part 16 cor,aoa,complaints

8/14/2019 Part 16 Cor,Aoa,Complaints

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CLASS 1 & 2 ORAL ANSWERS ( PART 16 )

REGISTRATION OF SHIPS

PURPOSE OF REGISTRATION

To provide primae facie evidence that the vessel is duly registered;To establish the identity of the Ship owner, and the Ship;To be used in lawful navigation, and produced whenever demanded by the various authoritiesTo serve as a public document showing that the ship is entitled to the privileges and subject to the

duties of a Singapore ship;To indicate the name(s) of the first Master and subsequent masters on the Cert of Registry;To permit the Ship owner to limit his liability according to the established tonnage shown on the

Certificate of Registry;To facilitate future transactions namely transfers, mortgages, transmissions and the discharge of

mortgages.The Certificate of Registry is not subject to detention by an owner, a mortgagee, or any other person

in respect of a claim.

SHIPS EXEMPTED FROM REGISTRYAny ship not exceeding 15 tons;Any native sailing ship; andAny fishing vessel licensed under the fisheries Act.

PROCEDURES FOR REGISTRATIONRegistration anew is required upon any change of ownership and upon any major alteration to a

vessel.

Registration effected as soon as the required documents duly completed are submitted to theRegistrar of Ships.

Application for Proposed Ships NameApply to Registrar for approval of a proposed ship's name at least two weeks in advance.More than one names in order of preference to be clearly stated.An approved name is valid for one year.

Call Sign/Signal LettersOwners are to state clearly whether application is for telegraphy or telephony call signs/signal letters.Then apply for TAS license to operate shipboard radio station.

Vessels equipped with GMDSS are to obtain the Maritime Mobile Service Identity (MMSI) numberfrom the International Mobile Services Dept of Singapore Telecoms.

Formal application

Application by Owner or Agent for registration to be made on prescribed forms.Together with formal application the following are to be submitted:

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Notice of proposed NameAppointment of AgentEvidence of tittle to Ownership:

Builder's CertificateOriginal Bill of SaleIf no sale - previous certificate of registry or true copy of transcript.

International Tonnage Measurement CertificateEvidence of Cancellation of previous Certificate of RegistryEvidence of Seaworthiness:Certificate of ClassSOLAS CertificatesILL CertificateDOC & SMC Certificates.Certificate of Fitness for NLS or Liquefied Gas TankersIOPP/SOPP Certificate as to be not a threat to the environmentLetter of application for Signal Letters and confirmation that Radiotelephony or Telegraphy set has

been installed on board

GMDSS installationEngine particularsImport Permit (if applicable)Registration and Annual Tonnage Fee

SHIP'S CARVING AND MARKING NOTEUpon receipt of all above-mentioned documents, the Registrar will issue the Carving and MarkingNote to be certified by a Govt orClass Surveyor after verification that the carving and marking of the ship has been duly carried out,and the C & M Note returned to the Registrar. (Markings on Ships Names., Port of Registry & DraftMarks).Upon completion of all registration formalities, a Certificate of Registry will be issued.

PROVISIONAL CERTIFICATE OF REGISTRYIf owner is unable to submit:

permanent International Tonnage Measurement Certificate, orevidence of cancellation of previous Certificate of Registry

A Provisional Certificate of Registry, valid for one year, may be issued subject to thefollowing conditions:

that all relevant documents anda letter showing approval and steps have been taken to effect cancellation of previous Certificate of

Registry have been submitted to the Registrar.Evidence of cancellation of previous Certificate of Registry (Deletion Certificate or closedtranscript) is to be submitted within 30 days of provisional registration, and permanent TonnageMeasurement Certificate, within one year.

Upon receipt of all the above documents that a Permanent Certificate of Registry may beexchanged.

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SHIP NOT IN SINGAPOREProvisional Registry may be effected in Singapore upon receipt of all the relevant documents, andalso a letter showing approval and that steps have been taken to effect the cancellation of theprevious Certificate of Registry.The Provisional Certificate of Registry may then be issued to the owner by a Singapore Mission or a

Commonwealth Consul overseas in exchange for:Evidence of title to OwnershipEvidence of SeaworthinessAny other documents required by the Registrar.

Documents must be notarised and legalised if they are executed outside Singapore.Permanent Certificate of Registry may also be effected for a ship which is not in Singapore providedall the documents including Permanent Certificate of Measurement are submitted to the Registrar inSingapore.The Permanent Certificate of Registry may then be issued at a convenient port in exchange for theduly endorsed Carving and Marking Note.

Article of agreement

Before opening, master must ensure the followings:

Terms and conditions of AOA is understood by all crews.A memorandum is signed.A change of command form Marine-40 is endorsed by MPA.Change of crews ENG-2A form is endorsed.New AOA effected before expiry date of old AOA.

