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Questions and Answers
The master of a ship is expected to be on board during dangerous maneuvers.
The master of a ship is expected to be on board during dangerous maneuvers.
True (A)
A master can perform legal acts on behalf of the shipowner only in urgent cases or when explicitly authorized.
A master can perform legal acts on behalf of the shipowner only in urgent cases or when explicitly authorized.
True (A)
The master has the responsibility to remain on board as the last person in case of emergencies.
The master has the responsibility to remain on board as the last person in case of emergencies.
True (A)
The Belgian Shipping Code allows the master to act on behalf of the shipowner without any restrictions.
The Belgian Shipping Code allows the master to act on behalf of the shipowner without any restrictions.
Ship agents assume all responsibilities traditionally held by the master.
Ship agents assume all responsibilities traditionally held by the master.
The master cannot request instructions from the shipowner before taking actions necessary for the ship's operation.
The master cannot request instructions from the shipowner before taking actions necessary for the ship's operation.
The master can represent the shipowner in court for cases related to the ship.
The master can represent the shipowner in court for cases related to the ship.
The master has unlimited competencies as a representative of the shipowner in all situations.
The master has unlimited competencies as a representative of the shipowner in all situations.
The master is required to inform the shipowner of the actions taken on their behalf.
The master is required to inform the shipowner of the actions taken on their behalf.
The captain does not need to worry about the marine environment during their duties.
The captain does not need to worry about the marine environment during their duties.
The master of a merchant ship is also referred to as 'captain' in the context of military ships.
The master of a merchant ship is also referred to as 'captain' in the context of military ships.
The engineer department is in charge of the navigation of the ship.
The engineer department is in charge of the navigation of the ship.
The chief steward is responsible for navigation tasks on board the ship.
The chief steward is responsible for navigation tasks on board the ship.
A muster roll is a formal record of all officers serving on a ship.
A muster roll is a formal record of all officers serving on a ship.
The Manila Amendments were enacted to modify the International Convention on Standards of Training for seafarers.
The Manila Amendments were enacted to modify the International Convention on Standards of Training for seafarers.
The electro-technical officer is responsible for all mechanical systems on a ship.
The electro-technical officer is responsible for all mechanical systems on a ship.
The master of the ship has public law competences while the ship is in port.
The master of the ship has public law competences while the ship is in port.
All ships are required to carry an electro-technical officer.
All ships are required to carry an electro-technical officer.
The master is required to serve only the interests of the shipowner.
The master is required to serve only the interests of the shipowner.
The master serves as a civil registrar on a ship, recording births and marriages.
The master serves as a civil registrar on a ship, recording births and marriages.
One situation that may lead the master to represent cargo owners is a refusal of goods by the consignee at destination.
One situation that may lead the master to represent cargo owners is a refusal of goods by the consignee at destination.
The master has the authority to punish disciplinary infringements on board the ship.
The master has the authority to punish disciplinary infringements on board the ship.
The master is not responsible for keeping accurate ship’s books and official documents.
The master is not responsible for keeping accurate ship’s books and official documents.
A sea protest can only be filed by the master if ordered by a competent judge.
A sea protest can only be filed by the master if ordered by a competent judge.
Seafarers typically have access to a copy of their employment contract when signing up for a voyage.
Seafarers typically have access to a copy of their employment contract when signing up for a voyage.
The chief engineer is responsible for the general services on board the ship.
The chief engineer is responsible for the general services on board the ship.
The evidential value of properly kept ship’s books can be freely determined by a judge.
The evidential value of properly kept ship’s books can be freely determined by a judge.
Civil liability for the master or crew rarely comes into play due to widespread exclusions.
Civil liability for the master or crew rarely comes into play due to widespread exclusions.
Radio officers have become a more common position on many ships due to advancements in technology.
Radio officers have become a more common position on many ships due to advancements in technology.
Criminal liability for seafarers includes a special penal and disciplinary regime.
Criminal liability for seafarers includes a special penal and disciplinary regime.
The master is considered the leader of the community on board and holds public authority.
The master is considered the leader of the community on board and holds public authority.
Repeated criminal offenses within one year can lead to doubling of the maximum sanction.
Repeated criminal offenses within one year can lead to doubling of the maximum sanction.
Disciplinary liability of the master is only applicable in cases of criminal offenses.
Disciplinary liability of the master is only applicable in cases of criminal offenses.
The maritime police and consul have the authority to investigate criminal offenses aboard a Belgian ship.
The maritime police and consul have the authority to investigate criminal offenses aboard a Belgian ship.
The master is always vicariously liable for damages caused by crew members during their duties.
The master is always vicariously liable for damages caused by crew members during their duties.
The maximum fine for serious offenses can reach up to 8 million euros.
The maximum fine for serious offenses can reach up to 8 million euros.
Vicarious liability of the shipowner includes actions attributable to agents performing their duties.
Vicarious liability of the shipowner includes actions attributable to agents performing their duties.
Flashcards
Master's Representational Role
Master's Representational Role
The captain represents the owner's interests in legal matters related to the ship, including commercial acts, but within limits set by law.
Master's Authority in Urgent Cases
Master's Authority in Urgent Cases
The master has the authority to act in the shipowner's name in urgent situations, in the absence of instructions, or by specific authority. This ensures smooth operations and protects all parties.
Master's Accountability to Shipowner
Master's Accountability to Shipowner
The master must inform the shipowner about actions taken and be accountable for them. This ensures transparency and proper communication between the shipowner and the captain.
