rule 02 - responsibility

Rule 2 - Responsibility (a) Nothing in these Rules shall exonerate any vessel, or the owner,

master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstance of the case.

(b) In construing and complying with these Rules due regard shall

be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.

1

Rule 2 - Responsibility

The aim of Rule 2 is:

–  Emphasize the need for safety –  Comply strictly with the Rules –  Take safety measures required by

§  Good seamanship §  Any particular circumstance

2


Paragraph (a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

3

Rule 2 - Responsibility Keywords

§  Any vessel §  The Owner §  The Master §  The crew §  Consequences any neglect to comply with these Rules §  Neglect of any precaution §  Ordinary practice of seamen §  Special circumstances of the case

4

Rule 2 - Responsibility §  Any vessel

Power-driven, sailing, small, large, etc.

5


The Owner Before

Before, the owner was an individual who owned one or several vessels.

6


The Owner today

They hardly see the ships; they mainly see the financial reports

Today, ship owners are either companies or multinationals who are more interested in making money than handling ships.

7

Rule 2 - Responsibility THE OWNER

Owners only have one motto:

Time is Money

IS

8

Rule 2 - Responsibility THE OWNER - Costs

Before, the cost of ships were calculated per day

Today they are calculated per hour

Profits can be increased in two ways: 1.  Increase the freights 2. Reduce the ship’s running

costs

Owners usually have no impact over the freights which are bound by the markets

9

Rule 2 - Responsibility THE OWNER - Costs Conclusion Most ship owners try to reduce the ship’s costs by: •  Putting the ship’s business ahead of the ship’s safety •  Putting their masters under pressure •  Recruiting the cheapest seamen •  Paying minimal wages •  Cutting costs wherever and whenever they can •  Lowering living and working conditions for the crew •  Etc..

However Ship owners have to guarantee the seaworthiness of their ships at all time (????)

To increase their benefits, ship owners do not hesitate

to flag out their ships to a Flag of Convenience 10

Rule 2 - Responsibility THE OWNER - Seaworthiness

The “seaworthiness” of a vessel is the fitness to encounter the hazards of the sea with reasonable safety. This encompasses :

−  Having a sound hull,

−  Be fully and competently crewed

−  Be sufficiently fueled and provisioned

for the planned voyage

−  Be fully equipped

−  Have her equipment in working order

−  If she carries cargo, be cargoworthy

−  Etc. 11

Rule 2 - Responsibility Flag of Convenience Ships (FOC) “Flag of Convenience Ship” are ships registered in a country (and hence flying its flag), whose tax on the profits of its trading ships is low or whose requirements concerning manning and/or maintenance are not stringent.

Small FOC vessels are usually older than the average age of the world fleet

Large FOC vessels (VLCC’s and ULCC’s) are often newer and younger

Why do Owners flag out their vessels

−  Cheap registration fees −  Low or no taxes −  Employment of cheap labour −  Employment of incompetent crews 12


© www.travelbeat.net

Most claims by Port State Control involve badly maintained and manned (FOC) vessels Most of these vessels should never have gone to sea. Some of them deserve to be called floating coffins

Flag of Convenience Ships (FOC)

13


© www.bayacht.com

Charterers §  A “charterer” is a person or an enterprise hiring a vessel

for the carriage of goods or passengers or both

§  Just like the Ship Owner, they want the goods at the port of destination on time and in good condition

§  They too, put a great deal of pressure on the shipping companies and their masters

14


THE MASTER

The Master is the commander

of a merchant ship

He is the mandatory of the ship owner to whom he has to render account

15

Rule 2 - Responsibility THE MASTER MAIN RESPONSIBILITIES

−  The navigation of the vessel

−  The management of the vessel

−  The safe operation of the vessel

16


The safe operation of the vessel

17


The seaworthiness of the ship

Etc…

The Master, Chief Officer and Surveyor have examined the vessel

Du to modern technology and better communication, the shore-based office has gained control over the operation of the vessel and has increasingly undermined the master’s position

18


THE MASTER – MAIN RESPONSIBILITIES

In spite of all this, the master remains the one who takes the responsibility and makes the decisions over the navigation and management of the ship

He must show good seamanship at all time and ascertain himself that the rest of the crew also exercises it ….

…. in spite of the orders he may receive from the Ship Owner or the Charterers

19

Rule 2 - Responsibility THE CREW The crew comprises the personnel engaged on board a ship, excluding the Master and officers and the passengers if any are carried

On merchant ships there are 3 departments:

1.  The deck department with the officers (officers of the watch – OOW) a boatswain and several sailors called OS’s and AB’s

2.  The engine department and,

3.  The catering department

Depending on the type of ships, the crew can also comprise a carpenter (chips), several pump men, refrigerating engineers, etc.

