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Questions and Answers

What distinguishes a Class Certificate from Safety Convention Certificates?

  • A Class Certificate expires upon changing of Class, while a Safety Convention Certificate generally has a validity period of 5 years. (correct)
  • Class Certificates are related to the seaworthiness of the vessel, while Safety Convention Certificates pertain to navigation.
  • For a new ship, Special Surveys are required for a Class Certificate, and Initial Surveys are required for Safety Convention Certificates.
  • A Class Certificate is issued by a private organization, while a Safety Convention Certificate is issued by the Flag State.

According to the ISM Code, what responsibilities does the master have?

  • All the above (correct)
  • To verify that specific safety and environmental requirements are observed.
  • To motivate the crew to observe the safety and environmental protection policy and issue appropriate orders and instructions.
  • To implement the safety and environmental protection policy.

How does the Master typically ensure that the ship possesses all the necessary and valid certificates and documents?

  • By regularly requesting reports from the crewing department.
  • By maintaining a list of certificates and documents with their expiry dates. (correct)
  • By checking only the physical ship's file containing the certificates and documents before each voyage.
  • By contacting the company before each port arrival to confirm document validity.

Which combination of certificates is essential for passenger ship safety, compliance, and security?

<p>Passenger Ship Safety Certificate, Document of Compliance, Safety Management Certificate, International Ship Security Certificate (A)</p> Signup and view all the answers

An International Oil Pollution Prevention Certificate is mandatory for which of the following vessels?

<p>Tankers exceeding 150 GT and all other ships exceeding 400 GT (C)</p> Signup and view all the answers

Where can a detailed list of the items surveyed for the issue of the International Oil Pollution Prevention Certificate be found?

<p>Record of the Construction &amp; Equipment (C)</p> Signup and view all the answers

Which regulatory framework mandates the International Pollution Prevention Certificate for the carriage of Noxious Liquid Substances in Bulk?

<p>Annex II of Marpol 73/78 (B)</p> Signup and view all the answers

Which organizations commonly provide oil pollution insurance necessary to obtain a CLC Certificate?

<p>P &amp; I Clubs (B)</p> Signup and view all the answers

What primary action must a master undertake concerning the crew and emergency equipment when opening the Articles of Agreement on a Singapore ship?

<p>Ensure the crew is familiar with the ship’s emergency equipment. (C)</p> Signup and view all the answers

After the Articles of Agreement have been initiated, which document must be displayed prominently on board the vessel?

<p>Copy of the front cover of AA (A)</p> Signup and view all the answers

Where else can the unique reference number assigned to each crewmember in the Articles of Agreement be found?

<p>The Official Log Book. (A)</p> Signup and view all the answers

What legal implication arises when a seaman signs the “Release” column of the Articles of Agreement upon discharge?

<p>The seaman forgoes any potential claims against the ship and its owner. (A)</p> Signup and view all the answers

Before whom should a note of protest be made?

<p>Any of the above (D)</p> Signup and view all the answers

When should a note of protest concerning cargo damage be made?

<p>Any of the above (D)</p> Signup and view all the answers

Where are the standard terms and conditions of the Articles of Agreement outlined in compliance with the MSA179?

<p>On the back cover of the AA document itself. (A)</p> Signup and view all the answers

Under what condition would a master reserve the right to extend a note of protest?

<p>If the full extent of the damage or loss cannot be ascertained when noting the first protest (B)</p> Signup and view all the answers

According to STCW 95, what assessments can a port state control inspector perform?

<p>Any or all of the above (E)</p> Signup and view all the answers

A bulk carrier loads mineral ores in a tropical port in December, destined for North Japan, traversing tropical (4 days), summer (3 days), and winter (2 days) zones. To avoid overloading upon arrival in the winter zone, what loading guideline should be followed?

<p>Load to tropical deadweight minus 9 days total consumption of fuel, water, and stores (D)</p> Signup and view all the answers

Under common law, what constitutes justifiable deviation in maritime contexts?

<p>Saving of life. (B)</p> Signup and view all the answers

In contracts of affreightment and marine insurance, what is considered a justifiable deviation?