Master's Presence During Critical Manoeuvres
Master's Presence During Critical Manoeuvres
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The Captain Goes Down with the Ship
The Captain Goes Down with the Ship
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Master's Authority Despite Ship Agents
Master's Authority Despite Ship Agents
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Master's Judicial Representation
Master's Judicial Representation
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Master as Point of Contact for Notifications
Master as Point of Contact for Notifications
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Serving the Interests of All Parties
Serving the Interests of All Parties
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Contemporary Adaptation of Master's Responsibilities
Contemporary Adaptation of Master's Responsibilities
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Master
Master
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Seafarer
Seafarer
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Deck Department
Deck Department
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Chief Mate
Chief Mate
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Engine Department
Engine Department
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Electro-technical Department
Electro-technical Department
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Steward's Department
Steward's Department
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STCW Convention
STCW Convention
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Muster Roll
Muster Roll
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Seafarer's Passport
Seafarer's Passport
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Master's Legal Status
Master's Legal Status
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Civil Registrar
Civil Registrar
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Notary
Notary
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Commander
Commander
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Disciplinary Judge
Disciplinary Judge
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Master's duty to multiple parties
Master's duty to multiple parties
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Refusal of goods at destination
Refusal of goods at destination
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Lack of freight payment
Lack of freight payment
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Declaration of general average
Declaration of general average
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Conclusion of a salvage agreement
Conclusion of a salvage agreement
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Ship's books and documents
Ship's books and documents
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Accessing ship's documents
Accessing ship's documents
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Evidential value of ship's records
Evidential value of ship's records
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Captain's report/Sea protest
Captain's report/Sea protest
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Purpose of the captain's report
Purpose of the captain's report
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Potential liability of master and crew
Potential liability of master and crew
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Categories of liability
Categories of liability
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Criminal liability of master and crew
Criminal liability of master and crew
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Sanction levels for maritime crimes
Sanction levels for maritime crimes
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Vicarious criminal liability of shipowner
Vicarious criminal liability of shipowner
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Study Notes
Master and Crew
- Seafaring involves diverse roles and ranks, each with specific duties crucial for ship operations.
- Roles differ between merchant ships and military ships, and also between cargo, passenger, and other types of ships.
- "Seafarer," "sailor," and "mariner" are umbrella terms for those working on ships.
- The Master ("magister navis") is the highest rank, responsible for commanding the ship according to the owner's instructions. "Captain" is more often used in a military context.
- Other officers, known as "mates," assist the Master and manage subordinate crew members.
- "Ratings" are the subordinate crew members.
Ship's Crew Categorization
- A ship's crew is typically divided by function and skills into departments.
- The Deck Department is responsible for navigation (bridge team) and cargo operations. It's led by the Chief/First Mate, who answers to the Master regarding ship and cargo(and passengers/crew) safety. Junior deck officers like second/third mates oversee ratings.
- Ratings include able seamen (AB, with 2+ years experience) and ordinary seamen(OS, apprentices). They are supervised by the boatswain/bosun, and the most senior rating acts as foreman.
- The Engine Department handles propulsion machinery maintenance and repairs. This department is headed by the chief engineer and includes officers and ratings (motorman, oiler, wiper, etc.)
- The Electro-Technical Department is responsible for all electrical systems. Headed by an Electro-technical officer, who answers to the chief engineer. This department may not be present in all vessels. Radio officers are less frequent.
- The Steward's Department provides general services like cooking, cleaning, and accommodation. Led by the Chief Steward (sometimes also Chief Cook), and staff like messmen, cooks, pursers, cleaners, surgeons, and chaplains comprise the department.
Relevant Treaties
- International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW) (1978). Adopted by the International Maritime Organization (IMO), this treaty sets international minimum requirements for masters, officers, and deck personnel. It has significant amendments (e.g., 2010 Manila Amendments).
- International Convention for the Safety of Life at Sea (SOLAS) (1974). Adopted by IMO, this treaty focuses on provisions regarding ship manning levels.
- Maritime Labour Convention (2006). Developed by the International Labour Organisation (ILO). It provides comprehensive provisions relating to seafarer rights and employment conditions.
Muster Roll
- The muster roll traditionally documents names, ranks, ages, and enlistment dates of crew members for a voyage.
- Information is compiled by the master at the start of a voyage and returned on discharge.
- The information within the Seafarer's book (muster roll/monsterboekje etc) is traditionally regarded as the seafarers passport.
- Seafarer's passport: A record of personal, training, and voyage information. Used in contracts between the shipowner and seafarer (employment conditions and wages). The muster roll is still relevant for some administrative purposes of the master.
Legal Status, Rights, and Duties of Master
- Masters have complex legal statuses due to extensive on-board responsibilities (particularly at sea), including command, public, and private law responsibilities.
- Many aspects of their representational responsibilities are now handled by ship agents.
- Masters are frequently responsible for representing shipowners in legal matters concerning the ship/voyage.
- Masters can complete administrative tasks like document management (ship logs, ownership, certificates, protest forms, etc,). This responsibility is often used to assess and manage potential damages/disputes.
Liability of Master and Crew
- Possible liabilities for masters and crew, including criminal, civil, and disciplinary liability, vary according to the context of the action.
- Criminal liability arises from specific offenses outlined in the Belgian Shipping Code, which addresses offenses against the master, and against the entire ship crew.
- Civil liability arises from acts outside the scope of employment, or gross negligence/willful misconduct of masters/crew members.
- Disciplinary liability is a separate category of offences, and includes offenses such as disobedience or intoxication. Penalties vary.
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Description
Explore the diverse roles and ranks within seafaring professions. Understand the distinctions between crew responsibilities on different types of ships, including merchant and military vessels. Learn about the Master, officers, and the structure of a ship's crew.
