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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 135
Q. 1341) Criteria for permanent and associate member of iacs ?
X
IACS now has 13 members including IRS.
There is no permanent or associate membership anymore, its just membership.
IACS Membership Criteria are as follows given in IACS charter:
(i) Demonstrated ability of the Classification Society to develop, apply, maintain, regularly up-date and publish its own set of classification rules in the English language covering all aspects of the ship.
(ii) Demonstrated ability to provide surveys of ships under construction in accordance with the Classification Societys rules and periodic surveys of ships in service, including statutory surveys in accordance with IMO and Flag State requirements; classification process (design appraisal, construction survey and ships-in-service periodical survey);
(iii) Sufficient international coverage by exclusive surveyors relative to the size of the Classification Societys construction programme and classed fleet in service;
(iv) Extensive documented experience in assessing the design and construction of ships
(v) Significant in-house managerial, technical, support and research staff commensurate with the size of the Classification Societys classed fleet and its involvement in the classification of ships under construction
(vi) Technical ability of the Classification Society to contribute with its own staff to the work of IACS in developing minimum rules and requirements for the enhancement of maritime safety
(vii) Contribution of the Classification Society on an ongoing basis with its own staff to the work of IACS as described in (vi) above
(viii) Maintaining in electronic form and updating at least annually a register of classed ships in the English language
(ix) Independence from ship-owning, ship-building and other commercial interests which could undermine the Classification Societys impartiality
(x) Compliance with the IACS Quality System Certification Scheme.
To become an associate member of IACS it requires the following:
- Minimum 15 years of experience.
- More then 750 sea going vessel.
- Total Gross Tonnage must be minimum 2 million.
- Should have 75 surveyors and 50 technical staff.
There are several classification societies working all over the world but minimum requirements to become a full member of IACS are:
- Minimum 30 years of experience.
- More then 1500 sea going vessels registered.
- All vessels must be over 100 GT with total 8 million GT.
- Should have 150 exclusive surveyors and 100 technical staff.
Q. 1343) Requirements of EEBD ?
XThe EEBD should have at least a duration of service of 10 min.
The EEBD should include a hood or full face piece, as appropriate, to protect the eyes, nose and mouth during escape. Hoods and face pieces should be constructed of flame resistant materials, and include a clear window for viewing.
An unactivated EEBD should be capable of being carried hands-free.
The EEBDs, when stored, should be suitably protected from the environment.
Brief instructions or diagrams clearly illustrating the use should be clearly printed on the EEBD. The donning procedures should be quick and easy to follow for situations where there is little time to seek safety from the hazardous atmosphere.
MSC/Circ.1081
I:\CIRC\MSC\1081.DOC
ANNEX
UNIFIED INTERPRETATIONS OF SOLAS REGULATIONS II-2/13.3.4 AND II-2/13.4.3
Regulation 13.3.4 Emergency escape breathing devices (EEBD)
The minimum number of EEBDs to be kept within accommodation spaces should be as follows:
.1 for cargo ships: two (2) EEBDs and one (1) spare EEBD;
.2 for passenger ships carrying not more than 36 passengers: two (2) EEBDs for each
main vertical zone, except those defined in the regulation 13.3.4.5, and a total of two
(2) spare EEBDs; and
.3 for passenger ships carrying more than 36 passengers: four (4) EEBDs for each main
vertical zone, except those defined in the regulation 13.3.4.5, and a total of two (2)
spare EEBDs.
Regulation 13.4.3 Emergency escape breathing devices (EEBD)
1 This interpretation applies to machinery spaces where crew are normally employed or may
be present on a routine basis.
2 In machinery spaces for category A containing internal combustion machinery used for main
propulsion, EEBDs should be positioned as follows:
.1 one (1) EEBD in the engine control room, if located within the machinery space;
.2 one (1) EEBD in workshop areas. If there is, however, a direct access to an escape
way from the workshop, an EEBD is not required; and
.3 one (1) EEBD on each deck or platform level near the escape ladder constituting the
second means of escape from the machinery space (the other means being an
enclosed escape trunk or watertight door at the lower level of the space).
Alternatively, different number or location may be determined by the Administration taking into
consideration the layout and dimensions or the normal manning of the space.
3 For machinery spaces of category A other than those containing internal combustion
machinery used for main propulsion, one (1) EEBD should, as a minimum, be provided on each deck
or platform level near the escape ladder constituting the second means of escape from the space (the
other means being an enclosed escape trunk or watertight door at the lower level of the space).
4 For other machinery spaces, the number and location of EEBDs are to be determined by the
Administration.
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Q. 1344) If there is a wreck inside the channel , owners have abandoned it by notice of abandonment. what does the underwriter do ? do
XUnder a standard hull policy a shipowner is covered for the constructive or actual total loss of its ship. The collision liability clause of a standard hull policy specifically excludes liability for removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever.
If it appears unlikely that the ship can be recovered, or that it can only be recovered and
repaired at a cost that would exceed its value, then the ship may be declared an actual or constructive total loss. In the case of a constructive total loss, the shipowner will first have to give notice of abandonment of the ship to its insurers before being able to make a claim against them.