<p>Saving of life and/or property. (C)</p> Signup and view all the answers

Under what condition(s) may a voyage charterer cancel the charter agreement?

<p>Any or a combination of the above. (D)</p> Signup and view all the answers

Under which of the following circumstances might a vessel be judged unseaworthy by a court?

<p>Any or all of the above. (D)</p> Signup and view all the answers

Which of the following is included under common law maritime lien?

<p>Any of the above. (D)</p> Signup and view all the answers

Which Statute Law of Singapore governs the provisions of the Articles of Agreement for seafarers?

<p>Merchant Shipping Act. (C)</p> Signup and view all the answers

Maintaining health and hygiene on board ships is primarily subject to the regulations of which organizations?

<p>The World Health Organisation and Infectious Disease Act of Singapore. (B)</p> Signup and view all the answers

In Singapore, what are the potential penalties for the master, owner, and agent of a ship that discharges refuse, garbage, wastes, effluents, plastics, and dangerous pollutants into Singapore waters?

<p>Each shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 1 year or to both. (A)</p> Signup and view all the answers

What is the primary purpose of a Mareva Injunction issued by a court?

<p>To prevent the defendant from dissipating or removing their assets. (C)</p> Signup and view all the answers

In a typical voyage charter party agreement, how is the shipowner's payment usually determined?

<p>Based on the actual quantity of cargo loaded. (B)</p> Signup and view all the answers

From which document is the information typically transferred to create the Bill of Lading?

<p>The Mate’s receipt (C)</p> Signup and view all the answers

If a warranty within a contract is breached, what recourse does the injured party typically have?

<p>They may sue for damages but are obligated to continue with the contract. (A)</p> Signup and view all the answers

Which action is NOT a legal duty expected of an agent acting on behalf of their principal?

<p>To disclose confidential information about the principal to third parties. (B)</p> Signup and view all the answers

What best describes 'Subsidiary Legislation'?

<p>Legislation relating to financial subsidies and economic support programs. (B)</p> Signup and view all the answers

Which type of law is derived from long-standing customs and usages that have gained legal force over time?

<p>Common Law (A)</p> Signup and view all the answers

Under what circumstance is an agent considered in 'Breach of Warranty of Authority'?

<p>When they falsely claimed to have full authority but lacked the power to contract. (A)</p> Signup and view all the answers

Flashcards

IOPP Certificate Required?

Tankers > 150 GT and other ships > 400 GT.

IOPP Survey Items List?

The Record of Construction & Equipment.

NLS Certificate Standard?

Annex II of MARPOL 73/78.

CLC Insurance Providers?

P & I Clubs.

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Class Certificate

Issued by a private organization (Classification Society); expires upon changing class.

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Safety Convention Certificate

Issued by the Flag State; has a validity period (usually 5 years).

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Class Certificate (New Ship)

A Class Certificate requires Special Surveys for a new ship.

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Safety Convention Certificates (New Ship)

Initial Surveys

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Master's ISM Code Responsibilities

Implement safety/environmental policy, motivate crew, issue orders, and verify requirements.

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AA Opening: Crew Awareness

Crew on a Singapore ship must be informed about the ship's emergency equipment when the Articles of Agreement are opened.

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AA Posting Requirement

After opening the Articles of Agreement (AA), a copy of the front cover of AA must be posted in a visible place on board the vessel.

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AA Reference Number Link

Every crewmember's reference number on the Articles of Agreement matches their number in the Official Log Book.

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AA 'Release' Column Meaning

When a seaman signs the "Release" column of the Articles of Agreement upon discharge, they release the ship owner and master from any claims.

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AA Terms Location

According to the MSA, the general terms and conditions of the Articles of Agreement are stipulated on the front cover of the AA.

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Note of Protest

A formal declaration made under oath before an authorized official, such as a Notary Public, Commissioner for Oaths or a Singapore Consul, to record circumstances where the vessel suffered damage or encountered adverse conditions.

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Note of Protest Timing (Cargo)

A note of protest concerning cargo damage should be made before unloading the cargo to accurately record the condition of the goods upon arrival.

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Extending Note of Protest

The master reserves the right to extend a note of protest when the full extent of damage or loss cannot be immediately determined.

