1

INTRODUCTION : MARITIME TERMINOLOGY

Alpha

A/B or ABLE BODIED SEAMAN - A member of the deck crew who is able to perform all the
duties of an experienced seamen; certificated by examination and has three years sea service.
Also called Able Seamen and A.B.
AFT - Near or toward the stern of the vessel.
ANCHOR HANDLING TUG - Tug that moves anchors and tow drilling vessels, lighters and
similar. Also ANCHOR HANDLING TUG/SUPPLY used also for supplies
AMIDSHIPS - Generally speaking the word amidships means in the middle portion of a vessel.
ARTICLES OF AGREEMENT - The document containing all particulars relating to the terms of
agreement between the Master of the vessel and the crew. Also known as ship's or shipping
articles.
ASTERN - Behind, or a backward direction in the line of a vessel's fore and aft line. When a
vessel moves backwards it is said to move astern; opposite to ahead.
AUTOMATIC PILOT - An instrument that controls automatically a vessel's steering gear to enable
her to follow a pre-determined track through the water.

Bravo

BAGGED CARGO - Various kinds of commodities usually packed in sacks or in bags, such as
sugar, cement, milk powder, onion, grain, flour, etc. Also referred to as breakbulk.
BALLAST - Heavy substances loaded by a vessel to improve stability, trim, sea-keeping and to
increase the immersion at the propeller. In the days of sail rocks and sand were used. Modern
ships use seawater loaded in ballast tanks placed at the bottom of the ship, or in some cases on
the sides called wing tanks. Tankers admit ballast water into the cargo tanks to submerge the
vessel to a proper trim. When ballast tanks are not connected with the cargo system they are
referred to as SEGREGATED BALLAST TANKS.

BARGE - Flat-bottomed boat for carrying cargo on protected waterways, usually without engines
or crew accommodations. On inland river systems barges can be lashed together and either
pushed or pulled by tugs and handle cargo of 60,000 tonnes or more. Small barges for carrying
cargo between ship and shore are known as lighters.
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BEAM - The width of a ship. Also called breadth.

BOATSWAIN (BOSUN) - The highest unlicensed rating on the ship with charge of all deck
hands and who in turn comes under the direct orders of the master or chief mate or mate.
BOILERS - Steam generating units used aboard ship to provide steam for propulsion and for
heating and other auxiliary purposes.
BOW THRUSTERS - A propeller at the lower sea-covered part of the bow of the ship, which
turns at right angles to the fore-and-aft line and thus provides transverse thrust as a
manoeuvring aid.
BREAKBULK VESSEL - A general, multipurpose, cargo ship that carriers cargoes of non-
uniform sizes, often on pallets, resulting in labour-intensive loading and unloading.
BREAK BULK CARGO - Goods carried in the hold of ships and not in containers.
BULK - Cargo shipped in loose condition and of a homogeneous nature. Cargoes that are
shipped unpackaged either dry, such as grain and ore, or liquid, such as petroleum products.
Bulk service generally is not provided on a regularly scheduled basis, but rather as needed, on
specialized ships, transporting a specific commodity.
BULK CARRIER - Ship specifically designed to transport large amounts of cargoes such as
sugar, grain, wine, ore, chemicals, liquefied natural gas; coal, ore etc. See also LNG Carrier,
Tanker, OBO Ship.
BULKHEAD - A name given to any vertical partition which separates different compartments or
spaces from one another.
BUNKERS - Fuel consumed by the engines of a ship; compartments or tanks in a ship for fuel
storage.
BUOY - A floating object marking the navigable limits of channels, sunken dangers, isolated
rocks, telegraph cables etc.

Charlie 

CABLE SHIP - a specially constructed ship for the laying and repairing of telegraph and
telephone cables across channels, seas, lakes, and oceans..
CAPESIZE - a term used to describe a ship, usually a dry or wet bulker, that is too large to
transit the canals and as a consequence must travel via the 'capes', ie Cape of Good Hope and
Cape Horn.
CARGO HANDLING - The act of loading and discharging a cargo ship.
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CARGO PLAN - A plan giving the quantities and description of the various grades carried in the
ship's cargo tanks, after the loading is completed.
CARRIERS - Owners or operators of vessels providing transportation to shippers. The term is
also sometimes used to refer to the vessels, i.e. ore carriers.
CHANDLER - a person who deals in the selling of provisions, dried stores, etc.
CHARTERER - The person who has chartered the ship for a specified period of time.
CHEMICAL TANKER - Ship specially designed for the transport of chemicals.
CHIEF ENGINEER - The senior engineer officer responsible for the satisfactory working and
upkeep of the main and auxiliary machinery and boiler plant on board ship.
CHIEF MATE - The officer in the deck department next in rank to the master; second in
command of a ship.
CLASSIFICATION SOCIETY - Private organisations that undertake inspections and provide
advise on the hull and machinery of a ship, also supervise ships during their construction and
afterwards in respect to their seaworthiness. Ships are then referred to as being 'in class'.
Although not compulsory, an unclassed ship will find it difficult to attract insurance.
COASTAL SERVICE or COASTWISE - Domestic shipping routes along a single coast.
COLLIER - Vessel used for transporting coal.
COMPLEMENT - The number of officers and crew employed upon a vessel for its safe
navigation and operation.
CONSIGNEE - The person to whom cargo is consigned as stated on the bills of lading.
CONSIGNOR - The person named in the bill of lading as the one from whom the goods have
been received for shipment.
CONTAINER - A steel box of a given measurement used for the carriage of goods, often referred
to as a TEU (20ft equivalent). Can be a standard container, usually either 6m or 12m in length
(20ft or 40ft), a reefer container for refrigerated cargo, a flatrack standard or collapsible
container, or an open top container type.
CONTAINER SHIP - a ship designed to handle containerised cargo. A fully cellular container
ship is one that carries no cranes and is reliant on shore-based cranes for loading and
discharging. Container ships' hulls are divided into cells accessible through large hatches into
which the containers fit.
CUBIC CAPACITY - The most important commercial measurement when the intrinsic weight of
the cargo is so low that the ship becomes full without being loaded to the cargo line. Is
expressed in cubic metres or cubic feet.
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Delta

DANGEROUS CARGO - see HAZARDOUS CARGO

DEADWEIGHT (DWT) - A common measure of ship carrying capacity, equalling the number of
tonnes of cargo, stores and bunkers that the ship can transport. It is the difference between the
number of tonnes of water a vessel displaces 'light' and the number of tons it displaces when
submerged to the 'deep load line'. A ship's cargo capacity is less than its total deadweight
tonnage. The difference in weight between a vessel when it is fully loaded and when it is empty
(in general transportation terms, the net) measured by the water it displaces. This is the most
common, and useful, measurement for shipping as it measures cargo capacity and is usually
used when referring to liquid and dry bulk ships.
DECKHAND - Seaman who works on the deck of a ship and remains in the wheelhouse
attending to the orders of the duty officers during navigation and manoeuvring.
DECK OFFICER - As distinguished from engineer officer, refers to all officers who assist the
master in navigating the vessel when at sea, and supervise the handling of cargo when in port.
DECK HOUSE - Small superstructure on the top deck of a vessel, which contains the helm and
other navigational instruments.
DEEP SEA TRADES - The traffic routes of both cargo and passenger vessels which are
regularly engaged on the high seas or on long voyages.
DEEP STOWAGE - Any bulk, bagged or other type of cargo stowed in single hold ships.
DERRICK - A type of crane found on merchant ships, the name is believed to have been the
name of a London hangman named Derrick of the 17th century.
DOUBLE BOTTOM - General term for all watertight spaces contained between the outside
bottom plating, the tank top and the margin plate. The double bottoms are sub-divided into a
number of separate tanks which may contain boiler feed water, drinking water, fuel oil, ballast,
etc. Now becoming common on all tankers.
DRAFT - The depth of a ship in the water. The vertical distance between the waterline and the
keel, is expressed in metres except in the USA where it is in feet.
DRY CARGO - Merchandise other than liquid carried in bulk.
DRY CARGO SHIP - Vessel that carries all merchandise, excluding liquid in bulk.
DRY DOCK - An enclosed basin into which a ship is taken for underwater cleaning and repairing.
It is fitted with watertight entrance gates which when closed permit the dock to be pumped dry.
Sometimes has two or more compartments separated by watertight doors. Dry docks are also
referred to as Graving Docks.
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DUNNAGE - A term applied to loose wood or other material used in a ship's hold for the
protection of cargo.
DWT - Deadweight tonnes.

