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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 119
Q. 1181) Latest amendments of COGSA ?
X
1. The Act has been extended to the new Provinces and Merged States and union territories
2. "Goods" includes any property including live animals as well as containers, pallets or similar articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under deck
3. A suit may be brought after the expiry of the period of one year, within a further period of not more than three months as allowed by the court".
4. Neither the carrier nor the ship shall be entitled to the benefit of limitation of liability if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.
5. For the words and figures "amount exceeding 100 Per package or unit", the words and figures "amount exceeding 666.67 Special Drawing Rights per package or unit or 02 Special Drawing Rights per kilogram of gross weight of the goods lost or damaged, whichever is higher" shall be substituted;
Q. 1182) Smelling of ground ?
X
Occurs when a ship is nearing an extremely shallow depth of water, such as a shoal. The ship is likely to take a sudden sheer first towards it and then away from it into deeper water known as smelling the ground.
In a narrow passage or canal it can produce a dangerous sheer towards the opposite shore or bank, but it can be beneficial if the water opposite the shoal is deep and safe.
Q. 1183) What are quartering seas ? what are the disadvantages ?
XWhen the vessel has seas coming from quarter then it is known as Quartering seas. May result into Pooping and Broaching and finally capsizing the vessel.
This MSC circular is also very informative for rolling and following seas. http://www.imo.org/blast/blastDataHelper.asp?data_id=17414&filename=1228.pdf
Q. 1184) What are observations and findings ?
XObservation: A statement of fact made during a safety management audit and substantiated by objective evidence. It may also be a statement made by the auditor referring to a weakness or potential deficiency in the SMS which, if not corrected, may lead to a non-conformity in the future.
Q. 1185) Cesser clause ?
XWhere the charterers are not the owners of the goods but is acting only as an agent or broker for the loading of another party's goods, he will probably be anxious to ensure that his liability for the cargo ceases once it is loaded. This is usually expressed in a Cesser Clause stating that "...charterer's liability will cease on shipment of cargo and payment of freight, deadfreight and demurrage", i.e. sums incurred at the loading port.
The shipowner, however, will not want to find himself without a remedy for any breach of contract or damage done to his vessel after the charterer's liability has ceased, and will want legal recourse against another party, who will usually be the receiver of the goods. Therefore, if a Cesser Clause is incorporated in the charter party, a Lien Clause will also be included giving the owners the right to retain possession of the goods at the discharge port until outstanding debts are paid.
Q. 1186) A company has ships registered with different flag states. how many doc will it have ?
XIf One flag approves the DOC of the other it will only have 1 DOC else as many as Flag states.
Capt. menon was not very happy with this condition and he said there is a particular condition which no candidate knew ...
Q. 1188) When are the dynamic / static test of lifeboat done ? what about the impact and drop test of lifeboat ?
XQ. 1189) Type of ships as per loadline ?
XType A ship is one which:
%u2022 is designed to carry only liquid cargoes in bulk;
%u2022 has a high integrity of the exposed deck with only small access openings to cargo compartments, closed by watertight gasketed covers of steel or equivalent material; and
%u2022 has low permeability of loaded cargo compartments.
A Type A ship is to be assigned a freeboard following the requirements reported in the International Load Line Convention 1966, as amended.
Type B ship
All ships which do not come within the provisions regarding Type A ships stated in [3.21.1] are to be considered as Type B ships.A Type B ship is to be assigned a freeboard following the requirements reported in the International Load Line Convention 1966, as amended.
Q. 1190) Does a state contribute in fund ? how is it decided how much to contribute ?
XThe 1992 Fund is financed by contributions levied on any person who has received in one calendar year more than 150 000 tonnes of crude oil and heavy fuel oil (contributing oil) in a State Party to the 1992 Fund Convention.
The levy of contributions is based on reports of oil receipts in respect of individual contributors. Member States are required to communicate every year to the 1992 Fund the name and address of any person in that State who is liable to contribute, as well as the quantity of contributing oil received by any such person. This applies whether the receiver of oil is a Government authority, a State-owned company or a private company. Only persons having received more than 150 000 tonnes of contributing oil in the relevant year should be reported.
The Fund Secretariat estimates the amount required for the following year for compensation payments and administrative costs. The decision on the total amount required is taken by the Assembly. This amount is divided by the total quantity of contributing oil received in the Member States. This gives an amount per tonne of oil received. The quantity of oil received by each contributor is multiplied by the amount per tonne to get the amount in pounds sterling which has to be paid by that contributor.
http://www.iopcfund.org/finance.htm
http://www.iopcfund.org/npdf/genE.pdf
