Q:-In relation to sea-worthiness of a ship discuss the responsibility and authority of the following stake holder.
Maritime aministration ,Recognized oganization ,Ship owner,Insurance company
ANSWER:-
MARITIME ADMINISTRATION:-
AUTHORITY:-
According to UNCLOS, flag state is completely responsible for the administrative, technical and social matter of the ship, which also includes seaworthiness.
Article 94 of UNCLOS states that every state has to bring all the international conventions, to which they are parties, into their national laws.
In India MS act 1958 as amended,it is written that for all Indian flagged ship,India is responsible and dedicated to ensure the safety of the ship, the protection of life and property at sea and the marine environment.
RESPONSIBILITY:-
1) To make ship construction rules.
Various IMO conventions to include in national legislation .
Monitoring the vessel during construction.
Do initial survey of vessel before registration .
Do periodic surveys to check ship standards .
Do investigation involving ship accidents.
Impose penalty to owners who are not maintaining ship seaworthy .
RECOGNIZED ORGANISATION:-
AUTHORITY:-
These are independent organizations which do not benefit from ship owners, builders etc.
Flag state often authorizes these recognized organization some responsibilities by issuing official gazettes, notices or orders.
RO is only working on behalf of flag state.
RO code.
RESPONSIBILITY:-
Make construction rule book and get it verified by administration .
Monitor the vessel construction in yard.
3) Ensure that ship’s equipments are in sound and reliable condition.
4) Ensure that ship’s various system comply with flag state rules and various international convention.
5) Survey the vessel. All survey reports to be submitted to flag state.
6)Advice and give necessary technical guidance to owners for maintaining seaworthiness of ship.
Responsibility of ROs in today shipping world has increased as port states, charterers, P&I clubs rely on them to confirm that vessel is classed all time and complies with international conventions and safety standards.
SHIP OWNER:-
AUTHORITY:-
To carry out his responsibilities the ship owner is free to choose any state where his ship can be registered and to choose any classification society recognized by that flag state.
RESPONSIBILITY:-
1) He has to maintain the condition of hull, m/c, cargo holds, cargo handling gears, safety etc. in highest grade.
2) He has to maintain class notification assigned to him.
3) He has to follow all the flag state’s regulation and the local regulations where his ship is visiting.
4) Call the surveyors to carry out different surveys and to revalidate the certificates.
Report to flag state if any deficiency is developed on the ship which affects seaworthiness.
INSURANCE COMPANIES:-
AUTHORITY:-
According to MS act 1958 as amended vessel has to only cover civil liability for oil pollution.( Part X B of MS act).
No other insurance like H&M and P&I is required according to law.
Owners require insurance for commercial purpose, otherwise they will not get business. So, authority of insurance companies is limited to their own benefit that if unseaworthy vessels are covered by them, they will have to pay more claims.
RESPONSIBILITY:-
Ensure that vessel is seaworthy before issuing insurance policy .
Ensure vessel is under class and class condition is maintained .
Ensure ship owners have good management expertise.
4) Ensure ship owner is doing legal business.
Maritime aministration ,Recognized oganization ,Ship owner,Insurance company
ANSWER:-
MARITIME ADMINISTRATION:-
AUTHORITY:-
According to UNCLOS, flag state is completely responsible for the administrative, technical and social matter of the ship, which also includes seaworthiness.
Article 94 of UNCLOS states that every state has to bring all the international conventions, to which they are parties, into their national laws.
In India MS act 1958 as amended,it is written that for all Indian flagged ship,India is responsible and dedicated to ensure the safety of the ship, the protection of life and property at sea and the marine environment.
RESPONSIBILITY:-
1) To make ship construction rules.
Various IMO conventions to include in national legislation .
Monitoring the vessel during construction.
Do initial survey of vessel before registration .
Do periodic surveys to check ship standards .
Do investigation involving ship accidents.
Impose penalty to owners who are not maintaining ship seaworthy .
RECOGNIZED ORGANISATION:-
AUTHORITY:-
These are independent organizations which do not benefit from ship owners, builders etc.
Flag state often authorizes these recognized organization some responsibilities by issuing official gazettes, notices or orders.
RO is only working on behalf of flag state.
RO code.
RESPONSIBILITY:-
Make construction rule book and get it verified by administration .
Monitor the vessel construction in yard.
3) Ensure that ship’s equipments are in sound and reliable condition.
4) Ensure that ship’s various system comply with flag state rules and various international convention.
5) Survey the vessel. All survey reports to be submitted to flag state.
6)Advice and give necessary technical guidance to owners for maintaining seaworthiness of ship.
Responsibility of ROs in today shipping world has increased as port states, charterers, P&I clubs rely on them to confirm that vessel is classed all time and complies with international conventions and safety standards.
SHIP OWNER:-
AUTHORITY:-
To carry out his responsibilities the ship owner is free to choose any state where his ship can be registered and to choose any classification society recognized by that flag state.
RESPONSIBILITY:-
1) He has to maintain the condition of hull, m/c, cargo holds, cargo handling gears, safety etc. in highest grade.
2) He has to maintain class notification assigned to him.
3) He has to follow all the flag state’s regulation and the local regulations where his ship is visiting.
4) Call the surveyors to carry out different surveys and to revalidate the certificates.
Report to flag state if any deficiency is developed on the ship which affects seaworthiness.
INSURANCE COMPANIES:-
AUTHORITY:-
According to MS act 1958 as amended vessel has to only cover civil liability for oil pollution.( Part X B of MS act).
No other insurance like H&M and P&I is required according to law.
Owners require insurance for commercial purpose, otherwise they will not get business. So, authority of insurance companies is limited to their own benefit that if unseaworthy vessels are covered by them, they will have to pay more claims.
RESPONSIBILITY:-
Ensure that vessel is seaworthy before issuing insurance policy .
Ensure vessel is under class and class condition is maintained .
Ensure ship owners have good management expertise.
4) Ensure ship owner is doing legal business.