Echo

ETA - Estimated time of arrival

ETD - Estimated time of departure
EVEN KEEL - When the draft of a ship fore and aft are the same.

Foxtrot 

FEEDER SHIP - Ships that handle transhipped cargo from one port to another.
FORECASTLE - The raised part of the forward end of a ship's hull, taking its name from the days
of sailing ships where the forecastle was effectively a 'castle' on the ship's prow used for
defending the ship. On some ships this area may be used for crew accommodation or quarters
but on most new ships the space is used for the storage of paints, tackle, deck and engine
stores, tarpaulins, etc.

FPSO  - Floating Production, Storage & Offloading vessel. Usually out of service tankers are
utilised as FPSO's.
FREEBOARD - The distance between the statutory deck line and the waterline.
FREIGHT FORWARDER - A person or persons who represents the cargo owner and who
arranges shipments for that owner.

Golf 

GANG - term used to describe a selected work force or team that works as a team in a harbour
environment, usually in stevedoring.
GANGWAY - a narrow portable platform used as a passage, by persons entering or leaving a
vessel moored alongside a pier or quay.
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GAS TANKER - Specially designed for the transport of condensed (liquefied) gases. The most
important gases are: ammonia, ethylene, LNG (Liquefied Natural Gas), which consists mainly of
methane, and is cooled to a temperature of minus 163 degrees Celsius, and LPG (Liquefied
Petroleum Gas) such as butane and propane.
GENERAL CARGO - A non-bulk oil cargo composed of miscellaneous goods.
GROSS & NET TONNAGE(GT and NT) - Gross tonnage is the basis on which manning rules
and safety regulations are applied, and registration fees are reckoned. Port fees are also often
reckoned on the basis of GT and NT. GT and NT are defined according to formulas which take
account, among other things, of the volume of the vessel's enclosed spaces (GT) and the volume
of its holds (NT).
GROSS REGISTERED TONS - A common measurement of the internal volume of a ship with
certain spaces excluded.

Hotel

HANDYSIZE BULK CARRIER - Bulk carrier between 10,000 and 40,000DWT.

HARBOUR DUES - Various local charges levied against all seagoing vessels entering a
harbour, to cover maintenance of channel depths, buoys, lights, etc. Not all harbours raise this
charge.
HARBOUR MASTER (Port Captain) - A person usually having the experience of a master
mariner and good knowledge of the characteristics of the port and its whole area. He administers
the shipping movements that take place in and within reach of his port.
HATCH - An opening, generally rectangular, in a ship's deck providing access into the
compartment below.
HAWSER - Large strong rope or cable used for towing purposes and for securing or mooring
ships.
HAZARDOUS CARGO - All substances of an inflammable, toxic or otherwise dangerous nature.
HELM - A tiller or a wheel generally installed on the bridge or wheelhouse of a ship to turn the
rudder during manoeuvring and navigation. It is in fact the steering wheel of the ship.
HELMSMAN - An able-bodied seamen entrusted with the steering of a vessel.
HOLD - A general name for the large compartments below the main deck designated for
stowage of general cargo.
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HULL - Shell or body of a ship - applies to the side and bottom of ship.

India

LO - International Labour Organization; Based in Geneva, it is one of the oldest components of

the UN system of specialized agencies and has been involved over the years in appraising and
seeking to improve and regulate conditions for seafarers. In its unusual tripartite way, involving
official representatives of government, employer and employee interests, its joint Maritime
Commission have been responsible for regulations involving the employment of foreign seafarers
with regards to the application of minimum labour standards, on crew accommodation, accident
prevention, medical examination and medical care, food and catering and competency of ships'
officers.
IMDG - International Maritime Dangerous Goods Code.
IMO - International Maritime Organization: Formerly known as the Inter-Governmental Maritime
Consultative Organization (IMCO), was established in 1958 through the United
Nations to coordinate international maritime safety and related practices.
INFLAMMABLE LIQUIDS - Liquids liable to spontaneous combustion, which gives off
inflammable vapours at or below 80 degrees F. For example, ether, ethyl, benzene,
gasoline, paints, enamels, carbon disulfide, etc.
INLAND WATERS - Term referring to lakes, streams, rivers, canals, waterways,
inlets, bays and the like.
ICS - Institute of Chartered Shipbrokers.
INTERMODALISM - The concept of transportation as a door-to-door service rather than port-to-
port, using different forms of transportation, i.e. trains, ships, road but usually with a single
carrier.
INTERNATIONAL LOAD LINE CERTIFICATE - A certificate which gives details of a ship's
freeboard and states that the ship has been surveyed and the appropriate load lines marked on
her sides. The certificate is issued by a classification society or coastal authority such as a coast
guard.
INTERNATIONAL WATERWAYS - Consist of international straits, inland and interocean canals
and rivers where they separate the territories of two or more nations. Provided no treaty is
enforced both merchant ships and warships have the right of free and unrestricted navigation
through these waterways.
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INTERTANKO - An association of independent tanker owners whose aims are to represent the
views of its members internationally.
ITINERARY - Route/Schedule

Juliett

JACKUP - A deck with legs that can be jacked up or down. During operations, the legs rest on the
seabed. When the rig is moved, the legs are retracted, leaving the rig floating. A jackup has
Normally no propulsion machinery of its own.

Kilo 

KEEL - The lowest longitudinal timber of a vessel, on which framework of the whole is built up;
combination of iron plates serving same purpose in iron vessel.
KNOT - Unit of speed in navigation, which is the rate of nautical mile (1,852 metres or 6,080 feet)
per hour. i.e. 1.852 km/h.

Lima

LAID-UP - Ships not in active service; a ship which is out of commission for fitting out, awaiting
better markets, needing work for classification, etc.
LASH SHIPS - LASH stand for Lighter Aboard Ship. It is a specialized container ship carrying
very large floating containers, or 'lighters'. The ship carries its own heavy-duty crane for loading
and discharging the lighters over the stern. The lighters each have a capacity of about 400 tons
and are stowed in the holds and on deck. While, the ship is at sea with one set of lighters, further
sets can be made ready. Loading and discharge are rapid at about 15 minutes per lighter, no
port or dock facilities are needed, and the lighters can be grouped for pushing by towboats along
inland waterways.
LAY-BY - ships that are laid up usually waiting for cargo or a charter, often outside a port.
LAY-UP - Temporary cessation of trading of a ship by a shipowner during a period when there is
a surplus of ships in relation to the level of available cargoes. This surplus, known as over-
tonnaging, has the effect of depressing freight rates to the extent that some shipowners no
longer find it economical to trade their ship, preferring to lay them up until there is a reversal in
the trend.
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LIFEBOAT - A specially constructed (often double-ended) boat, which can withstand heavy,
rough seas.
LIGHT DISPLACEMENT TONNAGE - The weight of a ship's hull, machinery, equipment and
spares. This is often the basis on which ships are paid for when purchased for scrapping. The
difference between the loaded displacement and light displacement is the ship's deadweight.
LINER - A cargo or passenger-carrying ship which is operated between scheduled, advertised
ports of loading and discharge on a regular basis.
LINER SERVICE - Vessels operating on fixed itineraries or regular schedules and established
rates available to all shippers. The freight rates which are charged are based on the shipping
company's tariff or if the company is a member of a liner conference, the tariff of that conference.

LINER SHIP OPERATORS - Operators who trade ships regularly from one port to another.
LNG - Liquefied Natural Gas.
LNG CARRIER - Liquefied natural gas carrier, perhaps the most sophisticated of all commercial
ships. The cargo tanks are made of a special aluminium alloy and are heavily insulated to carry
natural gas in its liquid state at a temperature of -2,850F. The LNG ship costs about twice as
much as an oil tanker of the same size.
LOAD LINE - The line on a vessel indicating the maximum depth to which that vessel can sink
when loaded with cargo. Also known as Marks.
LONGSHOREMAN - dock labourers employed to work cargo on ships - see also Stevedore.
LOOKOUT - A member of the crew stationed on the forecastle, bridge, or in the case of sailing
vessels, the crow's nest at the top of one of the main masts. His duty it is to watch for any
dangerous objects or for any other vessels approaching .
LPG - Liquefied Petroleum Gas, or a carrier of LPG.

