New loss prevention guide issued
ISM warnings heeded
New entry
Piracy prevention
Compulsory insurance at Ukranian ports
Crew Contracts - Are yours approved?
Stowaways - latest developments
Australia puts Hamburg rules on hold
Heavy fines in Cameroon
Clausing of mates' receipts in India
Double check steel from St Petersburg
Calcium hypochlorite - hot property
On-hire condition surveys
Deviations - some suggestions
Paying St Lawrence Seaway tolls
Signals Letters
Shipboard familiarisation
'Under the influence of alcohol?'
Vietnamese bagged rice
Welding safety poster issued
STCW training moving into the 21st Century
Shipboard cargo fires seminar
Training support in India
Port state inspections – Follow-up inspections and detention criteria
New marine simulation centre opened on Tyneside
North of England P&I seminar
Mariner Quiz Winner
North of England at Maritime London
ISO 9001 achieved
New loss prevention guide issued
New loss prevention guide issued North of England P&I Association has extended its popular range of practical loss-prevention guides with a comprehensive yet easy-to-follow book on avoiding disputes and dealing with problems arising from improper use of bills of lading.
Entitled ‘Bills of Lading - A Guide to Good Practice’, it is possibly the first guide on the subject written specifically for ships’ officers and the ship operators and could well become one of the most important publications on bills of lading generally.
For many years there have been numerous excellent legal text books providing detailed coverage on the construction and interpretation of bills of lading and the disputes which have arisen and ended up in court. There is perhaps no other topic which has received greater coverage from legal commentators.
What is surprising therefore is that there has not been a practical guide for ship masters to explain the law surrounding the issue and operation of bills of lading and to advise what should be done when confronted with ‘real’ problems at the sharp end.
That omission has now been rectified with the publication of this new guide, which is the result of extensive research by North of England and Stephen Mills of maritime law firm Rayfield Mills.
Part of the research included a detailed survey of Members and particularly their masters through a questionnaire which was circulated with issue number 24 of Signals in July 1996. The intention was to establish the type of problems with which masters were being confronted. A considerable number of responses were received and several common problems were identified:
- the unavailability of the bill of lading both at the load port prior to sailing and at the discharge port
- requests to deliver cargo without production of the original bill of lading
- the difficulty of inserting clauses on the bill of lading to describe accurately the ‘apparent order and condition of the cargo’ at the time of loading
- the insistence of shippers that they must have ‘clean’ bills of lading in order to negotiate their letters of credit and the pressure put on the master to issue ‘clean’ bills of lading
- disagreement between the ship and shore figures over the quantities of cargo loaded
- agents signing bills of lading without reference to the mate’s receipts or exceeding their authority from the master.
Clearly there will always be some ports in the world where the rule of law has little, if any, meaning and legal solutions to problems will appear to be impossible. The guide has been written with these practical types of problems and concerns in mind. Even in such jurisdictions there may still be things which can be done to protect the carrier’s position provided the correct actions and procedures are followed quickly.
Although the bill of lading is a key document in a transaction where the cargo and freight together may be worth several millions of dollars, a master who is diligent or cautious in handling that document may be seen by others as obstructive or awkward. If he is to stand his ground and justify his stance, he needs to know not only what he should do, but why he is doing it.
The aim of the book is to assist ship’s officers, operators and managers in the understanding of bills of lading as well as the problems and practical issues surrounding their everyday use. It is hoped that readers will be able to deal with the types of situation that arise in connection with this vital and unique document.
- Copies of the new loss prevention guide ‘Bills of Lading - A Guide to Good Practice’ will be despatched to Members in the near future.
- Non-Members of North of England P&I Association can obtain copies of the book directly from the commercial publisher:
- Anchorage Press
275 St Margaret’s Road
Twickenham
TW1 1PN
United Kingdom
Telephone +44 181 892 9905
Fax +44 181 891 2462
E-mail anchorage@compuserve.com
Price £30
ISM warnings heeded
The Association is pleased to report that Members do not appear to have experienced significant problems with implementation of the International Safety Management Code since 1 July 1998.
Shipowners appear to have heeded the warnings and taken the ISM Code and its implementation very seriously. It is a tribute to all concerned that no major problems have been encountered.
Member companies have obtained relevant certification on time and some have already obtained certification for ships which do not need to comply until 2002.
However, it is important to remember that 1 July 1998 is just the beginning. The ISM Code is not simply about obtaining the Document of Compliance (DOC) and the Safety Management Certificate (SMC) on time. It is a starting point for continuous improvement and development of the safety management system.
The hard part is to come, but the obvious momentum which has been achieved must continue over the coming months and years if the ultimate goal of safer ships and cleaner seas is to be achieved.
New entry
Limassol-based Member Athena Marine has entered the latest addition to its fleet with the Association. MV Baynes is the sixth and final ship in its class and is one of several new ships recently entered with the Association.Pictured above, the Baynes is a 24,000 DWT geared bulk carrier fitted with four cranes of 30 SWL which make this ship self-loading and self-discharging.