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Port State Control Inspections

Port State Control (PSC) inspectors can check certificates, equipment, and assess crew proficiency under STCW 95 regulations.

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Common Law Warranties (Shipping)

Common law warranties include that the vessel should be seaworthy, proceed with reasonable dispatch and should not deviate unjustifiably.

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Mareva Injunction

Prevents a defendant from removing or hiding assets.

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Voyage Charter Payment

Based on the quantity of cargo loaded.

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Bill of Lading Cargo Info

The Mate’s receipt.

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Breach of Warranty Remedy

Sue for damages but must continue with the contract.

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Agent's Duty (NOT)

To disclose confidential information to others about his principal.

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Subsidiary Legislation

Rules made by Ministers or bodies with powers from Acts of Parliament.

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Common Law

Customs and usages which have a force of law

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Breach of Warranty of Authority

When an agent claims authority they do not have.

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Justifiable Deviation (Common Law)?

Saving life only.

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Justifiable Deviation (Contracts)?

Saving life and/or property.

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Voyage Charterer Cancellation?

Vessel hasn't arrived by the cancellation date; holds/tanks are not cleaned; cargo capacity insufficient.

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Unseaworthiness Circumstances?

Invalid certificates, defective systems (ventilation/refrigeration), or improper charts.

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Common Law Maritime Lien?

Unpaid wages, salvage awards.

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Singapore Articles of Agreement Law?

Merchant Shipping Act.

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Ship Health & Hygiene Regulations?

World Health Organisation & Infectious Disease Act of Singapore.

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Pollution from Ships (Singapore)

Fine ≤ $5,000 or imprisonment ≤ 1 year, or both.

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Study Notes

Master's Primary Concerns when Taking Delivery of Laid-Up Ship

  • When taking delivery of a laid-up ship, a Master's primary concerns should include the validity of the Class and all convention certificates such as:
    • Seaworthiness.
    • Cargo-worthiness.
    • Fittedness for the intended voyage.

Approving IMO Resolutions

  • An IMO Resolution on an Amendment or Recommendation must be approved by the IMO Assembly.

Statutes Governing Ship Management

  • The statute that legislates the management and operation of ships is the MSA 179

MPA's Power to Legislate on Shipping Safety

  • MPA, or the Maritime and Port Authority of Singapore, can make subsidiary legislation on the safety of shipping under the provisions of the MSA 179

Enforcement of MARPOL 73/78 in Singapore

  • Singapore enforces MARPOL 73/78 under the provisions of the Prevention of Pollution of the Sea Act 1990

Penalties for Contravening MARPOL 73/78

  • If found guilty of contravening MARPOL 73/78, the liability can range from S$1000.00 to S$1,000,000.
    • It can lead to a maximum of two years imprisonment.
    • It can lead to both.

Tanker Clearance Requirements

  • Tankers require the following for inward clearance:
    • IOPP Cert.
    • CLC.
    • IAPPC.
    • IGPPC.
    • ISSC.

Certificates for Departure Clearance

  • For departure clearance, certificates need to be produced to show that the vessel is not a threat to life, property, or the environment.

The IMO "White List"

  • The IMO "white list" shows the countries that conduct their maritime training, and certification in accordance with the requirements of STCW 95.

Mandatory training under STCW 95

  • STCW 95 has new mandatory training features:
    • The use of simulators in the radar and ARPA training.

UN Agencies Affecting Merchant Ships

  • Besides the IMO, merchant ships are also affected by the conventions of these UN Agencies; ILO, WHO and ITU.

Regulations Governing Carriage of Good by Sea

  • Regulations for the carriage of goods by sea are governed by the Hague and Hague-Visby Rules.
    • Any of the above.

Statute Law for Singapore Ships

  • Statute Law introduced by Singapore Parliament which must be complied with by all Singapore ships includes the Merchant Shipping Act 179

MPA Enforcement of IMO Convention Regulations

  • The MPA enforces various IMO convention regulations on Singapore ships through subsidiary legislation.
    • Subsidiary legislation includes proclamations, rules, regulations, orders, resolutions, notices, rules of court, bylaws, or instruments made under an Ordinance with legislative effect.

