MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 128

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The Hamburg Rules are an updated and more cargo-friendly version of the Hague and Hague-Visby Rules. They came into force on 1 November 1992. However, they have not been adopted by any of the major trading nations.

The Hague-Visby Rules attach to contracts covered by bills of lading; the Hamburg
Rules attach to all contracts of carriage by sea except charter parties. Therefore,
waybills will fall within the ambit of the Hamburg Rules, whereas they would
generally fall outside the scope of the Hague-Visby Rules.

Under Art 2(1) of the Hamburg Rules, all contracts of carriage by sea between
different states will be subject to their provisions if either:
%u2022 the port of loading is in a Contracting State; or
%u2022 the port of discharge, including an optional port of discharge that becomes an
actual port of discharge, is in a Contracting State; or
%u2022 the bill of lading, or other document evidencing the contract of carriage, is issued
in a Contracting State; or
%u2022 the bill of lading or other document evidencing the contract of carriage by
sea incorporates the Hamburg Rules or the legislation of any State giving effect
to them.
The major changes from the Hague-Visby regime are that the port of discharge is now significant and not only the port of loading, and contractual documents other than bills of lading are brought within the ambit of the Rules.

The Hague-Visby regime focuses on the liability of the carrier, which may be either a shipowner or a charterer, but not both simultaneously. Under the Hamburg Rules, the position is changed, for Art 10 subjects both the contractual carrier and the actual carrier to the Rules. Under Art 10(1), the contractual carrier remains responsible
for the part of the contract performed by another carrier (the actual carrier).

The actual carrier will be liable only for the part of the contract of carriage that it personally performs. This would cover other shipowners where the contracting carrier exercises a  contractual liberty to trans-ship. It would also cover a shipowner where a time charterers bill of lading is issued.

The Hague-Visby Rules apply only to contracts of carriage by sea. Their ambit is limited to the period starting with the commencement of loading and terminating with the completion of discharge. In contrast, Art 4(1) of the Hamburg Rules provides that:
The responsibility of the carrier for the goods . . . covers the period during which the carrier is in charge of the goods at the port of loading, during the carriage and at the port of discharge.
Therefore, the Hamburg Rules will extend to any period of storage at the port of
loading in the carrier%u2019s custody prior to actual loading and any equivalent period at the port of discharge prior to taking of delivery.

The Hamburg Rules dispense with the two-pronged liability scheme of the Hague-
Visby Rules in favour of a unitary system. Under Art 5, once the claimant can prove that the loss or damage took place while the goods were in the charge of the carrier, as defined by Art 4, the carrier will be presumed to be liable for the loss or damage.
Delay is treated as a separate head of liability under Art 5(1) and has its own special limitation figure in Art 6. The presumption of liability under Art 5 can be rebutted only if the carrier proves that he, his servants or agents took all measures that could reasonably be required to avoid the occurrence and its consequences. The exceptions
provided by Art IV(2) of the Hague-Visby Rules have no equivalent in the Hamburg
Rules. Consequently, a negligent carrier who could have relied on Art IV(2)(a) of the Hague and Hague-Visby Rules would no longer be able to escape liability under the Hamburg Rules.

The Hamburg Rules provide only two exceptions to the carrier who is unable to
rebut the presumption of fault.
1. Fire
Where goods are lost or damaged by fire, Art 5(4) provides that the carrier will be
liable only if the claimant can prove that the fire arose from the fault or neglect on the part of the carrier, its servants or agents.

2. Live animals
With carriage of live animals, the carrier is not liable under Art 5(5) for loss, damage or delay arising out of any special risk inherent in that kind of carriag. If the carrier can prove that the damage was caused by such a risk and that it complied with any special instructions given by the shipper, the burden of proof will shift to the claimant
to prove negligence on the part of the carrier. If it fails to discharge this burden, the carrier will escape liability.


Deck cargo
Unlike the position with the Hague and Hague-Visby Rules, deck cargo under the
Hamburg Rules is treated in exactly the same way as any other cargo in that its carriage cannot be taken outside the ambit of the Hamburg Rules. Article 9(1) provides that cargo may be carried on deck either in accordance with agreement with the shipper or
the usage of a particular trade, or if required by statutory rules or regulations.

Article 6(1)(a) provides a package limitation of 835 Special Drawing Right (SDR)) with an alternative of 2.5 units of account per kg of the gross weight of the goods. The claimant may choose whichever basis
yields the higher figure. The Hamburg Rules limit amount to a 25 per cent uplift of the equivalent Hague-Visby figures

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In 1971 UNCTAD recommended that a new international conference be called under the united nations auspices. A new set of rules were prepared by the UNICITRAL and was adopted in hamburg in 1978, tehese rules are called Hamburg Rules, cma into force from 01st Jan 1992.