Propulsion is provided by a Mitsubishi 6UEC45LA engine developing 7,200 bhp.
Piracy prevention
The International Maritime Bureau Piracy Reporting Centre, based in Kuala Lumpur, has recently published its findings for the first six months of 1998.
The report makes it clear that South East Asia continues to be the most dangerous region for piracy and armed robbery. Nearly 50% of all the cases reported worldwide occurred in the South East Asia region. The majority of these were in Indonesian waters.
The Maritime and Port Authority of Singapore has circulated its recommendations that ships should have an anti-attack plan which should include:
- enhanced surveillance - with good lighting and deck patrols
- a crew response plan
- radio and alarm procedures which should be followed
- a reporting system for all attacks and attempted attacks.
Ship’s masters are also advised that they should have a suitably qualified person on duty at all times who is fully conversant with the ship’s communication equipment and that such equipment is in working order and available for immediate use.
The Maritime and Port Authority of Singapore also recommends two publications which provide guidance to masters on the preventative measures which can be taken;
- Security at Sea by the Nautical Institute (UK)
- Pirates & Armed Robbers: A Master’s Guide by the International Shipping Federation (ISF).
Security at Sea is available from the Nautical Institute at £25.86 inclusive of postage and packing. Pirates & Armed Robbers will be available from the ISF towards the end of this year
Compulsory insurance at Ukranian ports
A new resolution has been initiated in the Ukraine which obliges most visitors to purchase an insurance policy - "Ukrinmedstrakh" - for the payment of emergency medical aid.
The crew and passengers of foreign ships arriving at Ukrainian ports will have to purchase the insurance plan, which must be written on the Ukrinmedstrakh letterhead, before being allowed ashore. The insurance is in itself not very expensive and varies depending on the length of the ship’s stay. A stay of up to 6 days will cost 6 Hryvnias (approximately US$3); up to 15 days is 16 Hryvnias (approximately US$8) and up to 30 days is 30 Hryvnias (approximately US$15). However, the insurance policy may not afford any real benefit.
The resolution entitles those in possession of compulsory insurance to emergency medical assistance from any appropriate state or communal establishment. When such an emergency arises, the master, via the ship’s agents, would usually request the attendance of the local commercial ambulance service instead. These commercial companies frequently have long-standing agreements with local agents and often provide a better service than state establishments, which frequently have insufficient facilities and personnel to attend to an emergency promptly and efficiently.
Exempted from this obligation are citizens from countries which have agreements with the Ukraine to render free emergency medical aid. These include many of the former Soviet Republic states, Bulgaria, Great Britain and in certain instances China and Romania. Certain diplomatic and state representatives are also excluded. The seriousness with which the resolution is being applied varies from port to port with Ilyichevsk being stricter than Odessa for example. Members should be aware of this trend and warn their masters accordingly.
Crew Contracts - Are yours approved?
Members are reminded that claims under a crew contract will only be covered if the terms of the contract have previously been approved, in writing, by the Managers of the Association. The Association has recently been involved in crew contract claims with exceptionally high values of compensation and benefits which are greater than acceptable levels relating to the nationality of the crewmember involved.
Another worrying trend is the spate of recent adverse decisions handed down by the National Labour Relations Commission of the Philippines (NLRC), which could mean shipowner Members will be exposed to increased personal injury liabilities.
In a recent decision the NLRC decided that a heart attack suffered by a Filipino seafarer should be classified as "an injury due to an accident". The controversial judgement means that the seafarer was entitled to disability compensation under the terms of his contract of employment.
The commission concluded that the pre-employment medical undertaken on the seafarer constituted a clean bill of health prior to joining the ship. The sudden heart attack was induced or aggravated by the nature of his recent employment, said the NLRC.
Stowaways - latest developments
The Cote D’Ivoire
Immigration Authorities in the Ivory Coast no longer consider it appropriate to repatriate stowaways by road unless formal authorisation is granted by the Ministry of Security.
When repatriating stowaways by air, it will be necessary to appoint a security company which will provide escorts for the purpose.
Italy
As the number of immigrants trying to enter Italy is ever increasing, so the provisions laid down by the Immigration Authority become ever stricter. Several amendments have recently been introduced to the Italian Legal System under Law N.40 dated 6 March 1998.
The regulations most likely to affect Members are as follows:
- Any carrier who brings a foreigner, without valid documentation, into Italy will be required to return them to the country of origin.
- In more serious situations, whoever is considered to have assisted the entry of foreigners into Italy, in violation of its regulations, will be condemned to imprisonment for up to three years and to a fine of up to Italian Lire 30 million (approximately US$17,000).
- If the offence is committed for the sake of gain or by three or more people in complicity or concerns the entry of five or more foreigners by means of international transport facilities or forged documents, the penalty may be imprisonment for between four to twelve years. The fine will be up to 30 million Lire for each foreigner.