Mike

MAIN DECK - The main continuous deck of a ship running from fore to aft; the principle deck;
the deck from which the freeboard is determined.
MARPOL - The International Convention for the Prevention of Pollution from
Ships, s modified by the several Protocols. Part of the IMO.
MASTHEAD LIGHT - A white light positioned over the fore and aft centreline of the vessel.
 10

MOORING LINE - A cable or line used to tie up a ship.

MULTIPURPOSE SHIP - Any ship capable of carrying different types of cargo which require
different methods of handling. There are several types of ships falling into this category, for
example, ships which can carry roll on/roll off cargo together with containers. Ships that are
designed to carry both dry, loose cargo and cargo in containers.

November

NATIONAL FLAG - The flag carried by a ship to show her nationality.

NET CAPACITY - The number of tons of cargo which a vessel can carry when loaded in salt
water to her summer freeboard marks. Also called cargo carrying capacity, cargo deadweight,
useful deadweight.
NET TONNAGE - Equals gross tonnage minus deductions for space occupied by crew
accommodations, machinery, navigation equipment and bunkers. It represents space available
for cargo (and passengers). Canal tolls are based on net (registered) tonnage.
NON-CONFERENCE LINE - A shipping line which operates on a route served by a liner
conference but which is not a member of that conference.
NRT - Net registered tons. This tonnage is frequently shown on ship registration papers; it
represents the volumetric area available for cargo at 100 cubic feet = 1 ton. It often is used by port
and canal authorities as a basis for charges.

Oscar

OBO SHIP - A multipurpose ship that can carry ore, heavy dry bulk goods and oil. Although more
expensive to build, they ultimately are more economical because they can make return journeys
with cargo instead of empty.
OFFICER - Any of the licensed members of the ship's complement.
OFFSHORE SERVICE VESSELS - Special vessels employed for the exploration, development
or continuous production of subsea oil and gas.
OILER - An unlicensed member of the engine room staff who oils and greases bearings and
moving parts of the main engine and auxiliaries. Most of this work is nowadays done
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automatically and the oiler merely insures it operates correctly.

OIL TANKER - A ship designed for the carriage of oil in bulk, her cargo space consisting of
several or many tanks. Tankers load their cargo by gravity from the shore or by shore pumps and
discharge using their own pumps.
OPERATOR - The holder of a freight contract with a cargo shipper.
ORE CARRIER - A large ship designed to be used for the carriage of ore. Because of the high
density of ore, ore carriers have a relatively high centre of gravity to prevent them from rolling
heavily at sea with possible stress to the hull.
ORE-BULK - OIL CARRIER - See OBO
ORE-OIL CARRIER - A ship designed to carry either ore or oil in bulk.
ORDINARY SEAMAN - A deck crewmember that is subordinate to the Able Bodied Seamen.

Papa

PALLET - A flat tray, generally made of wood but occasionally of steel, on which goods
particularly those in boxes, cartons or bags, can be stacked. Its purpose is to facilitate the
movement of such goods, mainly by the use of forklift trucks.
PANAMAX - A vessel designed to be just small enough to transit the Panama Canal
PASSENGER SHIP - A ship with accommodation which is authorized to carry more than twelve
passengers.
P & I - Protection and indemnity insurance.
P & I Club - Protection and Indemnity Association, the carriers mutual liability assurer.
PILOT - A person who is qualified to assist the master of a ship to navigate when entering or
leaving a port. In most ports pilotage is compulsory.
PILOTAGE - The act carried out by a pilot of assisting the master of a ship in navigation when
entering or leaving a port. Sometimes used to define the fee payable for the services of a
pilot.
PORT SIDE - the left hand side of a ship facing the front or forward end. The port side of a ship
during darkness is indicated by a red light. Was previously known as the larboard side but this
created confusion with starboard and was changed.
POST-PANAMAX VESSEL - a ship that is too large, particularly in the width or beam for the
Panama Canal (see Panamax)
PRODUCTS TANKER - A tanker designed to carry refined petroleum products in bulk.
 12

PROPANE CARRIER - A ship designed to carry propane in liquid form. The propane is carried in
tanks within the holds; it remains in liquid form by means of pressure and refrigeration. Such
ships are also suitable for the carriage of butane.
PSV (Platform Supply Vessel) - Carries supplies to drilling units or installations.
PUMPMAN - A rating that tends to the pumps of an oil tanker.
PURSER - A ship's officer who is in charge of accounts, especially on a passenger ship.
Nowadays referred to as the Hotel Manager of most cruise ships.

Quebec

QUARTERS - Accommodation on a ship, i.e. crew quarters.

Romeo

REEFER - Refrigerator ship; a vessel designed to carry goods requiring refrigeration, such as
meat and fruit. A reefer ship has insulated holds into which cold air is passed at the temperature
appropriate to the goods being carried.
REEFER BOX - An insulated shipping container designed to carry cargoes requiring temperature
control. It is fitted with a refrigeration unit, which is connected to the ship's electrical power
supply.
RO/RO SHIP - Freight ship or ferry with facilities for vehicles to drive on and off (roll-on roll-
off); a system of loading and discharging a ship whereby the cargo is driven on and off on ramps.
Equipped with large openings at bow and stern and sometimes also on the side, providing easy
access. Fully loaded trucks or trailers carrying containers are accommodated on the deck.

Sierra

SEA TRIALS - A series of trials conducted by the builders during which the owner's
representatives on board act in a consulting and checking capacity to determine if the vessel has
met the specifications.

SEA WORTHINESS - The condition of the ship, based on the sufficiency of a vessel in terms of
materials construction, equipment, crew and outfit for the trade in which it is employed. Any sort
 13

of disrepair to the vessel by which the cargo may suffer -- overloading, untrained officers, etc.,
may constitute a vessel to be unseaworthy.
SELF-GEARED SHIP - Any ship with its own gear, or crane/s for loading and discharging
shipping cargo including containers, thus enabling the ship to serve ports which do not have
suitable lifting equipment.

SEMISUBMERSIBLE - A ship able to submerge part of itself to load or discharge cargo that can
be floated on or off. Usually semi submersible ships are heavy-duty vessels.

SHIFTING - This refers to movements or changing positions of cargo from one place to another -
a dangerous situation at sea that can easily endanger the seaworthiness or cargo worthiness of
the ship.
SHIP'S ARTICLES - A written agreement between the master of a ship and the crew concerning
their employment. It includes rates of pay and capacity of each crewman, the date of
commencement of the voyage and its duration.
SHIP'S STABILITY - The seaworthiness of a ship regarding the centrifugal force which enables
her to remain upright.
SHIP'S AGENT - A person or firm who transact all the ship's business in a port on behalf of
shipowners or charterers.
SHIPPER - Individuals or businesses who tender goods or cargo for transportation - usually the
cargo owners or their representatives and not to be confused with the party issuing the bills of
lading or the ship's operator who is the carrier..
SISTER SHIPS - Ships built on the same design.
SLOP TANK - A tank in a tanker into which slops are pumped. These represent a residue of the
ship's cargo of oil together with the water used to clean the cargo tanks. They are left to separate
out in the slop tank.
SOLAS - Safety of Life at Sea Convention
STARBOARD - The right-hand side of a ship when facing the front or forward end. The
starboard side of a ship during darkness is indicated by a green light.
STERN - The bow or rear of the ship; an upright post or bar of the bow of a vessel.
STERNWAY - The reverse movement of a vessel.
STEVEDORE - labourer employed in ship cargo handling, also known as Longshoreman
STOWAGE - The placing of goods in a ship in such a way as to ensure the safety and stability of
 14

the ship not only on a sea or ocean passage but also while in port when parts of the cargo have
been loaded or discharged.

STOWAGE FACTOR - Cubic space (measurement tons occupied by one tonne of cargo).
STRANDING - The running of a ship on shore on a beach.
STUFFING (or STRIPPING) - the act of packing or unpacking a container.

