Maritime Law and Regulations Flashcards

Under the UK Merchant Shipping Act 1995, what is the Master's overriding authority regarding the safety of the vessel?

Answer: The Master has the overriding authority to make decisions for the safety of the vessel and persons on board, even if they conflict with the owner's instructions

Under UK maritime law and the ISM Code, the Master has overriding authority and responsibility to make decisions regarding safety and pollution prevention. The ISM Code specifically requires that the company establishes in its Safety Management System that the Master has this overriding authority and shall not be constrained by the owner from taking any decision necessary for safety.

What is the purpose of the International Safety Management (ISM) Code and which convention mandates it?

Answer: To provide a framework for the safe management and operation of ships and pollution prevention — mandated by SOLAS Chapter IX

The ISM Code, made mandatory by SOLAS Chapter IX, provides an international standard for the safe management and operation of ships and for pollution prevention. It requires companies to develop, implement, and maintain a Safety Management System (SMS) that includes a safety and environmental protection policy, procedures for safe operation, emergency preparedness, and internal audits.

Under MARPOL Annex I, what are the requirements for discharge of oily water from the machinery spaces of a vessel outside special areas?

Answer: The vessel must be en route, the oil content must not exceed 15 parts per million, and an oil discharge monitoring and control system must be in operation

MARPOL Annex I Regulation 15 permits discharge of oily bilge water from machinery spaces outside special areas provided: the vessel is en route, the oily mixture is processed through approved oil filtering equipment, the oil content does not exceed 15 ppm, the vessel has an oil discharge monitoring and control system in operation, and the oily mixture is not mixed with cargo residues or chemicals.

What is the purpose of the Maritime Labour Convention (MLC) 2006, and what key areas does it cover?

Answer: It establishes comprehensive minimum standards for seafarer working and living conditions, including employment agreements, hours of work, accommodation, and health protection

The MLC 2006, sometimes called the 'seafarers' bill of rights', consolidates and updates over 65 previous ILO maritime conventions. It covers: minimum age, seafarer employment agreements, hours of work and rest, payment of wages, annual leave, repatriation, medical care, accommodation and recreation, food and catering, health and safety, accident prevention, and the right to make complaints.

Under the STCW Convention, what is the minimum rest period required for watchkeeping officers?

Answer: 10 hours of rest in any 24-hour period, which may be divided into no more than two periods, one of which must be at least 6 hours

STCW Section A-VIII/1 requires that watchkeeping personnel receive a minimum of 10 hours of rest in any 24-hour period. This may be divided into no more than two periods, one of which shall be at least 6 hours in length. The minimum rest period of 77 hours in any 7-day period must also be maintained. Exceptions may be made only in emergencies.

What is a 'Port State Control' inspection and under what circumstances can a vessel be detained?

Answer: An inspection of a foreign vessel by the maritime authority of the port state to verify compliance with international conventions; detention occurs if deficiencies pose a danger to safety, health, or the environment

Port State Control (PSC) allows the maritime authority of a port state to inspect foreign-flagged vessels visiting its ports to verify compliance with SOLAS, MARPOL, STCW, MLC, and other conventions. In the UK, this is carried out by MCA surveyors. If deficiencies are found that pose a clear danger to safety, health, or the marine environment, the vessel can be detained until the deficiencies are rectified.