© oceanexplorer.noaa.gov 20


THE DECK CREW - MAIN DUTIES

Cast off the ship at departure

Moore the ship on arrival

21



At sea Maintenance work (cleaning, painting, repairing etc.) Steer the vessel, keep watch

22



In port −  Keep watch −  Help with loading and dischar- ging operations as necessary −  Maintenance, repairs

23

Rule 2 - Responsibility THE CREW

The safety of a ship mainly depends on the professional competence of its crew

Therefore, a fluent communication between all crewmembers is of paramount importance

It is not uncommon that on some ships, between 5 and 10 different languages are spoken

24


THE CREW

The LANGUAGE BARRIER causes a lack of communication and may be the reason whether a ship is saved or lost.

25


© www.mistweb.force9.co.uk

Radio communication §  Radio communication (VHF) between ships at sea is of

primordial importance §  At sea, the main language is English §  Always speak loud and clear §  Speak sufficiently slow and properly articulate each word §  Assure yourself that the other party clearly understood your

message especially in case of an avoiding action being agreed on

§  Make the other party repeat your message to ascertain yourself he understood you correctly

§  Regularly exercise your knowledge of the English terminology on the Colregs using :

http://maritimeknowhow.com (Click on Dictionaries and Colregs) 26


THE CREW

Nearly 80% of all accidents on board

ships are due to human error.

The main causes are :

−  Crew insufficiently trained (especially in safety)

−  Crew underpaid

−  Crew overworked (fatigue)

−  Crewmembers unable to communicate with each other

−  Etc…

© news.bbc.uk

27

Rule 2 - Responsibility GENERAL CONSIDERATIONS

Rule 2, Par. (a) of the Colregs stipulates clearly that at all time :

• The Rules must be complied with as laid down in the Colregs

• The Master or the OOW must take the necessary safety steps in special situations or in situations not covered by the Rules

In both cases he must :

• Act with good seamanship and

• Have due regard to any special circumstance.

28


ANY NEGLECT TO COMPLY WITH THE RULES

- Not maintaining a proper look-out (Rule 5)

- Not keeping a safe speed when necessary (Rule 6) - Not using all available means to avoid collision (Rules 7 & 8)

- Not taking bearings of crossing vessels (Rule 7(d) (i))

- Not making a proper use of radar (Rule 7(b)

- Not keeping to the Sb-side of a narrow channel (if possible) – (Rule 9)

- Not making a proper use of a traffic separation scheme (Rule 10)

- Not observing the Steering and Sailing Rules (Part B)

- Not carrying the correct navigation lights and shapes (Part C)

- Not sounding the fog signals (Rule 35) © www.dfprp.org 29

- No navigation lights in restricted visibility by day (Rule 20)

- Not sounding the fog signals when approaching an area of restricted visibility (Rule 35)

- Not checking if the sound of a fog signal is impaired by an obstruction

- Etc …

- Not checking if sails of a sailing vessel hamper the visibility of the navigation lights

30


§  Good seamanship means: – Strict observance of all Colregs requirements – Take all measures to avoid collision

§ Based on knowledge and § Based on experience

Thus: § Observance of the Rules § Professional conduct in circumstances not covered by the Rules

GOOD SEAMANSHIP

© art.allayers.com 31


§  Precautions required by good seamanship

–  Check if the lights are really burning –  Avoid yawing when required to keep on course –  Answer any fog signal –  Keep clear of a vessel at anchor –  Reduce speed in shallow waters –  Avoid inappropriate use of mobile phones –  Etc. –  Act with your experience and common sense

GOOD SEAMANSHIP

© www.splashvision.com 32

Rule 2 - Responsibility GOOD SEAMANSHIP

Precautions required by good seamanship

© www.offshrebarriers.com

Check if lights really burn

© W3.qtm.net

Keep clear of anchored vessel

© www.dyslexia-college.com

Avoid inapropriate use 33

Rule 2 - Responsibility GOOD SEAMANSHIP §  BASED ON KNOWLEDGE AND EXPERIENCE

–  Know your ship before going to sea –  Know the manoeuvring characteristics of your ship –  Know the manoeuvring limitations of your ship –  Use a pilot in unfamiliar waters –  Make a proper use of the AIS –  Etc…

34

Rule 2 - Responsibility BAD SEAMANSHIP §  Go to sea with an unseaworthy ship :

–  Only one generator in working condition –  Officers and crew with no proper qualifications –  Incomplete crew –  Engines not in a satisfactory condition –  Some nautical instruments (radar, compass, AIS, …)

not working properly –  Cargo not properly secured and lashed –  Deck cargo hampering the visibility of the OOW –  Etc., etc. ….

