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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 138
Q. 1371) Is iopc under imo ?
X
No
- The 1992 Fund is governed by an Assembly composed of representatives of the Governments of all its Member States. The Assembly holds an ordinary session once a year. It elects an Executive Committee made up of 15 Member States. The main function of the Executive Committee is to approve the settlement of claims for compensation.
- The Supplementary Fund has its own Assembly which is composed of all States that are Members of that Fund whereas the 1971 Fund, which is in the process of being wound up, has an Administrative Council which is composed of all former Member States.
- Organisations connected with the maritime transport of oil, such as those representing shipowners, marine insurers and the oil industry, as well as environmental organisations, are represented as observers at the IOPC Funds’ meetings. Decisions by the IOPC Funds’ governing bodies are, however, taken solely by the representatives of the Governments of the Member States.
- The 1992 Fund Assembly appoints the Director of the IOPC Funds, who is responsible for the operation of the three Funds and has extensive authority to take decisions regarding the settlement of claims. The Funds have their headquarters in London and are administered by a joint Secretariat.
Q. 1372) What do you know abt bwm (ballast water management) ? when will it enter into force ?
XQ. 1373) Person dies onboard . as per ms act whom will you inform ? why next of kin and how ?
X
Q. 1374) You have a twin scre propellor .how will you execute short turn to stb ?
XQ. 1375) 3 million usd as guarantee if salvage operation invokes scopic. how will you settle if expenses are more or less than this amount
XIf at any time after the provision of the Initial Security the Contractor reasonably assesses the SCOPIC remuneration plus interest and costs due hereunder to be greater than the security in place, the Contractor shall be entitled to require the owners of the vessel to increase the security to a reasonable sum and the owners of the vessel shall be obliged to do so once a reasonable sum has been agreed.
Q. 1376) If enhanced survey exists what is the need of CAS ?
X
CAS is intended to complement the requirements of the Enhanced Survey Programme (ESP), and should be undertaken in conjunction with the Enhanced Survey Programme of Inspections, concurrent with intermediate or renewal surveys currently required by Resolution A.744(18), as amended. The first such assessment should be carried out concurrent with the first scheduled Classification Intermediate or Special Survey due after 5 April 2005, or when the ship reached 15 years of age, whichever occurs later.
Q. 1377) Who is a wreck receiver ? in what conditions receiver can sell off the wreck ? where does this money goes ?
XDeputy Conservator in Indian ports, also PO MMD can become the receiver of wreck. He can sell the wreck after no claim by the owner in 1 year. He can also sell if it is less than Rs.500 and also if it is no point of any advantage keeping the wreck. The money goes to GOI
The Merchant Shipping (Wrecks and Salvage) Rules, 1974
Wreck receiver could be Deputy Conservator or Harbour Master or for minor ports the the district magistrate.
Where the estimated value of any wreck exceeds five hundred rupees, the receiver may, in addition to the notification referred not to in sub-rule (1), publicise the wreck by an advertisement in three or a consecutive issues of at least two news papers which have a wide circulation in the Mercantile Marine Department District concerned.
Sub-rule (1)-
Every such notification shall be issued within forty eight hours of taking possession of the wreck and be displayed on the notice board in the office of the receiver for not less than fourteen days. A copy of every such notification shall be sent to the principal officer.
Any rightful owner of a wreck, who has established his title to a wreck or any part I thereof or the sale proceeds of such wreck or part thereof to the satisfaction of the receiver in accordance with the provisions of these rules, shall be under an obligation to pay to the receiver salvage charges, any other expenditure properly incurred by the receiver for the recovery, preservation or safety of the wreck and fees payable to the receiver under rule 27.
Receiver may sell any unclaimed wreck which attracts the provisions of section 398 of the Act in accordance with the provisions of rule 15.
- No wreck which does not attract the provisions of section 398 of the Act, may be sold except under instructions in writing from the Central Government or any other officer authorised by it in this behalf. In respect of every such wreck receiver shall seek instructions from the Central Government or any other officer authorised by it in this behalf through the principal officer immediately after expiry of 12 months from the date of taking possession of the wreck.
Procedure for the sale of a wreck
(l) A receiver shall not sell any wreck otherwise than by public auction. Every such sale shall be made on as is where is basis with purchaser assuming full responsibility for any taxes payable to Government or port authorities and for encumberance on the wreck such as maritime liens.
(2) A notice for sale of a wreck shall be published not less than fourteen days in advance of the appointed date of sale, in three consecutive issues of at least two daily news papers having a wide circulation in the Mercantile Marine Department District concerned. Every such notice shall include
(a) the description of the wreck under sale, its site and other known details, if any;
(b) the percentage of the auction price that shall have to be paid as down- payment immediately after the conclusion of the auction;
(c) the period within which the balance amount shall be payable by the successful bidder;
(d) any other details as may be deemed necessary depending upon the nature of the wreck being sold and the circum stances under which it is being sold;
(e) a provision reserving right in the receiver to reject highest bid or to postpone or cancel the sale without assigning any reason there for;
(f) a provision to the effect that amount of down-payment referred to in clause (b) shall be liable to forefeiture, should the successful bidder fail to effect full and final payment of the balance amount the period stipulated in clause (c )
Q. 1378) Will you load a damaged container ? if no then how will you defend yourself ?
XNo will not load as per CSC convention. Take photographs and inform the owners, P&I club and then refuse to load.
Q. 1379) Situation - restricted visibilty .you hear fog horn fwd of beam and both radar not working ? action ?
XAssuming the other precautionary measures are in place, as per rule 19e - Except where it has been determined that a risk of collision does not exist, every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of her beam, shall reduce her speed to be the minimum at which she can be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme caution until danger of collision is over- you should-
a. determine if risk of collision exists
b. if risk exists then slow down/take all way off.
Q. 1380) What is clause paramount ? why is it mentioned in the charter party when the same is there also in B / L ?
XClause Paramounts inserted in all C/P and has the effect of Incorporating Hague or Hague Visby or Hamburg Rules to the contract of Carriage.
Clause Paramounts requires that all B/L issued to incorporate such Rules/Act so that the Consignee (who may be in some other country) always knows the rules under which carriage is done. The same is also inserted in C/P so that the Shipowner and Charterer agree to the condition of Carriage prior signing the C/P.
