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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 137
Q. 1361) What is inchmaree clause ?
X
It is the duty of the assured, their servants and agents to take such necessary measures to prevent and minimize losses. Sue and labour charges are expenses incurred by the assured in preventing or minimizing loss or damage due to an insured peril. Underwriter will contribute to charges incurred under sue and labour.
A standard clause in maritime insurance contracts covering risk of events not directly linked to perils at sea such as, but not necessarily limited to, loading accidents.Named after a ship called the Inchmaree which suffered damage as a result of the breakdown of a pump.
Insurers to indemnify for 3rd part mistakes like Master, crew, Pilots, Surveyors, Stevedores, Dock Labours etc.
Q. 1362) What is isps ? how will you get issc ? under which condition will you get the interim issc ?
XThe International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the United States. The ISPS Code is implemented through chapter XI-2 Special measures to enhance maritime security in the International Convention for the Safety of Life at Sea (SOLAS), 1974. The Code has two parts, one mandatory and one recommendatory.
For all ships, a Ship Security Assessment (SSA) has to be done and based on this a Ship Security Plan (SSP) has to be developed. The SSP shall be approved by the Flag Administration or one of their RSOs. To implement the SSP onboard, an interim audit is done and an interim International Ship Security Certificate (ISSC) of 6 month validity is issued.
Upon successful completion of an initial or renewal audit, an ISSC is issued with 5 years validity. Intermediate audit is carried out between the 2nd and 3rd anniversary of the certificate.
Q. 1363) What are the criteria for intact stability ?
XThe intact stability of all vessels other than grain carriers is as follows;
a. The area under the GZ curve up to an angle of heel of 30deg not to be less than 0.055 m-rad.
b. The area under the curve up to an angle of 40 deg or angle of deck edge immersion (Whichever is less) not to be less than 0.09 m-rad.
c. The area under the curve between 30 deg and 40 deg or angle of deck edge immersion (whichever is less) not to be less than 0.03 m-rad.
d. The righting lever at an angle of heel of 30 deg shall not be less than 0.20 m.
e. The maximum righting lever shall preferable occur at an angle of heel of 30 deg but in no case at less than 25 deg of heel.
f. The initial metacentric height corrected for free surfaces (GM fluid) not to be less than 0.15m
For grain Carriers when carrying grain:
a. The angle of heel due to the shift of grain is to be not greater than 12° or the angle at which the deck edge is immersed, whichever is the lesser
b. In the statical stability diagram, the net or residual area between the heeling arm curve and the righting arm curve up to the angle of heel of maximum difference between the ordinates of the two curves, or 40° or the angle of flooding, whichever is the least, is in all conditions of loading to be not less than 0,075 m.rad
c. The initial metacentric height, after correction for the free surface effects of liquids in tanks, as specified in Pt B, Ch 3, Sec 2, [4], is to be not less than 0,30 m.
For passenger vessels in addition to the general stability criteria, the following:
a. The angle of heel due to crowding of passengers on one side may not exceed 10deg.
b. The maximum heel due to vessel turning shall not exceed 10deg.
Q. 1364) Crew injured on jetty. what is the procedure of investigation ?
XQ. 1365) Ror card -sailing vessel
XQ. 1366) What is attachment certificate with load line assignment ?
XQ. 1367) Indian vessel carry radio equipment under which conv / act ?
XQ. 1368) What is the process of getting cofr under opa and who gives cofr ? who gives the monetory guarantee bond for it ?
XCoFR is issued by NPFC estd by USCG under OPA-90. This is similar to CLC and is issued only if the owner/operator provides evidence of financial responsibility to pay for removal costs and damages up to the applicable limit of liability, which is based on the gross tonnage and type of the vessel (e.g., higher limits apply to tank vessels than cargo vessels).
Q. 1369) 2 ships collide in open sea .who will investigate ? what if none of the coastal state is threatened by pollution ?
XMATTER TO BE INVESTIGATED BY FLAG STATE .IF CASE OF POLLUTION THAN MATTER IS INVESTIGATED BY FLAG STATE OR CAOSTAL STATE CONCERNED BUT ON COMPLAINT BASIS
Protocol intervention comes in picture the ship is not fined by any coastal state but the flag state takes action against the vsl
Q. 1370) What is himalaya clause ?
XA shipmaster may also be liable in tort for a variety of civil wrongs claimed to have been done to third parties, an example being the successful suing by a passenger of the master of the P&O liner Himalaya in Adler v. Dixon (1954). As a result of the judgement in that case, many shipowners now insert a "Himalaya Clause" into their contracts of carriage or passage, in order to protect their servants and contractors from liability for wrongs committed during the course of their duties.
"No servant or agent or independent contractor from time to time employed by the carrier shall be liable to the owner of the goods for any loss or damage resulting from any act or negligence on his part while acting in the course of his employment."
A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to marine matters, and exclusion clauses in bills of lading for the benefit of stevedores in particular.
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