-operate fully with the salvor during the course of the salvage operations;
How does tortious liability arise?
Generally from the breach of a legal duty (under either common law or statute law). Many classes of persons, including shipmasters, have various legal duties, e. g. a duty of care. Breach of a duty of care renders the person liable to proceedings for damages in tort.
Just before sailing, the chief mate informs the master that the cargo loaded is 4000 tonnes short of the charter party figure. What should the master do?
(1) Consult the stevedore, charterers, P&I club correspondent and owners.
What is an International Energy Efficiency Certificate, and what does it certify?
A certificate issued to a ship by or under the authority of the flag State Administration, under regulation 21 of MARPOL Annex VI (as amended in July 2011 by resolution MEPC. 203(62)), to certify that the ship has been surveyed in accordance with Annex VI regulation 5:4 and that the survey shows that the ship complies with the applicable requirements of regulation 20 (Attained Energy Efficiency Design Index or Attained EEDI), regulation 21 (Required EEDI) and regulation 22 (Ship Energy Efficiency Management Plan or SEEMP). It may also be referred to as an IEE Certificate or IEEC.
What are the COSHH Regulations, and do they apply to ships?
The COSHH Regulations are The Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677), which impose duties on employers and employees concerning the use of dangerous substances. They originally applied to non-sea-going UK ships but contained a disapplication to sea-going ships, i. e. ships that go beyond categorised waters. However, The Control of Substances Hazardous to Health (Amendment) Regulations 2004 (SI 2004/3286) extended the disapplication to all ships other than Royal Navy ships.
How are the Hague- Visby Rules made applicable to carriage of goods contracts?
Many States (including the UK) have enacted legislation incorporating the Hague-Visby Rules into their national sea carriage of goods law. Where no such national legislation applies, and there is no legislation making the Hague Rules or Hamburg Rules apply, the Hague-Visby Rules may still be made applicable by the shipowner inserting appropriate words into the Clause Paramount in the contract of carriage.
What is the International Shipping Federation (ISF)?
The international employers' organisation for shipowners, concerned with labour affairs and manning and training issues at international level. ICS/ISF website: www. ics-shipping. org
What is a Continuous Synopsis Record (CSR)?
A document which, under SOLAS regulation XI-1/5, as amended, must be issued by the flag State Administration to a ship engaged on international voyages, intended to provide an on-board record of the history of the ship with respect to the information recorded therein. A complete CSR comprises three forms: CSR Form 1 (or "CSR Document"); CSR Form 2; and CSR Form 3.
How should a master react when his ship is in a position of peril?
He should act with urgency in the interests of safety and pollution prevention, rather than delay any action in the hope that the situation may improve.
Can a Port State Control Officer also enforce national regulations of the port State which deal with non-convention matters?
Yes, but enforcement of a national law that does not implement a "relevant instrument" (i. e. a convention or code containing port State control provisions) would be outside the scope of the port State control inspection. For example, an MCA surveyor carrying out a port State control inspection of a non-UK ship in a UK port, and believing the master to be drunk, has powers to enforce the alcohol-related provisions of Part 4 of the Railways and Transport Safety Act 2003, although this UK legislation is not a "relevant instrument" listed in the Paris MoU.
What is a flag State?
A State whose flag a vessel is entitled to fly.
On arrival in the UK, where and when must report be made to Customs?
Report must be made a designated place (either a Customs office or Customs post box) within 3 hours of the ship reaching its berth.
What are "recognised subjects of salvage", as mentioned in the last answer?
Ships; ships' equipment or stores; bunkers; cargo; human lives (if property is also saved). Freight at risk also contributes to salvor's reward.
Who is in charge in a salvage operation - the master of a disabled ship or the master of a salvage tug rendering assistance?
The master of the disabled ship is legally in charge of the salvage operation, although the master of the salvage tug will, in practice, be the expert. The salvage tug's owners are the contractors to the shipowners.
A loaded tanker has become disabled off a lee shore. A powerful anchor-handling supply vessel quickly offers salvage assistance on Lloyd's Open Form terms. Should the master immediately accept the offer?
Not unless his vessel is in a position of imminent peril and there is no time to contact the owners.
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