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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 138




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Asked 1 time (Latest on 11-May-2010)

Q. 1371) Particular average and particular charge .what is the difference ?

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    (1) A particular average loss is a loss of the subject-matter insured that is caused by a peril insured against and is not a general average loss, but does not include particular charges.
    Marginal note:Particular charges

    (2) Particular charges are expenses incurred by or on behalf of an insured for the purpose of preserving the subject-matter insured from a peril insured against, but do not include a general average loss or salvage charges.

    Prabhat Gupta | | EDIT | REPLY



      Asked 1 time (Latest on 11-May-2010)

      Q. 1372) What is nairobi convention and what is the main change which it is likely to bring ?

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        Nairobi convention means Nairobi International Convention on the Removal of Wrecks
        Adopted on 18 May, 2007. It is not yet in force. It  will provide the legal basis for States to remove, or have removed, shipwrecks that may have the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine environment specially in waters outside the territorial seas although a state may apply it in its territorial waters by informing IMO. Please refer to following link: http://www.imo.org/About/Conventions/ListOfConventions/Pages/Nairobi-International-Convention-on-the-Removal-of-Wrecks.aspx

        Akhil Bartaria | | EDIT | REPLY

          Asked 1 time (Latest on 11-May-2010)

          Q. 1373) Under what conditions are you required to inform the class ?

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            Asked 1 time (Latest on 11-May-2010)

            Q. 1374) Is class mandatory ?

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              SOLAS Ch II-1, Reg 3-1 states that, in addition to the requirements of the other (SOLAS)
              regulations, ships shall be designed, constructed and maintained in compliance with the
              structural, mechanical and electrical requirements of a Classification Society which is
              recognised by the Administration in accordance with the provisions of regulation XI/1 (see
              E2 below), or with applicable national standards of the Administration which provide an
              equivalent level of safety.

              Amey Gadgil | | EDIT | REPLY

                Asked 2 time (Latest on 11-May-2010)

                Q. 1375) What do you know about toca ?

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                  Rishi Kashyap
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                  Transfer of Class Agreement

                  Rishi Kashyap | | EDIT | REPLY
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                    Whenever a Society is requested by an Owner to accept an existing vessel into class,
                    the gaining Society is to immediately notify the Owner in writing that:
                    .1 the relevant surveys specified in are required to be satisfactorily completed for entry into class;
                    .2 for vessels less than 15 years of age, an Interim Certificate of Class can be
                    issued only after the gaining Society has completed: (i) all overdue surveys and (ii) all overdue recommendations / conditions of class previously issued against the vessel
                    as specified to the Owner by the losing Society;
                    .3 for vessels 15 years of age and over, an Interim Certificate of Class can be issued
                    only after the losing Society has completed: (i) all overdue surveys and (ii) all overdue recommendations / conditions of class previously issued against the vessel.
                    .4 any outstanding recommendations / conditions of class are to be dealt with by their due dates;
                    .5 the principles given in items .1, .2 and .3 above apply to any additional
                    recommendations / conditions of class issued against the vessel arising from surveys which were not included in the initial survey status provided to the gaining Society by the losing Society because the surveys were carried out in close proximity to the request for transfer of class. Such additional recommendations / conditions of class if received after the issuance of the Interim Certificate of Class by the gaining Society and which are overdue are to be dealt with at the first port of call by the relevant Society depending on the age of the vessel;
                    .6 copies of the plans  are to be provided to the gaining Society as a prerequisite to obtaining a full term Class Certificate.

                    Arjun Verma | | EDIT | REPLY

                      Asked 1 time (Latest on 11-May-2010)

                      Q. 1376) Procedure for removal of wreck from indian coast ?

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                        Asked 1 time (Latest on 11-May-2010)

                        Q. 1377) U have to take pilot at baltic enterance. owners say not to take and pilotage is not compulsory. what action and where are the gui

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                          if u think u must have a pilot - then use master's overriding authority as given in the company's safety management system as it is mandatory under ISM code element 5.2

                          Gaurav Gupta | | EDIT | REPLY

                            Asked 6 time (Latest on 11-May-2010)

                            Q. 1378) How is MARPOL annex 3 different from IMDG code ? where will you find the marine pollutant in IMDG code ?

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                              Suryamani Gautam
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                              The Annex also comprises general requirements to issue detailed regulations regarding packing, labelling, documentation, stowage, limits on size, etc to satisfy demands on safety and to reduce the risks of pollution by noxious substances. To facilitate for the accession the International Maritime Dangerous Goods Code (IMDG) has also been amended to include marine pollutants.

