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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 121
Q. 1201) What are observations and findings ?
X
Observation: 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. 1202) Cesser clause ?
X
Where 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. 1203) Hvr does not apply to deck cargoes then how are timber cargoes carried ?
XWhere goods are, with the shipper’s agreement, stowed on deck, the carrier (or the master or agent on his behalf) should issue a bill of lading expressly recording the fact that the goods are carried on deck (e.g. by a “STOWED ON DECK” endorsement on the face of the bill) so that there is no doubt as to the special risks of the carriage. Any innocent transferee or endorsee of the bill of lading acting in good faith (e.g. a bank or third party buyer) will then know the risks attaching to the goods. (It would be unfair to transfer a bill of lading relating to deck cargo without declaring to the transferee that the goods are on deck and may therefore be damaged.)
Where shippers and or charterers insist on the vessel
carrying such timber on the weather-deck, masters should
issue a clear note of protest, ensure that all mate%u2019s receipts
are claused accordingly, accept no letters of indemnity,
and instruct the local agents to clause the bills and act
accordingly.
Masters who allow themselves to be persuaded to do less
than is necessary in the line of stowage and securing
arrangements %u2013 for whatever reason %u2013 become everybody%u2019s
scapegoat when cargo is lost overboard, the ship%u2019s structural
seaworthiness is breached, and the port of refuge/re-stowage
/ship repair/deviation delay and legal costs come home to
roost. Stand your ground, and have things done properly.
Hague Visby Rules apply to the deck cargo when:the Bill of Lading bears a notation on its face referring to the fact that the cargo is stowed on deck but in addition to this contains a clause which provides that Hague Visby Rules apply to the deck cargo.
Q. 1204) What is PSC mou ?
XRegional cooperation among port States has led to the concluding of Memoranda of Understanding or MOUs, to promote and realize more effective PSC for a given region.
Q. 1205) C1 , c2 and c3 marking on stp ships ?
XAs per MS(Construction and Survey of Passenger Ships) Rules, 1981 rule 25, C1 is the principle subdivision load line and if the ship is provided with other load lines they shall be marked as c2, c3....and so on.
Q. 1206) What are layup returns in insurance ?
XThe Institute Time Clauses - Hulls 1/10/83 allows for lay-up returns to be reimbursed by underwriters. A lay-up return is a return of premium for the period a vessel is laid-up either in a port or a specified lay-up area.
The amount of return will depend on whether the vessel is under repair or not and the number of crew on board. Theoretically, the percentage is fixed at the outset of the policy, however the underlying annual rate is usually higher where such lay-up returns are allowed. This is in contrast to a "Cancelling Returns Only" (CRO) designated policy where the annual rate will be lower but the Assured continues to pay full premium during the lay-up. This decision, which must be taken at the outset of the policy, has in recent times not been an issue for the majority of owners because freight rates were high and vessels were rarely being laid-up, hence CRO was almost invariably being taken to reduce annual premium costs.
Q. 1207) What is mas ?
X
WHEN REQUIRED ?
Guidelines for Coastal States
4.1 Resolution A.950(23) outlines the situations in which the services of the MAS are involved; they are:
.1 the ship is involved in an incident (e.g., loss of cargo, accidental discharge of oil, etc.) that does not impair its seakeeping ability but nevertheless has to be reported;
.2 the ship, according to its Master’s assessment, is in need of assistance but not in a distress situation (about to sink,fire developing, etc.) that requires the rescue of those on board; and
.3 the ship is found to be in a distress situation and those on board have already been rescued, with the possible exception of those who had remained aboard or have been placed on board to attempt to deal with the ship’s situation.
WHO CONTROLS IT IN INDIA?
The Directorate General of Shipping (DG Commcentre) is the Maritime Assistance Service (MAS) nodal point in India complying under IMO Resolution A. 950 (23).
The DG Comm. Centre operates as MAS (Maritime Assistance Services) on 24 x 7 basis and should be contacted as advised above. The full style is as follows:
DG Commcentre,
Tel: 0091 22 2261 0606, 2261 4646, 32959320
Fax: 0091 22 2261 3636
E-mail: dgcommcentre@satyammail.net; dgcommcentre@vsnl.net