- The law now allows the authorities to arrest the means of transport used for the above offences, unless the subject vehicle is a public service vehicle or belongs to a party who is not involved.
- The carrier must ensure that any foreigner has valid documentation for entry into Italy, and if not, must notify the police authority accordingly. If the carrier does not notify the police, the penalty will be a fine of Italian Lire 1 million/5 million for each occurrence.
Members must always try to ensure that stowaways are prevented from boarding their ships. Once a stowaway is on board, it is essential to advise both the Association and ship’s agents at the next port of call, whether Italy or anywhere else, in order to minimise the possibility of owner’s facing some form of penalty for non-declaration.
Australia puts Hamburg rules on hold
The Australian government has decided to put its proposed adoption of the Hamburg Rules on hold for a further five to ten years but has significantly amended its Carriage of Goods by Sea Act.
Since 1991 Australia has indicated that it planned to introduce the Hamburg Rules in place of the Hague-Visby Rules, thus putting it among a small handful of maritime nations supporting those rules. There had been indications that the government was having second thoughts and - though it has not completely abandoned the idea - the Hamburg Rules have been put well and truly ‘on the shelf’. Their introduction will be reviewed again in five years time and then again, possibly for the last time, in a further five years time.
However, a number of changes have been introduced to the Australian Carriage of Goods by Sea Act 1991. These involve some fairly significant departures away from the original Hague-Visby Rules, on which the Act was based. Indeed it could be said that the changes put the amended Australian COGSA ’91 somewhere in between the Hague-Visby and the Hamburg Rules.
There are six main areas where changes have been made.
- Sea carriage documents
The new Act has expanded considerably, beyond just the traditional bill of lading, the category of ‘sea carriage document’ covered by the Act.
- Deck cargo
Deck cargo is not automatically excluded from the rules. However, the shipper may specify stowage requirements at the time of booking. If the goods are carried on deck contrary to those express requirements, the carrier will be liable without the benefit of limitation or any of the exclusions for all damage caused to the goods by reason of their being carried on deck. The parties are free to enter into a special contract for on-deck carriage if the nature of the cargo warrants it, but this cannot apply to containerised goods.
- Duration of liability
Clearly influenced by the Hamburg Rules, a carrier’s liability has been extended to cover the periods while the goods are in the carrier’s care within the wharf or terminal limits at the ports of loading and discharge.
- Arbitration
There is now specific provision for disputes and claims to be referred to arbitration in Australia.
- Coverage of importers
The new Act will apply to contracts of carriage unless there is another international convention (eg the Hague, Hague-Visby or Hamburg Rules) which has been validly incorporated. These comments relate only to cargoes imported into Australia. All export cargoes will, of course, be governed by Australian COGSA.
- Delay
Carriers may now be liable to cargo owners for loss suffered by delay in the delivery of the goods.
The Association has a summary of the changes by Sydney legal correspondent Ebsworth and Ebsworth. Members who would like a copy should contact the Association’s loss prevention department.
Heavy fines in Cameroon
Heavy fines are being imposed by the customs authorities in Cameroon for any discrepancies in cargo manifests. It has been suggested that, because of lack of finances within the government itself, the practice of fining ships for shortage or overage based upon three times the value of the cargo has been stepped up.
It would appear there is little that can be done to avoid such fines once they are imposed and local representatives recommend immediate amicable settlement at around 50%.
Members are thus advised to exercise caution in respect of manifests when loading cargoes bound for Cameroon.
Clausing of mates' receipts in India
It appears that certain Indian port authorities will not allow mates’ receipts to be claused in case damage prior to loading is blamed on them. This situation arises because the port authorities have not carried out any checks on the condition of the cargo prior to it entering the port zone.
Shippers and/or charterers often force the hands of owners to issue clean mates’ receipts even when the cargo is damaged.
It is important when loading cargoes in Indian ports that surveyors are engaged to check the apparent order and condition of the cargo loaded and to ensure any damaged cargo is immediately rejected. The shippers should then replace the rejected cargo which will allow the master to issue clean receipts and bills.
If the shippers refuse to replace the cargo and accept the clausing of the mates’ receipts, then it is likely that the port authority will also accept such a clause. Effectively, the shippers are accepting that the cargo was not damaged in the port area.
- Members will receive a copy of the latest North of England loss prevention guide - "Bills of Lading - A Guide to Good Practice" in the near future.
Double check steel from St Petersburg
A Member’s ship recently loaded a quantity of steel products in St Petersburg for discharge in Europe. Surveyors were instructed to carry out a steel preload survey and, on their recommendations, the mates’ receipts were claused in accordance with the preshipment condition. The surveyor’s report referred to hot-rolled and cold-rolled coils having been loaded, and the bills of lading were issued by the charterers as carriers.
At the discharge port the Association was advised that the cold-rolled coils were actually galvanised coils. When this matter was taken up with surveyors the Association was advised that the shipping documents referred to cold-rolled coils and, because they were packaged, it was not possible for the preload surveyor to identify the contents.