                              Suryamani Gautam | | EDIT | REPLY
                                Anshuman Sinhachaudhary
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                                Each substance defined as harmful to the marine environment is identified as marine pollutant in column 4 of its entry in the Dangerous Goods List

                                Anshuman Sinhachaudhary | | EDIT | REPLY

                                  Asked 3 time (Latest on 11-May-2010)

                                  Q. 1379) Is any state bound to take stowaway ? what if you can prove the nationality ?

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                                    RESOLUTION MSC.312(88) (adopted on 2 December 2010)
                                    REVISED GUIDELINES ON THE PREVENTION OF ACCESS BY STOWAWAYS AND THE ALLOCATION OF RESPONSIBILITIES TO SEEK THE SUCCESSFUL RESOLUTION OF STOWAWAY CASES


                                    It is the responsibility of the State of first port of call according to the voyage plan after the discovery of the stowaway:
                                    .1 to accept the stowaway for examination in accordance with the national laws of that State and, where the competent national authority considers that it would facilitate matters, to allow the shipowner and the competent or
                                    appointed P&I Club correspondent to have access to the stowaway;
                                    .2 to favourably consider allowing disembarkation and provide, as necessary
                                    and in accordance with national law, secure accommodation which may be
                                    at the expense of the shipowner, where:
                                    .1 a case is unresolved at the time of sailing of the ship, or
                                    .2 the stowaway is in possession of valid documents for return and
                                    the public authorities are satisfied that timely arrangements have
                                    been or will be made for repatriation and all the requisites for transit fulfilled, or
                                    .3 other factors make it impractical to remove the stowaway on the
                                    ship of arrival; such factors may include but are not limited to cases where a stowaway's presence on board would endanger the safe and secure operation of the ship, the health of the crew or the
                                    stowaway;
                                    .3 to make every effort to cooperate in the identification of the stowaway and
                                    the establishment of his/her nationality/citizenship or right of residence;
                                    .4 to make every effort to cooperate in establishing the validity and
                                    authenticity of a stowaway's documents and, when a stowaway has inadequate documents, to whenever practicable and to an extent compatible with national legislation and security requirements, issue a
                                    covering letter with a photograph of the stowaway and any other important
                                    information. The letter, authorizing the return of the stowaway either to
                                    his/her State of origin or to the point where the stowaway commenced
                                    his/her journey, as appropriate, by any means of transportation and
                                    specifying any other conditions imposed by the authorities, should be handed over to the operator effecting the removal of the stowaway.
                                    This letter will include information required by the authorities at transit
                                    points and/or the point of disembarkation;
                                    .5 to give directions for the removal of the stowaway to the port of
                                    embarkation, State of nationality/citizenship or right of residence or to some
                                    other State to which lawful directions may be made, in co-operation with the
                                    shipowner;
                                    .8 to issue, if necessary, in the event that the stowaway has no identification
                                    and/or travel documents, a document attesting to the circumstances of
                                    embarkation and arrival to facilitate the return of the stowaway either to
                                    his/her State of origin, to the State of the port of embarkation, or to any
                                    other State to which lawful directions can be made, by any means of
                                    transport;
                                    .9 to provide the document to the transport operator effecting the removal of
                                    the stowaway;
                                    .10 to take proper account of the interests of, and implications for, the
                                    shipowner when directing detention and setting removal directions, so far
                                    as is consistent with the maintenance of control, their duties or obligations
                                    to the stowaway under the law, and the cost to public funds;
                                    .11 to report incidents of stowaways to the Organization3;
                                    .12 to cooperate with flag State of the ship in identifying the stowaway and their
                                    nationality/citizenship and right of residence, to assist in removal of the
                                    stowaway from the ship, and to make arrangements for removal or
                                    repatriation; and
                                    .13 if disembarkation is refused, to notify the flag State of the ship the reasons for refusing disembarkation.

                                    Arjun Verma | | EDIT | REPLY

                                      Asked 2 time (Latest on 09-May-2010)

                                      Q. 1380) What is subrogation ?

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                                        Subrogation means that upon payment of the insured value to the policy hollder (owner in case of vessel) the insurer takes charge of the object insured to dispose of it in manner he deems fit (he may sell it off or may sue other parties liable for the damage/loss)

                                        Akhil Bartaria | | EDIT | REPLY


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