Tango

TAIL SHAFT - The extreme section at the aft end of a ship's propeller shaft.
TANK-BARGE - A river barge designed for the carriage of liquid bulk cargoes.
TANK CLEANING - Removal of all traces of a cargo from the tanks of a tanker, normally by
means of high-pressure water jets.
TANKER - A tanker is a bulk carrier designed to transport liquid cargo, most often petroleum
products. Oil tankers vary in size from small coastal vessels of 1,000 tons deadweight, through
medium-sized ship of 60,000 tons, to the giant VLCCs (very large crude carriers). The largest
tanker currently afloat is the Norwegian ship Jahre Viking of 564,650DWT. The ship is 458m in
length and has a beam of 68,9m with a draught of 24,6m.
TECHNICAL MANAGEMENT - Management of the maintenance, crewing and insurance of the
ship.
TERMINAL - the business unit in ports where specific cargo, i.e. containers are handled.
TERRITORIAL WATERS - That portion of the sea up to a limited instance which is immediately
adjacent to the shores of any country and over which the sovereignty and exclusive jurisdiction of
that country extend. South Africa's territorial waters extend for 200 n.miles offshore.
TEU - Twenty Foot Equivalent Unit (containers): A measurement of cargo-carrying capacity on a
containership, referring to a common container size of 20 ft in length. A 40ft long container is
measured as being 2TEU.
TONNAGE - Deadweight, gross, net, displacement.
TONNAGE - A quantity of cargo normally expressed as a number of tons.
TRAMP SERVICE - Vessels operating without a fixed itinerary or schedule or charter contract.
TRIM - The relationship between a ship's draughts forward and aft. TUG
- A small vessel designed to tow or push large ships or barges. Tugs have powerful diesel engines
and are essential for manoeuvring large ships around the port. Pusher tugs are also used to push
 15

enormous trains of barges on the rivers and inland waterways of the U.S. Ocean-going salvage
tugs provide assistance to ships in distress and engage in such work as towing drilling rigs and oil
production platforms.
Uniform

ULCC - Ultra Large Crude Carriers larger than 300,000DWT.

Victor

VLCC - Very Large Crude Carriers: Tankers between 200,000 and 300,000DWT..

Whiskey

WATCH - The day at sea is divided into six four-hour periods. Three groups of watch-standers
are on duty for four hours and then off for eight, then back to duty. Seamen often work overtime
during their off time.

Yankee

Zulu
 16

CHAPTER 1: SOUTH AFRICAN CIVIL AND MARITIME LAW

Roman Dutch law is the major influence in South African civil and criminal law, having
been introduced by European settlers. South Africa therefore does not follow common
law procedures as in England but judicial decisions may be based on outcomes of
previous cases and referred to in judgements.

Civil law concerns claims made by one citizen against another while criminal law is
concerned with crimes against the state such as assault, robbery and murder.

Maritime law in South Africa is based on English Admiralty Law and only the High
Courts are able to exercise maritime jurisdiction. The High Courts in South Africa are in
each of the provincial capitals except Gauteng which has a Northern Gauteng High
Court and a Southern Gauteng High Court.

There are also three local divisions which are High Courts: Witwatersrand Local Division
(Johannesburg), Durban and Coast Local Division (Durban) and South-Eastern Cape
Division (Port Elizabeth).

The area of jurisdiction of any High Court sitting as a Maritime Court includes the portion
of the territorial waters of South Africa adjacent to the coastline of the court’s area of
jurisdiction. Territorial waters extend to 12 nautical miles from the coastline and therefore
the jurisdiction of the Durban and Coast Local Division High Court includes the kwaZulu
–Natal coastal waters.

It is usually only in respect of a limited category of claims that an inland High Court will
be able to exercise maritime jurisdiction. These claims usually concern agreements
made within the area of jurisdiction of the inland court.
 17

SOUTH AFRICAN LEGISLATIVE BODIES

The Presidency:
The National Assembly elects the President from among its members to lead the country
in the interests of national unity. The President is the Head of State and selects the
members of his/her Cabinet to decide on national issues in a democratic manner.
The Deputy President is appointed by the President from among the members of the
National Assembly to assist in carrying out his/her duties.

Parliament:
This is the legislative authority of South Africa which means that it has the power to
make laws for the country in accordance with the Constitution. Parliament consists of the
National Assembly and the National Council of Provinces (NCOP) housed in the
Parliament buildings in Cape Town.

The National Assembly consists of a maximum of 400 members elected by a system of

proportional representation for five years. This body is presided over by a Speaker who
is assisted by a Deputy Speaker. The National Assembly is elected to represent the
people and ensure democratic governance as required by the Constitution.

The National Council of Provinces consists of 54 members and 36 special delegates

and its aims are to represent provincial interests in the law-making process. Each of the
nine provinces has a delegation of 10 members.

The Law-Making Process:

A Bill (which is a draft law) is drawn up (usually) by a government department and
placed on the agenda of the National Assembly. A bill may only be introduced by a
minister, a deputy minister, a representative of a parliamentary committee or an
individual Member of Parliament (MP). The Bill is debated and its approval will be
subject to voting by all members present.

Once it has been passed by the National Assembly (NA) it must be referred to the
agenda of the National Council of Provinces (NCOP). After a debate on the Bill it will be
subject to voting by all members present. The Bill may be approved subject to
amendments and therefore will have to be returned to the NA for consideration. The NA
may accept the Bill with the amendments or it may reject these and return the Bill to the
NCOP for re-consideration. In this way a Bill may take time to be passed, or it may be
sent back to the originators for re-drafting.

If a Bill affects the provinces it may be first introduced in the NCOP and, if it is approved,
it is then referred to the NA for it approval.
 18

When both houses have approved the Bill it must be passed to the Presidency. A Bill
can only be finally passed into the legislation of the country when it has been signed by
the President and published in the Government Gazette.

THE JUSTICE SYSTEM

Administration of justice:
The Constitution is the supreme law of the country and binds the government at all
levels as well as all citizens to uphold the law. The judicial authority is vested in the
courts, which are independent and subject only to the Constitution and the law.

The Department of Justice and Constitutional Development is responsible for the

administration of the courts and development of the constitution. The functions of the
Department are carried out in conjunction with judges, magistrates and the National
Prosecuting Authority (NPA) which consists of the National Director of Public
Prosecutions and the Directors of Prosecution at High Courts.

Superior Courts:
The Constitutional Court is the highest court in the interpretation, protection and
enforcement of the Constitution and deals with constitutional matters only. It is
composed of a President, Deputy President and nine other judges appointed by the
President of the country on the advice of the Judicial Service Commission.

The Supreme Court of Appeal in Bloemfontein is the highest court in respect of all
matters except the Constitution. It is composed of the Chief Justice, Deputy Chief
Justice and Judges of Appeal. This body has the jurisdiction to determine an appeal
against any decision of a High Court and its decisions are binding on all lower courts.

Decisions of High Courts are binding on magistrate’s courts.

The Constitutional Court, Supreme Court of Appeal and High Courts are known as
Superior Courts.

Magistrate’s Courts:
Each of the 9 provinces in the Republic are divided up into magisterial districts, each
headed by a chief magistrate. kwaZulu-Natal has 51 magisterial districts including:
Durban, Inanda, Umzinto and Umlazi.

Regional Magistrate courts are also established in each province with a higher penal
jurisdiction than ordinary district magistrate’s courts. However, an accused person
cannot appeal to a regional court against a decision of a district magistrate’s court, he
may only appeal to a High Court.
 19

The Legal Profession:

There are two branches in this profession: advocates and attorneys, and each
profession is subject to a strict ethical code. Advocates are organised into Bar
Associations with one at each High Court, and there are law societies for attorneys in
each of the provinces. The General Council of the Bar of South Africa is the co-
ordinating body of all the Bar Associations, and the Association of Law Societies of
South Africa is the co-ordinating body for the independent law societies.

Advocates can appear for their clients in any court while attorneys may only appear in
lower courts. If an attorney wants to represent his client in a High Court he must apply
for permission to the Registrar of the Provincial Division of the High Court.