© www.orgonise-africa.net 35

Rule 2 - Responsibility NOT GOOD SEAMANSHIP

§  BASED ON BAD PRACTICES

–  Use of alcohol during the watch –  Allowing an overtired OOW alone on the bridge –  No AB on the bridge at night or during congested traffic

or in bad visibility –  Not keeping a safe speed in restricted visibility or in

special circumstances –  Exhibition of NUC lights or the red lights for a deep

draught vessel to escape ones responsibility –  Impeeding a ship that has difficulty to keep out of the

way

36

Rule 2 - Responsibility NOT GOOD SEAMANSHIP

§  BASED ON BAD PRACTICES

–  Not keeping the log –  Not complying with the VTS regulations –  Leave the pilot alone on the bridge –  Allowing visits on the bridge that can distract the OOW –  Run your watch in a closed up bridge in restricted

visibility, preventing an auditive look-out –  Etc…

© www.ecb.co.uk 37

Rule 2 - Responsibility NOT GOOD SEAMANSHIP §  BASED ON BAD HABITS

– Take over the watch under the influence of alcohol or drugs

– Late arrival on the watch – Sleeping during the watch – Not keeping a proper anchor watch – Etc…

© www.island-decorandmore.com 38

Rule 2 - Responsibility NOT GOOD SEAMANSHIP §  BASED ON BAD HABITS

Sailor drunk and sleeping

To be drunk and/or sleeping during the watch is a serious offence which should be severely reprimanded

It brings the safety of the ship and its crew in jeopardy.

Sailor drunk and sleeping

© www.onekama.k12.mi.us 39


Paragraph (b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.

40

Rule 2 - Responsibility Keywords §  All dangers of navigation §  All dangers of collision §  Special circumstances §  Limitations of the vessels involved §  Departure from these Rules §  Avoid immediate danger

41


§  Dangers of Navigation

The risk to run into a shallow when keeping out of the way of another vessel

The risk to run into a wreckage when keeping out of the way of another vessel

© 141.163.79.209 42


§  Danger of collision

In a head-on situation, a power-driven vessel may not be able to alter course to starboard (Rule 14) due to the presence of another vessel overtaking her on her starboard side

© www.intellasia.net

43

Rule 2 - Responsibility §  Special Circumstances

Several ships approach each other at the same time

44


© www.linde-engineering.com

§  Limitations of vessels

A vessel of a particular construction may be limited in her manoeuvring capacity

47


© www.biship.com

§  Encountering ships in convoy

– Single vessels, take early action to keep out of the way

–  If there is a risk of collision with a vessel in the convoy, the steering and sailing Rules apply

49

© www.pilotmag.co.uk

Rule 2 - Responsibility §  Limitations of vessels

– Large vessels and vessels with a small underwater clearance (UWC) are often subject to “interaction” and/or “squat” (For details, see Rule 6, Safe Speed)

– Meeting a seaplane taking off or landing – Meeting a WIG craft taking off or landing – Etc…

51


© awesternheart.blogspot.com

§  Departure from the Rules

The following criteria need to be satisfied

§  Dangers to navigation and risk of collision (shallows, wrecks, etc.) and/or

§  Special circumstances (e.g. last minute action) and/or


PLUS

§  To avoid immediate danger !!!!!!

52


Departure from the Rules

Do not use this Rule just to suit your own convenience

– There must be special circumstances – There must be immediate danger

Both conditions must be satisfied.

53

Rule 2 - Responsibility Departure from the Rules Examples §  Two vessels are so close to each other that a collision cannot be

avoided by the action of the give-way vessel alone §  A power-driven vessel crosses a channel and impedes the passage of

another vessel which can only safely navigate within such channel. §  Close quarters situations

When a departure of the Rules is necessary, the master or the OOW shall exercise his best judgement to avoid the danger which threatens

He must use his knowledge, experience and common sense. If the OOW is alone on the bridge he must call the Master

54

rule 02 - responsibility

Documents

ships costs

owner owners

ships safety

aim of rule

rules neglect

responsibility keywords

responsibility paragraph

owner seaworthiness