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Both are same

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Vina Del Mar

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1. Single up to a spring line F and A
2. Slack fwd spring, Hard port, kick ahead.
3. vl will swing to port, the onshore will wind will help by acting more on the accommodation block.
4. Once the vl ahead comes on stbd bow, let go all lines, mid ship rudder, dead slow ahead and come out clear.

Note- In the single up position the vl is safely held by the spring lines since they provide the largest proportion of longitudinal restraint and the onshore wind keeps the vl alongside.

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Mariners who passed said that they will give a short kick with Port Rudder, let it swing a little port and a little ahead, drop port anchor to stop onshore drift and then Astern kick to clear ...While Capt menon was not very happy with this but he agreed to it.

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Refer
Book : The Theory and Practice of Seamanship
Edition : 11
Author : Graham Danton
Pg No. : 23

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  pg no. 102, instead of 23

  Amit Kaushik | 21-Nov-2012 07:54 | EDIT | REPLY

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let go all lines fwd aft except aft aft springs and 1 breast line. give shot kick ahd andwith rudder hard stbd.when bow clears well from vsl ahd. then let all lines aft, with on shore wind stern will move to stbd. and with ahd and stbd movement vsl can cast off easily. bt if wind speed is very high donotunberth till wind subsides.

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Make sure all shore cranes and gantries have been cleared away from ur shipside.Cast of all lines aft, keep only 1 headline and 1 fwd spring. make sure ur springline is tight(this can be done by heaving ur headline) and give a kick ahead. This will cause an effect of moving the stern out and the bow will close in towards the berth. A close watch must be kept on ur bulbous bow. When ur stern has moved out sufficiently,give a stern movement and simultaneously cast off all lines. Give a stbd helm while doing so, so as to counter the transverse thrust.

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The first stage in every SAR incident is the establishment of a geographical reference or DATUM for commencing the search and depends upon:
Reported position
Time of incident
Any bearings or sightings
Time interval between the incident and arrival of SAR facilities
Size, type and condition of the search object
Estimated surface movements of the distressed craft or survival craft, depending on drift

Liferaft Leeway is calculated from IAMSAR Vol III table.


Time interval is the interval between the incident time or last computed datum and the commencement of search time. This emphasises the requirement of working out the ETA precisely.

In order to search effectively, units have to cover the search area following designated tracks. The distance between adjacent tracks is called track spacing. The IAMSAR manual provides tables for recommended track spacing based upon meteorological visibility. Track spacing is dependent upon:
Size of the search object
Type of the search object
Meteorological visibility
Sea state/condition
Time of the day (day/night/twilight)
Position of the sun
Effectiveness of the observers (height, etc)
Number of assisting craft


Recommended track spacing for merchant vessels are give in a table in IAMSAR Vol III, entering with Search Object & Meteorological visibility.
Weather correction factor is then found out from the next table.

If Wind from 0 to 15 kt or seas 0 to 1 m then the  Weather correction factor is 1.0 for Person in water and Liferaft.

Track spacing (S) = Recommended track spacing x Weather correction factor

If search units are in the immediate vicinity and arrive on scene very rapidly and commence the search, use radius of 10NM, draw circle and box with tangents.


CALCULATED SEARCH AREA (A)
Where time is available for computation, the area is:
A = Track space (S) x Search speed (V) x Time (T)

A ship with a speed of 14 knots and planning to search for 2 hours for the 25 person liferaft, can search an area = 4.7 x 14 x 2 = 131.6 NM2


Where more than one unit is available, their individual areas can be added to obtain the total area that can be searched:
At = A1 add  A2 add etc



SEARCH PATTERNS

1. Expanding square
Can only be used by a single ship and is often appropriate for vessels  to use when searching for persons in the water or other search objects with little or no leeway. It is most effective when the location of the search object is known within relatively close limits. The commence search point (CSP) is always the datum position.


2. Sector Search  
It is used to search a circular area centred at the datum and can only be used by only one craft at a time at a certain location.It is most effective when the position of the search object is accurately known and the search area is small. It is most appropriate after man overboard incident immediate action for searching the person.
CSP is where the search unit enters the area. Sectors are marked from datum as 1st, 2nd, 3rd, and the course alterations are 120deg. After initial search, the pattern is oriented 30deg in the direction of turn.


3. Parallel Sweep
It is employed where a large area has to be searched and survivor location is uncertain.
The area may be assigned to individual search units on-scene at the same time, after it is divided into smaller sub-areas.
CSP for each ship is S/2 inwards from edge of the area. All turns and outer most legs are planned at not more than S/2 inwards of the edges.


If there is uncertainty about the position of the distressed unit and significant time has lapsed since the incident, wind effect on the search object may be different.
There may be a number of other factors that introduce errors in the calculations. Search planners allow for these factors and work out maximum allowable error radius for each of the three datum points. These radii are used to draw error circles from the three datum points. The search area is then obtained by enclosing the error circles in the smallest possible rectangle. In actual fact there may be a numerous datum points on the arc between the down wind and two extreme datum points.