State advocates and prosecutors, as well as magistrates, are separated from the Public
Service in order to preserve their independence. This means that the government should
not be able to interfere in the decisions made in the courts.

SOUTH AFRICAN BILL OF RIGHTS

With the advent of a democratically elected government and the establishment of a

Constitution South Africa introduced a Bill of Rights for its citizens. Selected extracts
have been included below that have relevance to the current module on development of
our legislation.

Property:
No one may be deprived of property except in terms of general application of the law.
Health care, food, water and social security.
Everyone has the right to have access to health care services, sufficient food and water,
and social security.

Education:
Everyone has the right to basic education, including adult basic education, and to further
education which the state must make progressively available.

Access to courts:
Everyone has the right to have any dispute that can be resolved by the application of law
decided in a fair public hearing in a court.
 20

PRINCIPLES OF THE LAW OF DELICT AND CRIMINAL LAW

DELICT

Definition of Delict

it is the act committed or omitted by one person unlawfully, which infringes on the legal
rights of another person’s life, person, property, liberty or reputation. It also entitles the
injured party to claim compensation from the offender, generally in the form of money.

Difference between Crime and Delict

In simple terms a crime is a wrongful act committed against the state while a delict is an
act against an individual where compensation for damages is paid directly to the injured
person. A fine for a criminal act is paid to the state.

As the same act may constitute both a crime and a delict it may bring both criminal and
civil law into operation. For example: if Mandla assaults Sipho and breaks Sipho’s arm,
Mandla has committed the crime of assault. Mandla will be prosecuted by the state and
tried in a criminal court where he will be punished by a fine or imprisonment for the
offence.

At the same time Mandla has committed a delict and he could be sued in a civil court, as
a defendant, in an action brought by Sipho, as the plaintiff. Mandla could be ordered to
pay compensation to Sipho for the loss he has sustained in being injured and perhaps
not being able to work.

CRIMINAL LAW

As stated above a crime is a punishable offence against the state and public interests.
When the criminal is caught he is prosecuted by the state in a public trial and the
offender is called “the accused”.

All crimes are defined by law which means that the elements of a specific crime are
known and can be specified in a charge sheet. For example, the crime of murder is
defined as the unlawful and intentional causing of the death of another human being.

The Constitution and law of criminal procedure demand that the accused is informed of
sufficient information to defend himself or herself in a trial. Therefore the charge sheet
must inform the accused of the specific crime committed, the date and place where it
occurred, and the name of the person against whom the crime was committed (the
victim).
 21

When a crime has been committed it is investigated by the police and the prosecuting
authority has the responsibility to proceed with a criminal charge. If the complainant, or a
victim who has suffered harm or injury, does not want the case to continue it is not their
decision. The prosecuting authority will decide to prosecute the crime even if the victim
does not want to proceed with the case.

The accused is usually informed of the charges against him or her by the police during
the investigation of the crime, and then formally in a charge sheet or in the summons to
appear in court. The state must prove beyond a reasonable doubt that the accused is
guilty of the alleged crime.

When an accused person is convicted of a crime the punishment may be imprisonment,

a fine, correctional supervision or another form of punishment provided for in the
Criminal Procedure Act of 1977.
 22

CHAPTER 2: INTERNATIONAL LAW

The oceans cover approximately 140 million square miles in surface area, or about 72%
of the earth’s surface. Although continents have been made accessible by road, rail and
air most of the world’s people still live no more than 200 miles from the sea and relate
closely to it. The oceans form the platform for international trade to take place and they
require laws to regulate their use.

In the late 1960’s oil exploration began to move from the land to the continental shelves
and oil drilling equipment extended as far as 4000m below the sea surface. Tin began to
be mined off Thailand and South Africa began to dredge for diamonds off the Namibian
coast. Large fishing fleets were roaming the oceans far from their ports and able to stay
at sea for months at a time. Fish stocks began to show signs of depletion as fishing
fleets continued to plunder other states’ coastal waters, especially Namibia and Iceland.

There were great dangers, including: nuclear submarines in deep ocean waters never
explored before and carrying missiles capable of reaching distant continents;
supertankers carrying oil from the Middle East to Europe passing through congested
straits and capable of massive pollution; and rising tensions between nations over
conflicting claims to ocean areas and resources.

In 1973 a conference was convened in New York to discuss all these matters. It ended
nine years later in 1982 when the United Nations Convention on the Law of the Sea
(UNCLOS) came into being.

UNCLOS provides a universal legal framework for the use of the seas for commerce, as
well as a rational management of marine resources and their conservation for future
generations. Such a radical concept has rarely been achieved peacefully by the world
community and it has been hailed as the most important achievement since the approval
of the United Nations Charter in 1945.

Most states were in favour of a 12-mile coastal zone and this was adopted by the
Convention. Within this limit all coastal states can enforce their laws, regulate the use of
the sea and exploit the resources. The “right of innocent passage” was retained for naval
and merchant ships to pass through the territorial sea of any state.

In addition to this zone coastal states were also allowed to claim a “contiguous zone”
extending for 24 miles from their shores. In this area a state could arrest or detain drug
smugglers, illegal immigrants and customs or tax evaders violating the laws of the state.

A revolutionary feature of the Convention is the exclusive economic zone (EEZ) which
recognises the right of a coastal state to have jurisdiction over the resources in the
oceans, on the seabed and in the subsoil of the area extending for 200 nautical miles
from its shore.
 23

The Convention requires each Flag State (the state where a ship is registered) to
enforce its law on vessels flying its flag, irrespective of where the ship may be.

The Convention also requires Port States to enforce regulations. The port state can
enforce any type of international regulation adopted by the United Nations on any ship
entering its territorial waters or ports or inland waters or calling at offshore terminals.

Article 100 of UNCLOS requires all states to co-operate in the repression of piracy on
the high seas. Article 105 permits any state to seize a pirate ship and arrest the persons
engaging in piracy. The courts of the state that seized the ship can decide on the
penalties to be imposed on the pirates and also decide on the fate of the ship and
property seized. This is important because it allows states to protect commercial ships
engaged in legitimate trade.

The Convention itself remains the central instrument for promoting stability and peaceful
use of the sea. The United Nations has an important role as the global forum for
discussing all aspects related to the oceans and the law of the sea.

The International Tribunal for the Law of the Sea is an independent judicial body
established by the United Nations Convention on the Law of the Sea to adjudicate
disputes arising out of the interpretation and application of the Convention of the Law of
the Sea. The Tribunal is composed of 21 independent members, elected from among
persons enjoying the highest reputation for fairness and integrity and of recognised
competence in the field of the law of the sea.

United Nations:
One of the most successful activities of the United Nations and its many agencies has
been the development of international law - consisting of conventions, treaties and
standards – that play a central role in economic and social development of countries, as
well as international peace and security. New rules and initiatives from the UN form the
basis of the law governing relationships between nations.

The work of the UN includes providing the legal framework for:

- regulating the use of the oceans;
- protecting the environment;
- regulating migrant labour;
- countering drug trafficking; and
- combating terrorism, to name a few of the important ones.

The International Court in the Hague, Netherlands, is where international law is

practiced.
 24

CHAPTER 3: INTRODUCTION TO IMO

Shipping is the most international of all the world’s great industries but there are
elements of danger in traversing the oceans. It has been recognized that the best way of
improving safety at sea is by developing international regulations that are followed by all
shipping nations.

From the middle of the 19th century a number of treaties were adopted. Several maritime
nations proposed that a permanent international body should be set up to promote
safety at sea more effectively, but it was not until the establishment of the United Nations
that this could be done.

In 1948 an international conference in Geneva adopted a convention formally

establishing the IMO. Its original name was the Inter-Governmental Maritime
Consultative Organisation (IMCO) but this was changed in 1982 to the International
Maritime Organisation (IMO).

PURPOSE OF IMO:

1. to provide the means for cooperation among Governments in the field of

government regulation and practices relating to technical matters of all kinds
affecting shipping engaged in international trade;

2. to encourage and facilitate the general adoption of the highest practicable

standards in maritime safety, efficiency of navigation as well as prevention and
control of marine pollution from ships.

These purposes are summed up in the IMO’s motto: “Safe, secure and efficient shipping
on clean oceans”.