The local shipper’s representative in St Petersburg was contacted and eventually admitted that he had referred to the galvanised coils as cold-rolled coils on the shipping orders and mates’ receipts at shipper’s instructions. It may be that shipper’s actions are aimed at decreasing or avoiding export duties or keeping within the limits of export quotas. In any event, there are serious fraud implications and a potential exposure for shipowners in respect of claims for wrongly manifested cargo.The correspondents are now fully aware of this risk and will take the appropriate steps in future surveys, but shipowners/Members should be on their guard.
Calcium hypochlorite - hot property
An International Group Club recently encountered serious problems on board one of its entered ships when a cargo of calcium hypochlorite (hydrated) UN 2880 ignited.
IMO recommends that calcium hypochlorite should not be exposed to a heat source in excess of 55?C for longer than 24 hours (IMDG Code page number 5138). However, results of recent research indicate that for the type and size of packaging used routinely to ship the material, ignition could start at much lower temperatures.
Investigating consultants, Dr JH Burgoyne & Partners suggests that calcium hypochlorite should not be shipped in the holds of ships where critical ignition temperatures can be reached. If carried in containers on deck, the stow should be arranged to avoid direct sunlight.
Members who would like additional information on this very important cargo should contact Dr JH Burgoyne & Partners at Burgoyne House, Chantry Drive, Ilkley, West Yorkshire, LS29 9HU or telephone +44 1943 609251 or fax +44 1943 602379.
On-hire condition surveys
ships are frequently re-delivered to their owners at the end of a time charter in a damaged condition with no proper on-hire condition survey having been undertaken prior to delivery into the charter.
The most common form of damage sustained by a dry cargo ship during a charter is stevedore damage. Without a proper on-hire condition survey it becomes very difficult for the owner to maintain a claim against the charterer for repairing the damage. Charterers will invariably allege that the damage was pre-existing and will accordingly refuse to acknowledge liability.
Even when a detailed survey is carried out soon after the stevedores actually cause the damage, the charterers’ surveyors will almost always manage to raise an allegation that the pre-existing condition of the ship contributed towards the incident.
The only way to avoid argument is to ensure that the on-hire survey encompasses a survey of the ship’s physical condition as well. This is something that owners should ensure is done, whether by themselves or jointly with the charterers, when they fix their ships on time or bareboat charterparties.
Equally, it goes without saying that the consequent off-hire survey should also encompass a detailed survey of the ship’s physical condition. Only by undertaking these surveys will an owner be able to properly substantiate a claim against his time or bareboat charterer, that his ship has not been re-delivered in like good order and condition as on delivery, ordinary wear and tear excepted.
Deviations - some suggestions
An article in ‘Signals’ issue 32 (July 1998) explained the difference between a reasonable/justified deviation and an unreasonable/unjustified deviation and highlighted some of the consequences of an unjustified deviation. This article offers some practical suggestions on what shipowners should do to protect themselves if a deviation occurs.
One thing that can be done is to try to include in charterparties and bills of lading appropriately worded liberty clauses. Some already contain liberty clauses that expressly permit certain deviations. In the case of voyage charters it is also advisable to include the P&I Bunkering Clause (the text of which appears at page 86 of the Association’s current Rule Book).
It must nevertheless be borne in mind that liberty clauses only give a liberty to deviate - they are not a licence to deviate. Such clauses are, as a rule, construed restrictively and it will still be necessary to show that the deviation is reasonable and to a port or place that is still on or close to the normal, contractual route of the voyage. Generally, the deviation must also still be for purposes connected with the voyage.
Deviations may give rise to difficulties because they involve a departure from the contract in question. Therefore, if the other parties to the contract agree that the deviation may take place, then it may not, in the strict legal sense, amount to an unreasonable or unjustified deviation and may not have undesirable consequences. It is therefore advisable to inform charterers and other interested parties of the need to deviate and, where possible, seek their agreement. It must be remembered that if charterers agree to a deviation but cargo owners do not, the deviation may amount to a breach of the bill of lading contract, if not of the charterparty. The actual identity of the true cargo owner may be difficult to ascertain.
Members must firstly inform the Association when it is known that a deviation is likely to take place. Where the Member is not aware, for example because the master deviates without authority or without first consulting owners, the Association must be informed as soon as possible that the deviation has taken place. It is only by informing the Association in this way that advice can be given by the Managers on whether the deviation is unjustified and whether cover is prejudiced as a result.
Prompt notice will also give the Association the opportunity to advise on any steps that can or should be taken to avoid any prejudice. Particularly, it provides an opportunity for the Association to advise the Member on the need for shipowner’s liability cover (SOL) and to arrange it in good time. If the deviation is unreasonable and if SOL cover is not arranged, Members may find themselves without any cover for liabilities that may arise.
Finally, because masters may deviate without seeking owners’ prior permission, and possibly without informing them at all, Members should make sure that their masters are fully aware of the need to obtain permission before deviating, unless circumstances mean that this is not possible. In that case, masters should be reminded to report the deviation as soon as possible after it has taken place.