If the hull insurer was to accept the notice of abandonment, it would become liable for any subsequent consequences, such as wreck removal, and for this reason it generally declines such a notice. The outcome is that while the shipowner can recover the loss of its ship from its hull insurer, any liabilities are not transferred. The shipowner will remain liable for the raising, removal, destruction and lighting or marking of the wreck, not the hull insurer.
The Nairobi International Convention on the Removal of Wrecks, 2007, was adopted in May 2007. Its purpose is to provide a legal basis for states to have wrecks removed that may pose a threat to the marine environment or to the safety of vessels. The convention establishes uniform international rules to ensure decisive action can be taken to remove
wrecks that lie outside territorial waters. Once in force it will make shipowners liable for the
costs of wreck removal and require them to have insurance to cover this liability. It will also
allow states to take direct action against insurers.
Articles in the convention address procedures for reporting casualties to the nearest coastal state, issuing warnings to other vessels and the criteria for determining the extent of the hazards posed to shipping and the environment. The liability and obligations placed on the shipowner for locating, marking and removing a wreck identify when the shipowner is responsible and when the state may intervene.
Note- India has ratified the convention but it has not yet entered into force.
P&I cover for wreck removal
Where the shipowner is liable for the removal of a wreck, and the confirmed wrecked ship is located within the jurisdiction of a port or state, the law of which contains a valid and enforceable regulation compelling the shipowner to remove the wreck, the costs will be recoverable from the P&I club. This also applies to cargo or property from an entered ship, even if the ship itself has not become a wreck. For example, this could arise when the wreck blocks a channel or fairway used by other ships and constitutes a danger to navigation. The P&I club would also cover the shipowner in cases where it was required to light or mark the wreck or even have it destroyed.
Strictly speaking the P&I club is entitled to the full proceeds of the wreck. In practice, if the wreck is subsequently raised and sold for scrap the H&M underwriters would, subject to the terms of the total loss agreed with owners, be granted the residual value after the P&I club had recovered the costs of the wreck removal.
It is important to note that if the shipowner transfers its interests in the wreck or cargo or other property prior to the raising, removal, destruction, lighting or marking of the wreck, without the consent of the managers of the P&I club in writing there will be no recovery available.
Q. 1345) Diference between note of protest and letter of protest ?
XWhat 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. 1346) Is marine insurance compulsory ? why is it called an act ? why is it required ?
XQ. 1347) 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. 1348) How do you avoid TRS ? why less TRS in southern hemisphere ?
XSummary of observations and actions to avoid TRS
In North Hemisphere
Observation - Wind veering means vl in Dangerous semi-circle
Action - Wind 1-4 pts on stbd bow. Alter course to starboard as wind veers
In South Hemisphere
Observation - Wind backing- means vl in Dangerous semi-circle
Action - Wind 1-4 pts on port bow. Alter course to port as wind backs
Fast ship - Wind 1 pt on bow
Slow ship - Wind 4 pts on bow
Why less TRS in Southern Hemisphere ?
In general twice as many hurricanes form in the Northern Hemisphere than in the Southern Hemisphere.
The reason why more hurricanes form in the Northern Hemisphere is that the conditions favorable to hurricane development are more prevalent in the Northern Hemisphere than the Southern Hemisphere. These conditions include: warm ocean water and low wind shear. In the Southern Hemisphere Ocean temperatures are cooler and there is greater winds and hence wind shear that prevent formation of the cyclone.
The Southern Hemisphere oceans are cooler mainly because there is more ocean to warm in the Southern Hemisphere and partly due to the large Antarctic Ice Sheet in the south. Ocean water takes a lot more energy to heat than does the land surface. There is much more land is in the Northern Hemisphere than the Southern Hemisphere.
The winds are stronger in the South because the Northern Hemisphere is generally warmer; the larger temperature change with distance (or temperature gradient) causes winds to be stronger. The stronger winds cause what is known as wind shear that prevents the development of the cyclone. Thus wind shear is produced as winds blow preventing a tropical cyclone from developing.
Hurricanes need 3 main ingredients in order to form: warm ocean water, low air pressure, and low wind shear. These ingredients are readily available in the tropical waters of the northern hemisphere, especially in the warm, shallow Caribbean Ocean and Gulf of Mexico, as well as the central Pacific Ocean. These ingredients are more rare in the southern hemisphere. The Atlantic Ocean, for example, is much colder in the southern hemisphere. There is also more wind shear, which tends to tear storms apart before they can get organized into a hurricane.
Why no TRS in southern atlantic?
TRS can develop only when the ITCZ gets far enough from the equator to allow significant Coriolis rotation. Because the ITCZ is almost always north of the equator in the Atlantic, TRS are rarely observed in the South Atlantic.
(In March of 2004, the first South Atlantic tropical cyclone Catarina on record occurred. It struck Brazil and caused considerable damage. Some scientists suggest that global warming may result in more frequent South Atlantic cyclones in the future.)