By the time IMO came into existence several important international conventions had
already been developed, including the International Convention for the Safety of Life at
Sea (SOLAS), the most important of all treaties dealing with maritime safety.

The IMO has also focused on such matters as the facilitation of international maritime
traffic, load lines, carriage of dangerous goods and a standard system for measuring the
tonnage of ships.

Although safety was, and remains IMO’s primary responsibility, a new problem began to
emerge – pollution. The growth in oil cargoes and the size of oil tankers was of particular
concern. The “Torrey Canyon” disaster of 1967, when 120 000 tonnes of oil was spilled
on the coast of Cornwall, demonstrated the scale of the problem.
 25

IMO introduced a series of measures to prevent tanker accidents and minimize pollution
and the most important measure is the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by a Protocol of 1978 (MARPOL 73/78). It
covers not only accidental and operational oil pollution but also pollution by chemicals,
goods in packaged form, sewage, garbage and air pollution.

Those who suffer financially as a result of pollution should be compensated and IMO has
adopted conventions which enable victims of oil and chemical pollution to obtain
compensation.

Shipping has seen many technological innovations and enormous changes have been
made in communications technology. In the 1970’s the International Mobile Satellite
Organisation (IMSO) was established, which led to the initiation of a global search and
rescue system. Satellites improved transmission of radio messages and this allowed
IMO to make major improvements in the maritime distress system. In 1992 the Global
Maritime Distress and Safety System (GMDSS) was phased in, making the automatic
transmission of distress messages operational.

Other measures introduced by IMO include safety of containers, bulk cargoes, liquefied
gas tankers and other ship types. Special attention has been given to crew standards
with the adoption of the Convention on Standards of Training, Certification and
Watchkeeping, 1978, as amended in 1995 (STCW 95).

In 1998 the International Safety Management Code entered into force (as part of the
SOLAS Convention) and it applies to the management of shipping company offices as
well as the ships they own or operate. These measures have greatly improved safety
and pollution prevention.

IMO has introduced measures to improve the way legislation is implemented, by

assisting flag states and by encouraging regional port state control systems. When ships
call at foreign ports they can be inspected by Port State Control officers to ensure they
meet IMO standards.

IMO has also developed a technical cooperation programme to assist Governments

which lack technical knowledge and resources. The emphasis is very much on training
and this can be provided by the World Maritime University in Sweden. It provides
advanced training for those involved in administration, education and management.

With a staff of 300 the IMO is one of the smallest UN agencies but it has achieved
considerable success. Ship casualty rates have declined and the amount of oil entering
the sea from ships has been dramatically cut. The challenge now facing IMO and its 159
member states is how to maintain this success in line with rapidly changing technology.
 26

STRUCTURE OF IMO:

The organization consists of an Assembly, a Council and four main Committees:

- the Maritime Safety Committee;
- the Marine Environment Protection Committee;
- the Legal Committee;
- the Technical Co-operation Committee: and
- the Facilitation Committee.
A large number of Sub-Committees support the work of the main committees.

Assembly:
This is the highest governing body of the IMO, consisting of all member states. It meets
once every two years in regular sessions, but may also meet in an extraordinary session
if necessary.

The Council:
Elected by the Assembly for two-year terms its 32 members are responsible for
supervising the work of the IMO between sessions of the Assembly. Its functions are to:
- co-ordinate the activities of the organs of the IMO;
- consider draft work programmes and budgets;
- receive reports and proposals of the Committees and submit them to member
states with comments and recommendations as necessary;
- appoint a Secretary-General, subject to approval by the Assembly; and
- enter into agreements or arrangements with other organizations, subject to
approval by the Assembly.

The Council is the executive organ of IMO and is responsible, under the Assembly, for
supervising the work of the Organization. Between sessions of the Assembly, the
Council performs all the functions of the Assembly, except that of making
recommendations to Governments on maritime safety and pollution prevention.

The IMO elects 40 members to the council in three categories - A, B and C. Countries
are elected for a two-year term.

The 10 states elected to Category A, which hold the largest interest in providing
international shipping services are China, Greece, Italy, Japan, Norway, Panama,
Republic of Korea, Russian Federation, United Kingdom, and the United States.
 27

Category B consists of 10 states with the largest interest in international seaborne trade.
Those elected are: Argentina, Bangladesh, Brazil, Canada, France, Germany, India,
Netherlands, Spain, and Sweden.

Category C is made up of 20 states not elected under A or B, which have special

interests in maritime transport or navigation and whose election to the council will ensure
the representation of all major geographic areas of the world.

Those elected in Category C are: Australia, Bahamas, Belgium, Chile, Cyprus, Denmark,
Egypt, Indonesia, Jamaica, Kenya, Liberia, Malaysia, Malta, Mexico, Morocco,
Philippines, Singapore, South Africa, Thailand, and Turkey.

 Maritime Safety Committee (MSC)

This is the highest technical committee of the IMO and consists of all member states.
The functions of the MSC are to “consider any matter within the scope of the
Organization concerned with aids to navigation, construction and equipment of vessels,
manning from a safety standpoint, rules for the prevention of collisions, handling
dangerous cargoes, maritime safety procedures and requirements, hydrographic
information, log books and navigational records, marine casualty investigations, salvage
and rescue and any other matters directly affecting maritime safety”.

Other matters being dealt with by the MSC include: passenger ship safety standards,
prevention of accidents involving lifeboats and near misses on board.

 Marine Environment Protection Committee (MEPC)

It consists of all member states and is concerned with prevention and control of pollution
from ships. In particular the MEPC is concerned with the adoption of amendments of
Conventions and other regulations as well as measures to ensure their enforcement.

This committee has proposed many Particularly Sensitive Sea Areas (PSSA’s), ballast
water management and new regulations for the recycling of ships. The MEPC was
responsible for proposing the southern South African sea area as a Special Area under
MARPOL Annex 1.
 28

Sub-Committees - Seven sub-committees assist the MSC and MEPC in their work:

 Sub-Committee on Human Element, Training and Watchkeeping (HTW);

 Sub-Committee on Implementation of IMO Instruments (III);
 Sub-Committee on Navigation, Communications, Search and Rescue (NCSR);
 Sub-Committee on Pollution Prevention and Response (PPR);
 Sub-Committee on Ship Design and Construction (SDC);
 Sub-Committee on Ship Systems and Equipment (SSE); and
 Sub-Committee on Carriage of Cargoes and Containers (CCC).

Flag State Implementation (FSI)

This committee has developed an action plan to tackle inadequate port reception
facilities, and deals with marine casualty investigations as well as harmonization of port
state control activities.

Legal Committee
This committee is empowered to deal with any legal matters within the scope of the
Organization. It deals with matters such as: claims for death, personal injury and
abandonment of seafarers; and wreck removal.

Technical Co-operation Committee

It is concerned with the implementation of technical co-operation projects and any other
matters in the technical co-operation field. This committee identifies needs in poorer
states and provides them with technical assistance as well as training.

Facilitation Committee
This committee deals with the IMO’s work in eliminating unnecessary formalities and
“red tape” in international shipping. This includes matters such as: unnecessary delays
in maritime traffic in ports; the processing of persons rescued at sea; and an on-line
database of certificates and documents carried by ships.

Secretariat
This consists of the Secretary-General and 300 staff based at the headquarters of the
Organization in London.
 29

AFFILIATED BODIES AND PROGRAMMES

Page Content

REMPEC
The Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea

PEMSEA
The Regional Programme for Marine Pollution Prevention and Management in the East
Asian Seas region.

Marine Electronic Highway

The Marine Electronic Highway in the Straits of Malacca and Singapore - An Innovative
Project for the Management of Highly Congested and Confined Waters.

IMPLEMENTATION OF A CONVENTION

Adoption of a Convention:
This is part of a process with which the IMO as an organisation is most closely involved.
The process is normally started by a suggestion made in one of the committees,
because these bodies meet more frequently than other main organs.

If agreement is reached within a committee the proposal formed will go forward to the
Council and, as necessary, to the Assembly. If the Council or Assembly gives the
authorisation to proceed with the work the committee concerned will consider the matter
in greater detail and ultimately draw up a draft instrument.