The one thing that Members and their masters should not do is to fail to tell anyone about the deviation or, even worse, try to hide or cover it up. The consequences may be serious and may only be made worse by any attempt at concealment.
Paying St Lawrence Seaway tolls
The St Lawrence Seaway tariff of tolls, amended on 1 June 1998, appears to suggest that shipowners are ultimately responsible for paying tolls.
Paragraph no 2 (1) of the tariff provides that every ship entering, passing through or leaving the Seaway shall pay a toll that is the sum of the three separate charges that are set out at schedule 1. The first is a charge per gross registered tonne of the ship, which is applicable whether the ship is wholly or partially laden or is in ballast. The second is a charge per tonne of cargo as certified on the ship’s manifest or other document, with the precise charge payable dependant on the particular cargo that is carried. Finally, there is a minimum charge per ship per lock transited to enable full or partial transit of the Seaway.The toll is therefore assessed separately against the ship and its cargo for a complete or partial transit of the Seaway. However paragraph no 2(3) of the tariff states "the Toll is due from the representative of the ship within 45 days after the day on which the ship enters the first lock of a transit of the Seaway". It would thus appear that the tariff provides for at least two separate charges, one on the ship and the other on the cargo, but that this is payable as one composite toll by the shipowner.
Accordingly, and in order that owners are not otherwise burdened with the payment of the entire toll for the transit of the Seaway, they should ensure that their charterparties expressly stipulate which, if any, of the charges for transit of the Seaway are payable by the owners and/or the charterers respectively.
Signals Letters
‘Signal letters’ is devoted to answering specific questions which have been put to the Club by Members or other parties and which may be of general interest to the rest of the membership or other readers of ‘Signals’.
Readers are invited, and indeed encouraged, to write to the Editor of ‘Signals’ at the Association with relevant questions or specific points they may wish to make.
Anonymity will be maintained unless the author asks for his or her details to be published.
The questions can involve any maritime-related issue although questions relating P&I claims issues and loss prevention will be particularly welcome.
Shipboard familiarisation
"I have read with interest your recent article in Signals about shipboard familiarisation for both ship’s crew and passengers. Could you please advise me if the Association has any further information on the subject."
The subject of shipboard familiarisation for new joiners is covered in North of England loss prevention guide "Personal Injury Prevention - A Guide to Good Practice".
Readers may also be interested to know about a video on the subject which has been released recently. Entitled "Shipboard Familiarisation - Know Your Duties, Know Your Ship" it has been produced by Maritime Training Services of Seattle, a company with which the Association has recently worked.
The 14 minute video emphasises that ship-board familiarisation is not just good practice but it is now the law. Under the terms of the STCW 1995 Con-vention and the ISM Code, shipping com-panies must make the necessary arrangements for basic safety train-ing and shipboard familiarisation.
Produced by specialists in the marine training field in association with shipping companies and the US Coast Guard, the video focuses on the
importance of:
- communications
- emergency stations
- safety equipment
- shipboard familiarisation - muster lists
- operating equipment - what to do and how to do it
- performing duties
The video enforces the idea that enough time must be allocated for a familiarisation tour and that a tour host should be assigned to conduct the tour. The video also suggests that standard checklists for shipboard familiarisation should be maintained and a file kept to record all familiarisation tours. Tours will not only enable newly signed-on crew members to familiarise themselves with their surroundings but will also assist with team building.
Readers who wish to obtain copies of the video should contact Maritime Training Services Inc directly on fax number +1 206 467 0128. Please mention to MTS in your fax if you are Members of North of England P&I Association.
'Under the influence of alcohol?'
A recent enquiry from a UK-based Member regarding the definition of ‘under the influence of alcohol’ resulted in the Association seeking legal opinion.
The Member primarily approached the Club for advice on the terminology which should be used when completing accident report forms after incidents involving passengers or ship’s crew.
This is an important question as accident report forms may have a significant effect on potential P&I claims and future settlement. Any evidence that an injured person was under the influence of alcohol would obviously have some bearing when considering defences and contributory negligence issues. Equally, owners must be able to demonstrate, as part of their ISM compliant procedures, that they have taken corrective action where appropriate.
Unfortunately it is not clear what constitutes being ‘under the influence of alcohol’. There is no strict legal definition given in shipping legislation or regulations in the UK. As a guide, in relation to crew members on duty, section 117 of the Merchant Shipping Act 1995 (which only applies to fishing ships), describes this in terms of the extent that it affects the capacity to operate the ship safely.
As a general guide a person is considered drunk by reason of drink or drugs if he is unable to perform the duties/tasks expected of him. Passengers must be able to muster in the event of an emergency and must not annoy other passengers.
With regard to employment issues, if the crew agreement provides that no crew member shall have consumed alcohol either during employment or for a period prior to joining the ship, then any clear indication that a crew member has been drinking - even if not excessively - would constitute a breach of the terms of employment and appropriate disciplinary action can be taken. However, in the absence of such a clause, it would appear the crew member would have to be impaired to the extent that they could not safely carry out their duties before action can be taken to stand them down.