Procedures of opening AOA:

1. Expiry:

If the AOA expires at sea, the new Agreement shall be valid until its next port ofcall.

2.The AOA:

Consists of Marine 68A, 68B, 68C and 68D forms in duplicate.The black copy of AA is to be retained on board.The red copy is to be forwarded to the Marine Department.

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3. Marine 68A

Ship particulars: Front cover of the agreement with boxed columns to showparticulars of the vessel.

Voyage limit: Voyage clause such as geographical limit of the voyage andperiod of validity of AOA is stated.

Other stipulations: Blank space after "And it is also agreed that" is forinserting other stipulations such as:See Additional Clauses;As per individual agreement;As per collective agreement.

A copy of any of the above documents so used must be attached to each copyof the AA.

Voyages:Bottom boxed columns concerning "voyages" must be completed.Master is to sign at the bottom right side and end of voyage column.

Particulars of statutory certificates: On the inside front cover of red copy of AA the Master is tocomplete particulars on SOLAS ,ILL & IOPP certificates, as well as medical supplies certificate.

4. Marine 68B

Additional clauses: On the page "Additional Clauses" certification by Master

must be countersigned by Shipowner's representative or any member of thecrew; on same page Master and/or Chief Engineer must sign concerning theirresponsibilities and duties to be performed by Cadets/Apprentices and/or CadetEngineers.

Scale of provisions: Scale of provisions to be furnished to each seaman.

Position of loadlines: on the reverse page "Positions of the deck Line andLoad Lines" to be written.

Discipline: "Regulations for maintaining discipline" are stated.

Offences: list of offences are written.

Endorsements: Certificates or endorsements made by Consular Officers orSuperintendents.

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5. Marine 68CParticulars of young persons under 18 years of age and apprentices employedon the vessel.

6. Marine 68DParticulars of all persons employed on the vessel, including the Master andyoung persons:Full name of seaman in BLOCK LETTERSSeaman to sign in "ENG" box after engagementThe "Ref No" to run serially, and new seaman engaged given nextconsecutive numberMaster to witness seaman's signature and sign in the extreme right- handcolumn.

7. FORM U

It incorporates salient features of AOA.It is to be posted up in a conspicuous place on board the vessel.

8. Certificates of Competency

Master is to sight the original COC and other certificates prior signing on anSeaman.A copy of these certificates to be forwarded to Marine Dept.

9. Red Copy of AA and Old AA & OLBRed copy and terminated black copy of AA and OLB should be forwarded toMarine Dept.

10. OLB Entry

The Master also enter in the narrative section of OLB a statement to the

effect that a new Agreement has been opened, giving particulars such asdate and place of opening the Agreement.The Log Book entry must be countersigned by the Chief Officer or any othermember of the crew.

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Procedures of closing articles of agreement:

Each seaman signs in the "RELEASE" column and the Master to initial in the

extreme right hand column.The adjacent shaded boxes are to be completed.

Certificate of Discharge must be given whether the seaman is re-engagedor not.

Account of wages to be given upon discharge of a seaman.

Master should complete the four boxes at the bottom of front cover of theAgreement.

OLB Entry of termination of AA.

Fines imposed on the seaman during the currency of the Agreement shouldbe remitted by crossed cheque made in favour of the "Maritime Port andAuthority, Shipping Division ".

REQUIRED STATUTORYCERTIFICATES

SOLAS certificatesPassenger Ship Safety CertificateCargo Ship Safety Construction CertificateCargo Ship Safety Equipment CertificateCargo Ship Safety Radio CertificateExemption Certificate.Safety Management Certificate

Document of Compliance

Other SOLAS certificatesInternational Certificate of Fitness for the Carriage of Dangerous Chemical in Bulk.International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.

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MARPOL certificatesInternational Oil Pollution Prevention CertificateInternational Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.CLC certificateInternational sewage pollution prevention certificate.

Other certificatesInternational Load Line CertificateInternational Tonnage Certificate (1969)

De-Ratting certificate:Issued by port health authorityOf a designated and approved port.

The vessel is fumigated and de-ratted.Poisonous baits used for de-ratting.Validity 6 months.

De-ratting exemption certificate:Issued by port health authorityOf a designated and approved port.The vessel is inspected and found free of rats.

Validity 6 months.

Crew complaints

Complaint against food and water:

3 or more seamen can complain about food and water.They can complain if they consider the provision of food and water

are of bad quality,unfit for use,deficient in quality.

They may complain to the master.Master shall investigate the complaint.

If the seamen are dissatisfied with the action taken by the master or he fails to take any action,they may state their dissatisfaction to him and may complain to the director.