Main Committee of IMO

  • The main committee of IMO which formulates regulations concerning safety of life and property at sea is the Maritime Safety Committee.

Grounds for Cancelling/Suspending a Certificate of Competency

  • A Certificate of Competency of an officer can be cancelled or suspended if the officer is found to be unfit to discharge his duties, seriously negligent, or failing to assist following a collision.

Requirements for Singapore Certificate of Registry

  • When applying for a Singapore's Certificate of Registry of a second-hand ship, the main conditions to be fulfilled include:
    • Title of ownership.
    • Certificate of cancellation of previous registry.
    • Evidence of seaworthiness.

Requirements for a Cerificate of Registry

  • Upon successful application for a certificate of registry the ship must be properly certificated.

Disputes Involving Seaman's Wages

  • When a dispute relating to monies payable to a seaman under a crew agreement is brought to the Director of Marine for a decision, the Director may refuse to decide if the sum exceeds $5000.00

Reporting Complaints to the Director of Marine

  • Following complaints, if a master' action is not satisfactory, this matter can be brought up to the Director of Marine by three or more seamen.

Complaints Seaman Can Make to the Master

  • Complaints that seamen can make to the master could include provisions and water, dissatisfaction with the master or any other seaman, or conditions on board the ship.

Medical Attention on Ships Without a Doctor

  • Where a ship does not carry a doctor, medical attention on board is to be given by the Master, or any person delegated by him and a shore doctor through radio medical advice.

Reporting an Accident to the Administration

  • The master of a Singapore ship which has suffered an accident or defects affecting ship's seaworthiness, shall report this to the Administration within 24 hours.

Classification Societies Authorized by Singapore Government

  • Some Classification Societies are authorized to conduct surveys and issue on behalf of the Singapore Government the IMO Convention Certificates.

Validating Certificates at a Port of Refuge

  • At a port of refuge following a serious accident, the master should ensure the Class and any of the Convention Certificates shall be validated

###Master Action After Accidents in Coastal Waters

  • Where assistance is required following an accident in coastal waters, the master can contact owners to arrange towage to the nearest port of refuge time permitting

International Lloyd's Standard Open Form of Salvage Agreement

  • The International Lloyd's Standard Option for Damage Agreement serves the ship owner and salvers' interest with the "No cure – no pay" basis.
    • Salvers right of maritime lien on ship and/or the salvage reward.

Considerations for Salvage Service Award

  • The award of the salvage service will consider whether the salved property was in imminent danger, whether the salvor voluntarily conducted the salvage service, and whether the property was successfully salved.

Priority of Maritime Lien when Settling Debts

  • To earn freight, with maritime orders of priority in settling the lien: Crew's wages - Salvage awards - Loan from bottomry bond holder - Complete voyage.

Definition of Extraordinary sacrifices

  • Extraordinary sacrifices or expenditures intentionally and reasonably made or incurred for the purpose of the saving the property involved in a common maritime adventure is known as a general average act as laid down in the York Antwerp Rules.

Conditions for general average to occur

  • Conditions for a general average to occur include: A common danger to the ship and cargo and an intentional extraordinary sacrifice or expenditure.

Salvage Expenses for Ships Not Under Charter

  • Salvage expenses occurred by an empty liner service run ship not under charter can be considered salvage award.

Circumstances Leading to Constructive Total Loss

  • A constructive total loss is considered when the cost of repair to the damaged ship exceeds the insured value of the ship

Practical Purposes of Registering a Ship

  • Practical purposes of registering a ship would be ability to trade internationally and facilitation of sale/purchase of the ship.
    • Facilitation of ship financing and obtaining mortgages.

Distinguishing IMO Number from Official Number

  • A ship's IMO Number is permanent and the latter is withdrawn when deregistered.

Use of Ship's Class Certificate

  • A Ship's Class Certificate is used to obtain Insurer and P&I Club coverage

Effects of Declassification for a ship

  • Should a ship be declassified, under writers and P&I club coverage will cease.

Difference between the Convention Certificates

  • Some Classification Certificates differ because, A Class Certificate is issued by a private organization while the latter by the Flag State.