With regard to passengers on ferries, section 102 of the Merchant Shipping Act allows the Master of any ship to refuse to receive on board a drunk passenger where there is reasonable concern that he will cause danger or annoyance to other passengers, or act in a way that may cause injury to himself or others.
A Master has no legal rights to carry out breath and blood tests to determine whether a passenger or crew member has been drinking unless this right has been agreed beforehand. A Master must therefore rely upon his own judgement.
Anyone completing an accident report form should enter as much detail as possible. It is insufficient simply to write ‘drunk’. Specific indicators should be used wherever appropriate, such as
- slurred speech
- dishevelled appearance
- glazed eyes
- lack of co-ordination
- unruly disorderly behaviour and language
- smell of alcohol
Where it is known that alcohol has been consumed, details of what and when should also be in the report, even where it has had no obvious effect on the individual. Members should be aware that an accident report form must be completed accurately.
Vietnamese bagged rice
The Association recently received a general enquiry from Mr David Pearson of HSBC Gibbs London Marine Division, on behalf of an owner with ships entered with the Association, regarding the moisture content of Vietnamese bagged rice. The Association responded accordingly.
Loading Vietnamese bagged rice
Bagged Vietnamese rice, one of Vietnam’s largest exports, continues to give rise to claims due to damage caused by excessive moisture content when loaded.
Vietnamese Government standards recommend that rice for export should contain no more than 14% moisture. However, pre-loading surveys - which should include sampling for moisture - reveal that moisture content is frequently in excess of the
stated 14%.
The high moisture content is largely due to the fact that the rice has not had sufficient time to dry after being processed and bagged. The rice should be allowed to dry in the sun in order to achieve a minimum moisture content. The majority of rice exports are shipped during the rainy season when higher than normal atmospheric humidity prevails and this only serves to worsen the situation.
Members must decide whether to continue loading rice cargoes when sample results indicate a moisture content in excess of 14% as damage will become likely. Damages may be compounded by the length of the voyage but this will of course depend on ambient temperatures and ventilation on passage.
If a decision is taken to proceed with the loading of an excessively moist cargo then the Association would expect the mate’s receipts and bills of lading to reflect the true condition of the cargo and in particular its moisture content. If Members decide for any commercial reasons not to clause bills of lading then the Association may reserve its position regarding resultant cargo claims.
The process of sampling rice cargoes is a lengthy one and must be taken into account when loading. If it is found that the moisture content of the rice already loaded is in excess of 14%, it can be very difficult for the carrier to halt the loading and get the wet cargo discharged. Members in this situation have often encountered problems with local shippers, representatives and surveyors.
Nevertheless, the Master is legally obliged to, and should, clause the bills of lading if he suspects the cargo condition is not properly reflected on the bills. Members must decide between the risk of an off-hire dispute with the charterer and the risk of a substantial cargo claim.
For further information relating to the carriage of Vietnamese rice cargoes, Members should contact Emma Garbutt at the Association.
Welding safety poster issued
The next poster in North of England safe work accident prevention poster (SWAPP) series focuses on the serious concerns relating to welding practices at sea. It is hoped that this colourful and humorous look at welding safety will help stop the steady stream of accidents relating to welding activities on board ship which are currently handled by the Association.
Electric arc welding equipment as illustrated in the poster can, if used incorrectly, be potentially very dangerous. As well as any risks of fire, there is also the risk of electrocution. The Association recommends that welding machines should be direct current machines with outputs limited to a maximum of 70 volts open circuit. These machines should be limited in such a way that they cannot produce open-circuit idling voltages in excess of 42 volts. If alternating current machines are used, then the idle voltage should be limited to 25 volts. Details of the safe connection system for an electric arc welding system on board a ship are detailed in Chapter 12 of North of England loss prevention guide ‘Personal Injury Prevention’.
Any burning or welding activity conducted outside the ship’s workshop must only take place when a valid work permit has been issued and the task has been carefully planned. Only persons fully competent in the use of welding and burning equipment should be allowed to undertake such work.
Hot work must be carefully planned at the shipboard work planning meeting, and particular consideration must be given to the personal protective equipment requirements of the personnel involved.
The area in which hot work is to be undertaken must be fully inspected by an authorised person and all potential hazards identified. The area must be cleared of any potentially combustible debris and decks and surrounding areas must be clean and free of oil and grease. During hot work standby personnel must be employed to monitor both the immediate area, the operator and adjacent spaces in case of heat transfer or fire. Standby personnel must of course wear the same personal protective equipment as the welder. In the event of any problems the standby personnel must immediately isolate power sources or welding gases until faults or problems have been rectified.
Appropriate fire extinguishers should be on-site and ready in the event of an incident. If a fire occurs, however small, the general alarm must be raised immediately.
The correct equipment must of course be used at all times. Personnel involved in removing welding slag from electric arc welding pieces should also use approved welding goggles for this task.
