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MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 139
Q. 1381) Who approves the damage control plan ?
X
It is issued by the shipyard and approved by the classification society (remember the class stamp on damage stability booklet which every inspector wants to see?)
Q. 1382) What is utmost good faith ?
X It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal.
This is a doctrine followed by Lloyd's of London for all marine policies and it is expected that the insured shall declare all pertinent information for the object insured.
Q. 1383) What is new jason clause ?
X
New Jason Clause (or Amended Jason Clause)
- is required to protect owners against the possibility of US lawsuits.
- Under US common law, a shipowner cannot claim General Average contributions from cargo where there has been faulty navigation or management of the ship. The owners will therefore seek to exonerate himself from liability for loss from these causes. However, the Harter Act 1893 made it illegal to insert any clause in a bill of lading exonerating the ship from liability for loss caused through negligence, improper stowage, etc. Even so, a clause was commonly inserted in bills of lading giving owners the right to claim General Average contributions from cargo.
- Validity of the clause was tested in a 1904 court case concerning the s.s. Jason, and in 1911 after lengthy litigation, the clause’s validity was upheld by the court.
- It has since been extended to include salvage, and is now called the New (or Amended) Jason Clause and commonly inserted in bills of lading and charter parties.
Q. 1384) What do you know about the fund convention ? who manages the fund ?
XAnnual contributions to the Fund will be made in respect of each Contracting State by any person who, in any calendar year, has received total quantities of oil exceeding 150,000 tons. However, for the purposes of the Protocol, there is a minimum aggregate receipt of 1,000,000 tons of contributing oil in each Contracting State.
Q. 1385) Who issues a doc ? how many doc can a company have ?
XFlag state issues DOC.
Company can have only 1 DOC. If the company has ships of different Flag then mostly, other flag will approve the DOC of different Flag for same kind of ships. If not then the Flag will issue a different DOC .
We were never able to convince where is it given in the code .!!!
Q. 1386) Situation - in restricted visibility you have a power driven vessel , coverging at close quarter , on your port quarter ? wh
XQ. 1388) What is contract of affreightment ?
XContract of Affreightment is the expression usually employed to describe the contract between a ship-owner and another person called the charterer, by which the ship-owner agrees to carry goods of the charterer in his ship, or to give to the charterer the use of the whole or part of the cargo-carrying space of the ship for the carriage of his goods on a specified voyage or voyages or for a specified time. The charterer on his part agrees to pay a specified price, called freight, for the carriage of the goods or the use of the ship.
An agreement between a charterer on the one hand and a shipowner, disponent owner or carrier on the other hand, for the carriage of a specified (and often large) quantity of named goods between specified places, over a specified (and usually long) period of time, by vessels of a type and size specified by the charterers, but which are nominated by owners.
For example, a charterer contracts with a shipowner for the carriage of 900, 000 tonnes of iron ore from named ports in Brazil to named ports in Europe, with shipments of 120, 000 tonnes ( /- 10% at owners option) at intervals of approximately one month. The COA may be based on a standard charterparty as the main COA document, with a number of rider clauses added, or on a main COA document supplemented by separate voyage charterparties relating to each voyage made by nominated vessels under the COA.
Note - Contract of affreightment in the legal sense is often used as a contract of carriage by sea, e. g. a charter agreement or the contract expressed in a bill of lading.
Q. 1389) Situation - you are a power driven vessel and you see a tow on your port bow ? what action will you take and under which rule ?
XYou are standon .Alteration to stb if the give way vessel not responding. Alteration at minimum 6 miles (Safe Navigation).
Do not forget to sound 5 short and rapid blast prior any alteration to confirm about the give ways vessel action.
port bow towing vessel , its her responciblity to keep clear but if she is not keeping clear take action as per rule 17... take action when less than 6 miles
Q. 1390) How to reduce vertical heeling moment (grain) ? where can you find the information ?
XMeasures to reduce the volumetric heeling moment of
filled and partly filled cargo compartments
By use of longitudinal divisions these are required to be grain tight and of an approved scantling.
By means of a saucer and bundling bulk a saucer shape is constructed of bulk bundles in the hatch square of a filled compartment. The depth of the saucer being established between 1.3 and 1.4 m depth dependent on the ships beam, below the deck line.
By overstowing in a partly filled compartments achieved by trimming the surface level flat and covering with a separation cloth then tightly stowing
bagged grain to a depth of one sixteenth the depth of the free grain stow.