ISM Code requirements for the master

  • The ISM Code requires the master to implement safety and environmental protection policy

How the Master Knows that the Ship has all the Relevant Certificates

  • The Master knows a ship has all relevant certificates and documents by maintaining a list of certificates & documents with their expiry dates.

Master's Responsibilities Under the ISM Code

  • Master's responsibilities under ISM code include: Implementing Company Policies, Report non Conformities and review SMS.

The Master is to Implement Company Policies

  • The Master is to Implement Company Policies Through training, interviews, drills, exercises and education.

How the Master Verifies that Requirements Are Being Observed

  • The Master Complies with Verification by completing checklists And observing the shipboard activities

Objective of a Health and Safety Policy

  • A shipping Company's Health and Safety policy should be above Its commitment on business activities

What the ISM Code Provides

  • The ism Code provides procedures for Identification of Potential risks and Hazards Risk Assessment.

How to Make New Personnel Aware of a Ships Policies

  • Familiarization of new personnel can be done through watching videos Understanding operating manuals
  • Safety talks by an officer.

How Members Should Be Able to Communicate

  • Crewmembers should be able to communicate with each other in all shipboard situations

What Statutory Certificates are Required by

  • Statutory certificates on board ships are required by flag state

The Conduct of the Safety Construction Certificate

  • Intermediate surveys for cargo Ship safety construction Certificate Should be conducted within six months of the second anniversary or third anniversary of the period of the validity of the certificate.

What Items Comprise Survey Material

  • Most of the survey items required for the issue of the Cargo Ship Safety Construction are covered by class surveys.

New Officer Document List

  • A newly enjoined officer has a Record for Safety Equipment Certificates.

What the Main Statutory Documents for a VLCC are

  • The Main Statutory Documents Required to Be Carried on Board a VLCC are: International Oil Pollution Prevention Certificate, Oil Record Book Shipboard Oil Pollution Emergency plan manual & Civil Liability against Oil Pollution Certificate.

Passenger Ship Safety Convention

  • The Safe Convention Certificates required to be carried aboard a Passenger include: Passenger Ship Safety Certificate Safety Equipment Certificate & Safety Radio Certificate

Needed Document

  • International Oil Pollution Prevention Certificate needed to be carried Aboard; Tankers of more than 150 GT and all other ships of more than 400GT

Items That Are to Been Surveyed

  • Items surveyed for the issue of the International Oil Pollution Prevention Certificate are listed in the Tanker Operational manual.

Pollution Prevention Certificate

  • International Pollution Prevention Certificate for the carriage of Noxious Liquid Substances in Bulk is required by the annex II of Marpol 73/78

CLC Certificate:

  • The organizations which will usually offer oil pollution insurance to obtain CLC Certificate are:
    • Lloyds Underwriters
    • P & I Clubs.
    • Any of the above.

Certificate To Cover Oil

  • The certificate required by the U.S Oil Pollution Act 19190 to cover oil pollution liability in American waterers is: -Certificate of Financial responsibility

CLC Authorities:

  • The CLC Certificate is usually required by the Port Authorities when entering in port

Deratting and Exemption Certificates Required

  • The regulations which require the De-ratting and De-ratting Exemption Certificates derive from the: International Maritime Organization.

Certificates Issued

  • De-ratting and De-ratting Exemption Certificates are issued by Port Health Authorities.

Registry:

  • NT shown in a certificate partially based on the earning capacity of the ship.

Determination

  • The main purpose of the net tonnage is for determining the Payable port & lights dues

Singapore's Regulations

  • Singapore's Merchant Shipping (Load Line) Regulations 2000 Shall not apply to the following types of ships pleasure crafts not engaged in trade.

Certificate Surveys

  • The surveys and inspections required for International Load Line certificate are Initial, Periodical or renewal survey and annual inspection

The Term "WRECK"

  • The term " WRECK could include any of the following: Lagan,Jetsam Flotsom,or Derelict Vessel

Wreck Possesion

  • Any Person who finds or Takes possession of an abandoned ship at sea will have To: Report his findings to the receiver of wreck of the nearsest Port

The Salvage Agreement

  • The use of the International Lloyd's Option of Salvage Agreement by the master Would facilitate. the slowing of his distressed vessel

Assistance

  • For providing assistance in preventing or minimizing damage to the environment

###Pilotage Caused Damage

  • Where pilotage compulsory and is damaged, the owner's underwriters covers it.