In some cases the proposal may be referred to a sub-committee for detailed

consideration. Work in committees and sub-committees is undertaken by
representatives of Member States of the IMO.

The views and advice of intergovernmental and international non-governmental

organisations are also welcomed by the committees. Many of these organisations have
direct experience in matters under discussion and are therefore able to assist the IMO in
a practical way.

The draft convention is agreed upon and put forward to the Council and Assembly with a
recommendation that a conference be convened to consider the draft for formal
 30

adoption. Invitations to attend the conference are sent out to all IMO Member States as
well as Member States of the United Nations or any of its specialised agencies, as
considered appropriate.

These conferences are therefore truly global and open to all Governments which would
normally participate in a UN conference, on an equal footing. In addition, organisations
of the UN system and organisations in official relationships with IMO are invited to send
observers to give the benefit of their expert advice.
Before the conference opens the draft convention is circulated to all invited
Governments and organisations for their comments. The draft, together with the
comments is then closely examined by the conference and necessary changes are
made, which must be acceptable to the majority of Government representatives present.

The convention agreed upon is then adopted formally by the conference and the
Secretary-General sends out copies to all Governments who are Member States. The
convention is open for signature by these States, usually for a period of 12 months.

Drafting and adoption of a convention can take several years to complete although in
cases where a quick response is required the process can be expedited.

Entry into Force:

The adoption marks the conclusion of the first stage of a long process. Before a
convention can become binding on a Government that ratifies it, ie. comes into force, it
has to be formally accepted by each Government.

Each convention contains conditions which have to be met before it can come into force.
For example:

- the International Convention for the Safety of Life at Sea, 1974, required
acceptance by 25 Member States whose merchant fleets comprise not less than
50% of the world’s gross tonnage; and

- for the International Convention on Tonnage Measurement of Ships, 1969, the

requirement was acceptance by 25 Member States whose combined merchant
fleets represent not less than 65% of the world’s tonnage.

When the conditions have been met the convention enters into force for the States which
have accepted it, generally after a period of grace of 12 months to enable the States to
take the necessary measures for implementation.

In the case of those conventions which affect a few States the entry into force conditions
are less stringent. For example, the Convention Relating to Civil Liability in the Field of
Maritime Carriage of Nuclear Material, 1971, came into force 90 days after being
accepted by 5 States.
 31

Important and technical conventions must be accepted and applied by the majority of
shipping nations. If they are not the conventions will tend to confuse rather than clarify
shipping practices for the ships that they are intended for.
Accepting a convention by a Government involves more than submitting a signed
document. The Government is obliged to take measures required by the convention and
this usually means that national law has to be enacted or changed.

Special facilities may have to be provided; an inspectorate may have to be appointed

and trained; and adequate notice must be given to shipowners, shipbuilders and other
interested parties so that they can take the provisions of the convention into account in
their business and plans. Currently IMO conventions enter into force within an average
of 5 years after adoption.

Consent by Signature:
A State can express its consent to a convention by signature where this is provided as
being acceptable.

A State may also sign a convention “subject to ratification, acceptance or approval”. In

such a situation the signature of the head of state will not be enough to bind the State to
the convention, the State will have to follow this up with a document of ratification
submitted to the Secretary-General.

This particular option originated at a time when international communications were not
instant as they are today. Many States still choose this option because it provides them
with time to ensure that necessary legislation is enacted before complying with
convention commitments.

Accession:
Most multi-national treaties are open for signature for a specified period of time, usually
12 months. Accession is the method by which a State becomes party to a convention
which it did not sign while the treaty was open. Accession requires a State to submit an
instrument (document) of accession with the Secretary-General.

Amendments:
Technology and techniques change very rapidly in all industries in these modern times.
As a result new and existing conventions need to be kept up to date. For example,
SOLAS was amended six times after it entered into force in 1965, and in 1974 a
completely new convention was adopted incorporating all the amendments, but the new
convention has had numerous additional amendments.

In early conventions amendments came into force only after a percentage of Member
States, usually two thirds, had accepted them. This practice led to long delays in
 32

bringing amendments into force. To remedy the situation a new amendment procedure
known as “tacit acceptance” was devised by IMO.

Instead of requiring that an amendment is accepted by a percentage of Governments,

the “tacit acceptance” procedure provides that an amendment will enter into force on a
particular date unless, before that date, objections are received from a specified number
of States. The minimum limit is set at 12 months and this procedure has greatly speeded
up the amendment process.

Enforcement of Conventions:
The IMO itself has no powers to enforce Conventions. Enforcement depends on Member
States because their Governments enforce the provisions of IMO Conventions when
they bring the wording of Conventions into their domestic legislation.

The Governments enforce regulations on their own ships and set penalties for any
infringement. They also have limited powers in respect of ships from other countries.

Some Conventions require certificates to be carried on board ships to show that the
ships have been inspected and have met the required standards. These certificates are
normally accepted as proof by authorities from other States that the ship concerned has
reached the required standard.

Under the SOLAS Convention, which contains Port State Control provisions, it states
that “the officer carrying out the control shall take such steps as will ensure that the ship
shall not sail until it can proceed to sea without danger to the passengers or the crew”.

Control measures such as detention can be done if “there are clear grounds for believing
that the condition of the ship and its equipment does not correspond substantially with
the particulars of the certificate”.

Inspections and control measures of this nature would, of course, take place within a
port state’s jurisdiction. However, when an offence occurs in international waters the
responsibility of imposing a penalty rests with the flag state of the ship concerned.

If an offence occurs within the jurisdiction of another state that state can either take
measures under its own laws or it can give the details of the offence to the flag state of
the ship concerned. The flag state can then take such action as it considers necessary.

In most Conventions the flag state has primary responsibility for enforcing conventions
as far as its own ships and their personnel are concerned.
 33

IMPORTANT IMO CONVENTIONS

SOLAS CONVENTION

The International Convention for the Safety of Life at Sea, 1974 (SOLAS 74) was
adopted by the International Conference on Safety of Life at Sea on 1 November 1974.
This Convention, referred to as SOLAS or SOLAS 1974 as amended, is the fifth and
latest of a series of conventions on safety at sea. The first version was adopted in 1914
in response to the “Titanic” disaster.

The amendment of this convention was the first major task for the newly created
International Maritime Consultative Organisation (the forerunner to IMO) and it
represented a considerable step forward in modernising regulations and in keeping pace
with technical developments in shipping. The intention was to keep the convention up to
date with amendments but in practice the amendment procedure was very slow.

As a result a completely new convention was adopted in 1974 which included the “tacit
acceptance” procedure. Instead of requiring that an amendment shall enter into force if
accepted by two thirds of Member States, the tacit acceptance procedure provides that
an amendment shall enter into force on a specified date, unless objections are received
from an agreed number of Parties.

The main objective of SOLAS is to specify minimum standards of construction,

equipment and operation of ships, compatible with their safety. Flag States are
responsible for ensuring that ships under their flag comply with SOLAS requirements,
and certificates must be issued to prove compliance.

Port State control provisions allow Contracting Governments to inspect ships of other
States, and apply control measures if there are clear grounds for believing that the ship
and its equipment do not substantially comply with the Convention. SOLAS sets out
Articles with general obligations and amendment procedures, followed by an Annex
divided into 12 Chapters.

Chapter l – General Provisions. This chapter contains regulations concerning survey and
certification of ships, as well as Port State control provisions.

Chapter ll-1 - Construction: Subdivision and Stability, Machinery and Electrical

Installations. Subdivision, watertight integrity, bilge pumping arrangements and stability
requirements are laid down for passenger ships and cargo ships. Steering gear
requirements are also included.
 34

Chapter ll-2 – Fire Protection, Fire Detection and Extinction. This chapter includes fire
safety provisions for passenger ships, cargo ships and tankers. Ships are subdivided by
main and vertical zones of thermal and structural boundaries, and separation of
accommodation spaces from other parts of the ship.

Chapter lll – Life Saving Appliances and Arrangements. Included are the requirements
for lifeboats, rescue boats and lifejackets. The Life Saving Appliance (LSA) Code
specifies the technical requirements in detail. An amendment to this Chapter in 2006
requires all cargo ships to have an immersion suit on board for each crew member. All
new bulk carriers are required to have a freefall lifeboat.