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Master shall make adequate arrangements to enable the seamen to complain, as soon as the routeof the ship permits.

The director shall investigate the complaint.

He may examine provision and water.

If master fails to arrange to complain to director without reasonable causeHe shall be guilty of an offence.Fine not exceeding S$ 2000.

If, after complains and investigation, the investigate person notify the master in writing that anyprovision or water are unfit to use

The master and owner shall be guilty if they are not replaced within a reasonable time.The fine is not exceeding S$5000.If master without reasonable cause permits them to use, he shall be guilty of an offence, fine

not exceeding S$5000.

Other complaints:

A seaman may complain to masteragainst masterany seamanAbout the conditions onboard.

Master is to investigate and take action about the complaint.

If seaman is dissatisfiedwith the action taken by master orFailure of master to take any action

He may state his dissatisfaction and may complain to the director.

Master is to make adequate arrangements to enable seaman to do so as soon as the service of theship permits.

If he fails to do so without reasonable cause,

Shall be guilty of an offence

Shall be liable on conviction to a fine not exceeding S$2000.

Actions by master:

Note down the complaints in official log book.Make statement of fact of each crew members with their signature.

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Elect a committee, members consisting of a crew from each department.Investigate all the allegations with the committee members.Make known the outcome of the investigation via an emergency gathering meeting.Rectify the problems as soon as possible, giving the completion date for the next follow up.Keep notes of all the proceedings, investigations, with proofs and photographs.Inform the office about the outcome.

If the crews are not satisfied with the actions taken, inform the office.If the crews want to complain to the director, inform office and arrange so in the next suitableopportunity.

Master as an agent of necessityIn some exceptional circumstances master becomes agent of shipowner.Master becomes agent of necessity of the cargo owners.To save the interests of all parties concerned in a voyage.

ConditionsOrder for emergency repair.Call a port of refuge due to emergency situation.Raise money for disbursement of ship's crew.Transship cargo.Recondition or sell damaged cargo.Order warehouse to save cargo.Deviate from contract route of voyage.Enter into a salvage agreement while ship is in emergency situation.Jettison cargo to save life or property.

PROTECTION AND INDEMNITY CLUBAn organization formed by ship owners.For the purpose of mutual insurance loses not covered by the marine policy.A non profit making organization.Obtains its fund from its members.Each member pays certain amount depending on:

Tonnage of their ships.Amount of claims sustained by them.

Provides security for cover against 3rd party risk.

Offers protection for contractual liabilities.

PROTECTIONS PROVIDED BY P & I CLUB

Risks covered under PROTECTION1/4Th of any claims an owner may have to pay for damage to any ship.Claim for damage done to dock, pier, wharf or other fixed object.Damage for the loss of life or personnel injury.

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Repatriation of distressed seamen, sickness, hospitalization, medical and funeral expenses.Loss of life and personnel injuries following a collision.Cost of raising a wreck.Quarantine expenses.

When cargo carried to be discharged at berth.Cargo is discharged to lighterage vessels

The cost to be borne by ship.Unless exception clause quarantine expenses is inserted in C/P.

Cargo damage due to improper navigation.Cost of DOT inquiries.Oil pollution.Legal costs of defending claims if incurred with the consent of the club director.Cargoes irrecoverable proportion of general average.

Risks covered under INDEMNITYClaims in respect of wrong delivery of cargo.Ships liability to cargo after collision not recovered by insurance.Fines or penalties imposed as a result of innocent breaches of the followings:

Common law.Public health regulations.Immigration laws.

Barratrously acts including smuggling of servant of ship owner.Cost of releasing cargo claims with the consent of director.

Scope of activities regarding shipmaster / relationbetween shipmaster and P&I club

When serious difficulties arise in connection with ship in connection with ship, cargo, crews,advice of agent and P&I club to be sought.When require a private surveyor due to a classification society not available, the master can askthe agent of his P&I club to recommend.When the master is in doubt that the dangerous goods loaded will constitute a danger to life, shipand cargo, advice can be seek.When to avert or minimize loss is not possible, master should contact P&I club for technical andlegal advice.

Accommodation inspectionTo be carried out at least weekly.An OLB entry to be made of each inspection.Master to sign OLB entry.Entry to be countersigned by C/O or any other crew member.

To inspect followings:Crew living quarters, toilets, alley ways etc. are clean, healthy.

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No cargo, stores etc. are kept in these places.Galley free of oil stains, galley exhaust clean and in operational condition.Persons working in galley are working in hygienic condition.Stores, provisions etc. are kept properly and neat and tidy condition.Any sign of infestation or presence of rats.All LSA and FFA are kept ready as per safety plan.

All doors and ventilators are working properly.Railings, freeing ports, scuppers are in good condition.

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