The Conditions Required to Communicate

  • The essential conditions in which a master can be an agent of necessity Can be any or all of the above?

Article Agreement Validity

  • The validity of the Singapore's Voyage Articles of Agreement is not exceeding 24 months

Ensurance

  • When the master opens the articles of agreement on a singapore ship, he has to ensure that the crew Cartify that they have read and understood the terms and conditions of The Agreement

The Agreement Posting

  • After opening the Articles of Agreement the Following needs To be posted Conspicuous place on Board The Vessel:formU

The Agreement Reference

  • The Reference number of Every Crew member Shown on the Articles of Agreement is the same as shown in the:the Red Copy of the Articles of Agreement.

Release of Seaman

  • When a seaman signs in the"Release"column of the Articles of Agreement upon discharge, it implies that: All the above

AA

  • The general terms and conditions of the Articles of Agreement in accordance with the MSA179, are stipulated: in the clauses attached to the AA

Closing

  • The Official log book is returned to MPA when; The Official Book Is Closed Together With the articles of agreement

Record

  • The Cargo Record and Procedures & Arrangement manula be carried Aboard Chemical tankers

Examintaion

  • Included In"Chain Register " Are Certificates The Test And Examination of Wire Rope

cargo Doc

  • Documentation for Anchors, Cables, And Accessories Aboard Cargo ships are regulated by the: Classification Rules & Regulation For the Construction of ship

  • The Testing authority for anchors and cables are: Classification Society

Charter

  • A Time Charted Vessel was given fresh instructions to proceed to a position Beyond the geographical limits stipulated in the AA In order to proceed the ship owners must obtain approval From: All The Above

Injury on Board:

  • For death and injury of any crew On Board Singapore ships, compensation shall be provided by the Workmen's Compensation Act

Change Of Officers

  • When the is a change of officer On Board Singapore Registered Ships, MPA shall be immediately notified by the following: Form ENG2A or 68D *electronic mail

Death:

  • For deaths seamen, the participles should be reported through Use of all the following: The official Log Book & RDD4 MARINE 136 ENG2A Electronic Mail

Opening The Articles Of Agreement

  • The "Memorandum" " Used When Opening The Articles Of Agreement Is To Cartify That All Officers Ratings: Have Fully Understood The Terms Conditions Of Employment.

Submit To MPA For Approval

  • All additional Clauses Which are To Incorporate in The Articles Of Agreement Must Be Submitted To MPA For Approval: At least Two Working Days Before Opening The Articles of Agreement

Producing Aboard

  • When engaging a foreign seaman aboard a Singapore Ship the following must Be produced: A Certification That HE Has Under gone Proper Tranding Ina Recognized Maritime Institution. A medical certificate to show his fitness Written consent from MPA

Ship Board Discipline:

The MSA 179 Regulations for maintaining discpline on Board Singapore ships, following may be imposed by the Master: A fine not exceeding $50 for the first offense

###Agreement On Expiry

  • The Maritime Security Agency (MSA) has the following options: renew the articles of the agreement with the consent of the crew and notify Maritime Security Agency at the list.

Personal Effects Inventory

  • With respect to property of deceased seamen the master is requird to make inventories of Personal Effects and full statement of account to be Signed by Two Other Ships members

###Choosing Contractors

  • At port or refuge the right to chews thr fair contractors will be the Underwriters

Disciplinary offense:

  • The master shall deallll with the disciplinary offenses on board before arrival at the Next Port.

Contract Of Goods

  • Waybill is contract of carriage of good normally used on coastal Trade and as a non-negotiatable bill of lading receipt

Through Bill Of Lading

  • The document which is Issued To cover the Entire transport Involving Different Modes of Transport IS Combined Transport Bill of Lading

Acceptance

  • The Acceptance Of"Letters Of Indemeity"For The Issue Of"clean" bills Of Lading WOULD Jeopardized The Interest

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