Copies of SWAPP No 11 and the ‘Personal Injury Prevention’ loss prevention guide can be obtained from the Association’s Loss Prevention Department.
STCW training moving into the 21st Century
The International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 95) makes careful and thorough training of seafarers a requirement. Under Section 6 of the ISM Code, there is also a requirement for the company to have procedures in place to assess, provide and monitor relevant training of its personnel. As technological advances continue it seems that modern training mediums can be used in an effort to improve standards.
The Association has recently had the opportunity to view a demonstration disk of a new computer-based multimedia training system launched by Atlantis Interactive. The training programme, entitled the Seafarer’s Open Learning System (SOL) focuses on the requirements of regulation V1 /1 of STCW 95 and the demonstration disk specifically covers two sub-sections.Section A - V1 /1.1 - Specification on minimum standard of competence in personal survival techniques and Section A - V1 /1.2 - Specification of minimum standard of competence in fire prevention and fire-fighting, state mandatory minimum requirements for shipboard familiarisation, basic safety training and instruction.
The Association has not yet had the opportunity to review the entire programme, but any system which assists seafarers to comply with the STCW 95 Convention must be welcomed.
The SOL system enables the seafarer ‘student’ access to the training material at any time during his tour on board ship provided he also has access to a suitable PC. The programme also enables verification of a seafarer’s progress by training personnel or port state control inspectors, as required. The training package which demands only the most basic computer skills is available in several languages.
Further details of the SOL system can be obtained from Atlantis at Atlantean House, Dingwall Business Park, Dingwall, IV15 9XB, Scotland.
E-mail: atlantis@btinternet.com.
Shipboard cargo fires seminar
The Association is pleased to continue its co-sponsorship of the annual ‘Mariner and the Maritime Law’ seminar which is now firmly established in the international maritime calendar. Organised by the North East Branch of the Nautical Institute this year’s event is entitled ‘Fire on Board’ and will focus specifically on cargo-related fires.
The Nautical Institute has gathered together a group of internationally recognised speakers for the seminar, which will be held in Newcastle at the Swallow Gosforth Park Hotel on Saturday 17 October 1998.
Readers who require further details should contact the loss prevention department at the Association as soon as possible.
Training support in India
North of England recently assisted one of its Members with a successful two-day training conference for seagoing personnel in India.
Captain Savraj Mehta of the Association’s underwriting department discussed loss prevention with 75 of Denholm Shipmanagement’s masters, chief engineers and other ship’s officers during a two-day event at Marmagoa in August.He also presented papers on P&I Clubs and claims in addition to discussing the mariner’s role in preventing losses.
Captain Mehta spent 12 years at sea and worked in a shipowner/manager’s office for a further 10 years before joining North of England in 1995. This varied and practical background together with his law degree placed him in an ideal position to communicate the importance of loss prevention to seafarers.
The Association believes that a significant reduction in claims can be achieved through such face-to-face contact with those at the ‘sharp end’. The loss prevention department is thus always pleased to provide assistance to Members with any aspect of their in-house training.
Port state inspections – Follow-up inspections and detention criteria
The Association was recently advised that the concluding article to the port state control series did not appear in Issue 30 as intended. The Editor apologises for this oversight and would ask readers to find the article in question below.
A port state control officer (PSCO) can order the detention of a ship if deficiencies are identified during an inspection which jeopardise the safety of the ship, her complement or the environment.
A port state detention order will not be lifted until all the subject conditions of that detention have been met. PSCO’s are guided on the factors to be considered prior to imposing a detention order by the Paris MOU recommendations.
A detention order may include specific locations where the ship must remain. The ship may only be allowed to shift in the interests of pollution prevention and safety.
If an inspection results in a detention, the port state may levy an inspection fee on the shipowner. The fee may also be incurred if ships are revisited for follow-up surveys.
If a ship is detained, the port state will inform the relevant flag state in writing and will advise details of the detention. Organisations involved in the issue of the ship’s certification will also be notified where applicable.
In some severe cases it may not be possible to rectify faults or deficiencies in the port where the inspection took place. The PSCO may then authorise the ship to sail to an appropriate installation or repair yard, subject to certain conditions.
If a shipowner is given authorisation to sail to a repair yard but does not do so, or does not comply with any conditions imposed, the ship will not be permitted to enter any port of another Paris MOU port state. Permission to enter will only be granted when suitable evidence of compliance with initial requirements is registered with the detaining/inspecting port state. However, permission may be granted on the grounds of safety or environmental damage prevention.
