CMI Maritime Law & Regulatory Compliance 3 — Questions and Answers
Question 1: Under the Jones Act (46 U.S.C. § 30104), a seaman must prove which elements to recover damages for negligence?
- Strict liability with no proof of fault required
- Employer negligence contributed even slightly to the injury (Correct answer)
- Comparative fault of third parties only
- Assumption of risk by the seaman
Correct answer: Employer negligence contributed even slightly to the injury
The Jones Act uses a featherweight causation standard — the employer's negligence need only contribute in the slightest degree to the seaman's injury.
Question 2: MARPOL Annex I regulates the discharge of which pollutant from ships?
- Sewage
- Garbage
- Oil and oily mixtures (Correct answer)
- Noxious liquid substances
Correct answer: Oil and oily mixtures
MARPOL Annex I specifically addresses prevention of pollution by oil, setting discharge limits and requiring oil record books.
Question 3: What is the legal significance of a vessel's Certificate of Inspection (COI) issued by the USCG?
- It proves the vessel is insured
- It certifies the vessel meets safety standards for its route and trade (Correct answer)
- It grants the vessel flag state status
- It records ownership history
Correct answer: It certifies the vessel meets safety standards for its route and trade
A COI certifies that a vessel has been inspected and found to meet USCG safety requirements for the specific trade route and number of passengers or crew.
Question 4: Under admiralty law, a maritime lien differs from a shore-side lien because it:
- Must be recorded at the vessel's home port
- Attaches to and travels with the vessel itself (Correct answer)
- Requires court approval before attaching
- Only applies to cargo, not the vessel
Correct answer: Attaches to and travels with the vessel itself
A maritime lien attaches to the vessel itself and follows the ship regardless of ownership changes, without requiring filing or recording.
Question 5: Which IMO resolution introduced the International Safety Management (ISM) Code, and what does it require?
- MSC/Circ.645 — requiring stability booklets on all vessels
- Resolution A.741(18) — requiring a Safety Management System aboard vessels (Correct answer)
- MSC/Circ.1333 — requiring AIS on all vessels
- Resolution A.949(23) — requiring places of refuge procedures
Correct answer: Resolution A.741(18) — requiring a Safety Management System aboard vessels
IMO Resolution A.741(18) adopted the ISM Code, requiring companies to develop and implement a Safety Management System to ensure vessel and personnel safety.
Question 6: In a general average situation, which party bears the responsibility for contributing to the shared loss?
- Only the vessel owner
- Only the cargo insurer
- All parties with a financial interest in the voyage — vessel, cargo, and freight (Correct answer)
- The party whose negligence caused the casualty
Correct answer: All parties with a financial interest in the voyage — vessel, cargo, and freight
General average requires all parties with a financial stake in the voyage (ship, cargo, and freight owners) to proportionally share extraordinary sacrifices made for the common safety.
Question 7: The Vessel Bridge-to-Bridge Radiotelephone Act requires which vessels to maintain radio watch on VHF Channel 16?
- Only vessels over 10,000 GT
- Power-driven vessels over 20 meters and all vessels towing (Correct answer)
- All recreational vessels over 8 meters
- Tankers only in U.S. ports
Correct answer: Power-driven vessels over 20 meters and all vessels towing
The Act requires power-driven vessels of 20 meters or more and towing vessels to maintain a continuous watch on VHF Channel 16 while navigating U.S. waters.
CMI Maritime Law & Regulatory Compliance 3
Under the Jones Act (46 U.S.C. § 30104), a seaman must prove which elements to recover damages for negligence?