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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 132
Q. 1311) Diference between note of protest and letter of protest ?
X
What is a letter of protest?
A written communication recording dissatisfaction on the part of one party concerning any operational matter over which the recipient or other party has control, and holding the other party responsible for the consequences of the matter being complained of. Most commonly a protest is in connection with cargo, although one may be written about almost any matter. It may help to substantiate a claim by owners (or refute a claim by charterers, harbour authority, etc. ), and may prove useful, if properly filed, when a dispute is being resolved long after the related event. A letter of protest should not to be confused with a note of protest (or sea protest) noted or lodged with a consul or notary public.
Q. 1312) Is marine insurance compulsory ? why is it called an act ? why is it required ?
XQ. 1313) What is maritime fraud ? what are the steps to check the charter party frauds ?
XMaritime fraud occurs when one of the parties involved in an international trade transaction like the buyer, seller, shipowner, charterer, ship’s master or crew, insurer, banker, broker or agent illegally secures money or goods from another party to whom, on the face of it, he has undertaken specific trade, transport and financial obligations.
To check the c/p frauds all care should be taken by the master while issuing any b/l under that c/p to provide the true description of goods on the b/l. If any letter of authority is given to the agent for signing the B/L then such letter of authority should clearly mention the description of the goods so that he may not make any false declaration on behalf of the master
Kapoor then goes on to define maritime fraud as follows:
'Maritime fraud is a generic term commonly used to describe the obtaining of money, or services, or property in the goods, or a pecuniary advantage by one or more parties to a transaction from the other party or parties, by unjust or illegal means
Types of Maritime Frauds-
1. Documentary frauds - Some or all documnets specified by buyer for presentation by the seller to the bank to receive payment are forged.
2. Shipping frauds - scuttling, deviatoin, arson or accidental fires in which vessel or cargo is disposed off with the connivance of her owners.
3. Charterparty frauds - when one or two contracting parties default leaving the other to clear the mess. the contracting parties for a time or voyage charter are ship owner, charterer and cargo owner.
4. Theft of cargo by crew
The International Maritime Bureau (I.M.B.) defines maritime fraud as follows:
'An international trade transaction involves several parties - buyer, seller, shipowner, charterer, ship's master or crew, insurer, banker or agent. Maritime fraud occurs when one of these parties succeeds, unjustly and illegally, in obtaining money or goods from another party to whom, on the face of it, he has undertaken specific trade, transport and financial obligations.
Q. 1314) When did MARPOL annex 4 and annex 6 entered into force ?
X
An up to date list of Status of all Convention can be found at
http://www.imo.org/Conventions/mainframe.asp?topic_id=247
Q. 1315) Latest amendments of ROR ? what is wig ? difference btw wig , air cushion and sea plane ?
XQ. 1318) Bonding wire ? what does isgott say ?
XIn the past, it was usual to connect the ship and shore systems by a bonding wire via a flameproof switch before the cargo connection was made and to maintain this bonding wire in position until after the cargo connection was broken. The use of this bonding wire had no relevance to electrostatic charging. It was an attempt to short-circuit the ship/shore electrolytic/cathodic protection systems and to reduce the ship/shore voltage to such an extent that currents in hoses or in metal arms would be negligible. However, because of the large current availability and the difficulty of achieving a sufficiently small electrical resistance in the ship/shore bonding wire, this method has been found to be quite ineffective for its intended purposes and, furthermore, a possible hazard to safety. The use of ship/shore bonding wires is therefore not supported.
While some national and local regulations still require mandatory connection of a bonding cable, it should be noted that the IMO %u2018Recommendations for the Safe Transport, Handling, and Storage of Dangerous Substances in Port Areas%u2019 urge port authorities to discourage the use of ship/shore bonding cables and to adopt the recommendation concerning the use of an insulating flange or a single length of non-conducting hose as described above. Insulating flanges should be designed to avoid accidental short circuiting.
Q. 1319) What are the limits of liability as per opa -90 ?
XEffective from 31 July the new limits of liability are;
For a single-hull tank vessel less than or equal to 3,000 gross tons, the greater of $3,200 per gross ton or $6,408,000.
For a single-hull tank vessel greater than 3,000 gross tons, the greater of $3,200 per gross ton or $23,496,000.
For a tank vessel less than or equal to 3,000 gross tons, other than a single hull tank vessel, the greater of $2,000 per gross ton or $4,272,000.
For a tank vessel greater than 3,000 gross tons, other than a single-hull tank vessel, the greater of $2,000 per gross ton or $17,088,000.
For any other vessel, the greater of $1,000 per gross ton or $854,400
Q. 1320) Stowaways are governed by which convention ? briefly explain ?
X
The Brussels convention of 1957 never entered into force.
In January 2002 the IMO (International Maritime Organization) decided to amend the 1965 Convention on Facilitation of International Maritime Traffic (FAL convention), to include standards and recommended practices for dealing with stowaways. The standards and recommended practices for stowaways are based on the Guidelines on the Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases, adopted in 1997, which set out the basic principles to be applied in stowaway cases. The 2002 amendments entered into force on May 1st 2003 and are the first binding regulations concerning stowaways.