When PSCO’s exercise their professional knowledge to determine if a ship should be detained, they must decide if the ship is fit to proceed to sea. If a PSCO decides a ship is not safe to go to sea then it should be detained irrespective of the time it may be in port. In detaining a ship, a PSCO must consider whether the ship has:
- relevant valid documentation
- suitable and sufficient crew as detailed in the minimum safe manning document
During an inspection a PSCO must also assess whether the ship and/or the crew is able to carry out the following tasks during the forthcoming voyage:
- safe navigation
- safely handle, carry and monitor the condition of the cargo
- operate the engine room safely
- maintain proper propulsion and steering
- effectively fight fires in any part of the ship
- abandon ship speedily and safely and effect rescue if necessary
- prevent pollution of the environment
- maintain stability
- maintain watertight integrity
- communicate in distress situations
- provide safe and healthy conditions on board
If any of the items listed above are negatively assessed, then the ship must be considered for detention. However, a combination of lesser deficiencies may also lead to a detention.
Other factors which must be considered by a PSCO are listed below. If any of the items listed are not present, non-compliant or only partially operative, then the PSCO has no alternative but to consider these as a potential reason for a detention.
- Propulsion, essential machinery and electrical installations.
- Engine room cleanliness including bilges, engine room lagging and the correct operation of bilge pumping arrangements.
- Emergency generator, lighting batteries and switches.
- Main and auxiliary steering gear.
- Personal life-saving appliances.
- Fire-fighting and detection equipment - fire-fighting equipment on the cargo areas of tankers.
- Navigation lights, shapes or sound signals.
- Radio equipment.
- Navigation equipment.
- Charts and other relevant nautical publications.
- Non-sparking exhaust ventilation for cargo pump rooms
The areas mentioned above are covered under the SOLAS Convention. Other conventions which apply and must be considered by the PSCO are as follows:
- International Bulk Chemicals (IBC) Code
- International Gas Carrier (IGC) Code (for liquefied gases)
- Loadline Convention
- Marpol Convention All Annexes
- STCW Convention
- ILO Conventions
- Collision Regulations
- International Maritime Dangerous Goods (IMDG) Code (if carrying dangerous cargoes)
The full list of applicable conventions under each MOU can be found in the first article of this series in Signals issue 28 of April 1997.
New marine simulation centre opened on Tyneside
A new marine simulation centre at South Tyneside College was formally opened by the European Commissioner for Transport Neil Kinnock on 24 July 1998. The centre, which is one of the most advanced training facilities in the world, reinforces the college’s international standing as a world-leader in marine training.
There are close links between the college and North of England P&I which go back many years. Many of the ex-sea staff at the Association were trained at the College but, more significantly, several training courses - both residential and distance learning - are organised and jointly co-ordinated by the two organisations.
Students at the last residential course, held at Lumley Castle in June 1998, spent several hours working on the simulator as an integral part of the workshop sessions.
Members might wish to note that an international users’ conference on marine simulators and training systems will be hosted by Norcontrol Systems AS, who designed and built the simulator at South Tyneside College on 12 October 1998.
The conference which will be hosted close to Newcastle will be held in conjunction with South Tyneside College.
Further details are available on the Norcontrol conference:
web page http://www.norcontrol.com or from the conference secretary telephone +47 33 03 2000 or
e-mail/msts-conference@norcontrol.no.
North of England P&I seminar
The next bi-annual North of England P&I seminar will be held at the Swallow Gosforth Park Hotel in Newcastle on Friday 27 November 1998. This year sees a change to the traditional loss prevention theme of the seminar programme, as the managers take the opportunity to explain how to get the maximum value from membership of North of England. The event will also give Members the opportunity to say what they expect to receive from the Club.
Open debate will be encouraged to facilitate a free flow of information, which will ensure maximum benefit to all who attend.
A number of guest speakers including brokers and Members will then explain their own perspectives on what they expect from a P&I Club. The important role of the P&I correspondent and independent legal adviser will also be discussed.
Invitations to the event have been despatched to individual delegates directly.
Mariner Quiz Winner
The popularity of the Signals quiz was once again reinforced by a very large entry for the challenge set in issue 32 of Signals.
As in previous quizzes a draw was needed to identify the three winners and 20 runners up.
The three winners, who each receive a ‘Mariner’ game and competition T-shirt were:
- Captain H Singh – MV "ABU MARIAM" ABT Limited
- Captain BK Adhwaryu – mt "PEARL" Dynacom Tankers
- Captain W Venning – mv "SEA AMETHYST" Stephenson Clarke Shipping Limited.
The 20 runners up each received a competition T-shirt.
This issue of Signals features the Signals crossword. The quiz will return in issue 34 of January 1999.
North of England at Maritime London
The Association hosted a stand at this years ‘Maritime London’ exhibition at the Baltic Exchange on 23/24 September 1998. With many visitors to the stand, including Club Directors and Members, the event was considered to be a great success. The stand activities, which focused on loss prevention, included a ‘Mariner’ quiz prepared specifically for the event.
ISO 9001 achieved
The Association is pleased to announce that as part of its continuing commitment to service and quality it has achieved ISO 9001 accreditation. The Certificate was awarded to the Association by the British Standards Institute - BSI - as an amendment to the registration achieved by Newcastle P&I Association in December 1994.
Any Members who would like further information should contact Nick Tonge or Sara Graham in the Services Department at the Association.