Chapter lV – Radio Communications. This chapter incorporates the Global Maritime

Distress and Safety System (GMDSS) which includes equipment such as satellite
Emergency Position Indicating Radio Beacons (EPIRB’s) and Search and Rescue
Transponders (SART’s) for the location of ships or survival craft.

Chapter V – Safety of Navigation. This chapter includes the services which Contracting
Governments should provide to shipping including meteorological services, ice patrols,
weather routeing and search and rescue. There are general obligations for ships to
assist those in distress and to be safely manned. From 1 January 2009 all ships on
international voyages must have a Long Range Information Transponder (LRIT) fitted.

Chapter Vl – Carriage of Cargoes. All types of cargo are covered except liquids and
liquefied gases in bulk which require special precautions. Ships carrying grain in bulk are
required to comply with the IMO International Grain Code.

Chapter Vll – Carriage of Dangerous Goods. These regulations are in four parts:

Part A covers carriage of dangerous goods in packaged form and in solid form in bulk
and requires Contracting Governments to comply with the International Maritime
Dangerous Goods (IMDG) Code.

Part B covers construction and equipment of ships carrying dangerous liquid chemicals
in bulk and chemical tankers built after 1986 must comply with the International Bulk
Chemical (IBC) Code.

Part C covers construction and equipment of ships carrying liquefied gases in bulk and
gas carriers built after 1986 must comply with the International Gas Carrier (IGC) Code.
Part D covers requirements for ships to comply with the International Code for the Safe
Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive
Wastes on Board Ships (INF Code).
 35

Chapter Vlll – Nuclear Ships. Basic requirements for nuclear-powered ships are provided
by the Code of Safety for Nuclear Merchant Ships which was adopted in 1981.
Chapter lX – Management for the Safe Operation of Ships. This chapter makes the
International Safety Management (ISM) Code mandatory.

Chapter X – Safety Measures for High Speed Craft. This chapter makes the International
Code of Safety for High Speed Craft (HSC Code) mandatory.

Chapter Xl-1 - Special Measures to Enhance Maritime Safety. The requirements for
Recognised Organisations, to carry out surveys and inspections on behalf of
Administrations, are covered.

Port State Control provisions are also in this chapter, and these requirements are for the
authorities of the ports to visit on board ships calling at their ports. Inspections will be
made in SA ports by SAMSA surveyors to ensure that all vessels are observing
international regulations with respect to safety, pollution prevention, crew working
conditions and their living arrangements.

Chapter Xl-2 - Special Measures to Enhance Maritime Security. This chapter includes
the International Ship and Port Facility Security (ISPS) Code. Ships are required to
maintain a security alert level at all times, normally Level 1, which may rise to Level 2 or
Level 3 depending on the level set by an Administration.

Chapter Xll – Additional Safety Measures for Bulk Carriers. Structural requirements for
bulk carriers over 150m in length are covered.
 36

LOAD LINE CONVENTION

The first International Convention on Load Lines was based on the principle of reserve
buoyancy although it was recognised that freeboard should also ensure adequate
stability. Limitations on the draft to which a ship may be loaded make a significant
contribution to its safety.

The 1966 Load Line Convention takes into account potential hazards to shipping in
different zones of the oceans and in different seasons. There are also safety measures
for doors, freeing ports and hatchways, with the main purpose of ensuring the watertight
integrity of the ship below the freeboard (usually the main) deck.

All assigned loadlines must be marked amidships on both sides and ships carrying
timber deck cargo are assigned slightly less freeboard.

The Convention includes three Annexes with Annex l divided into four Chapters.
Chapter l – General.
Chapter ll – Conditions of Assignment of Freeboard.
Chapter lll – Freeboards. The markings on ship’s hulls are given.
Chapter lV – Special Requirements for Ships Assigned Timber Freeboards.

Annex ll covers Zones and Seasonal Periods.

Annex lll contains the form of an International Load Line Certificate.

The 1988 Load Lines Protocol includes the harmonisation of the Convention’s survey
and certification requirement with those of SOLAS and MARPOL 73/78. All three
instruments require surveys which may take the ship out of service for days, and
harmonising their requirements means that the surveys can be done simultaneously.
The 1988 Protocol also introduced the “tacit acceptance” procedure which was already
in place for SOLAS amendments.

THE STCW AND MARPOL CONVENTIONS WILL BE COVERED IN SEPERATE

CHAPTERS
 37

CHAPTER 4: THE MERCHANT SHIPPING ACT

The Merchant Shipping Act consists of 10 Chapters, three Annexes and a number of
Proclamations. An introduction section provides definitions and application of the Act.

Chapter 1 - Administration.
This chapter includes administration of the Act and its regulations.

Chapter ll - Recording, Registering and Licensing of Ships.

The registration sections have been repealed because they are included in the Ship
Registration Act of 1998. All ships over 100 gross tons are required to be registered.

Chapter lll - Certificates of Competency, Service and Qualification.

This section includes both deck and engineer requirements.

Chapter Lv - Engagement, Discharge, Repatriation, Payment, Discipline and General

Treatment of Seamen, Cadets and Others.
The related regulations are: The Provisions Regulations 1961, The Bedding, Towels,
Mess Utensils and Other Articles for Personal Use Regulations 1961, and The Crew
Accommodation Regulations 1961.

Chapter V - Safety of Ships and Life at Sea.

This chapter is directly linked to SOLAS and COLREGS and related regulations are:
Lifesaving Equipment Regulations 1968, and Safety of Navigation Regulations 1968.

Chapter Vl - Special Shipping Enquiries and Courts of Enquiry and Courts of Survey.
This chapter is related to: The Courts of Survey Regulations 1961, The Maritime Courts
Regulations 1961, and The Courts of Marine Enquiry Regulations 1961.

Chapter Vll - Wrecks and Salvage.

The Wreck and Salvage Act of 1996 has caused this chapter of the MSA to be repealed
entirely.

Chapter Vlll - Carriage of Goods by Sea.

The Carriage of Goods by Sea Act of 1986 has caused this chapter to be repealed.

Chapter lX - Offences, Penal Provisions and Legal Procedure.

These provisions should be treated with caution and current labour legislation taken into
account. This legislation includes: The Labour Relations Act of 1995, the Basic
Conditions of Employment Act of 1997 and the Employment Equity Act of 1998.

Chapter X – General.
 38

Where section 355 states that nothing in the MSA should contradict labour laws when
they apply to seamen.
CHAPTER IV - THE ENGAGEMENT, DISCHARGE, REPATRIATION, PAYMENT,
DISCIPLINE AND GENERAL TREATMENT OF SEAMEN, CADETS AND APPRENTICE
OFFICERS.

This chapter has sections 90 to 99 concerning the treatment of cadets where excessive
numbers of cadets are not to be employed, and indentured cadets should have their
training contract recorded with the authorities.

This chapter requires all seafarers to be medically fit before they can join a ship. The
processes of joining and leaving a ship are detailed, including the Articles of Agreement
which must be signed between crew members and the master.

Any changes in the crew, when seafarers sign off to go on leave and new crew members
join, must be recorded and the details sent to the Proper Officer at the SA port where the
Articles were opened. The Articles usually last for one year but may be extended to
allow the ship to return to port, provided the crew agree. A copy of the Articles must be
displayed where all crew members can see it, usually in a cross alleyway.

The section on crew payments and allotments requires the master to record all monies
paid to crew members on board and a full account of all monies due and paid is to be
given to each person when he or she signs off.

No persons under the age of eighteen are allowed to be employed.

Seamen are not allowed to be left behind in a foreign port unless the circumstances are
beyond the control of the master, such as crew members being AWOL or deserting. If a
seaman is left behind he may be regarded as distressed, which means that he has no
means to provide food and shelter for himself.

An employer is responsible for a seaman’s repatriation back to his proper return port,
which means a port where he signed on, or a port in his home country, or a port agreed
to between the seaman and the master, or a port decided on by the Proper Officer. Note
that a proper return port may also be an airport.

The crew of a ship must be provided with food and accommodation of an acceptable
standard. If not then crew members should complain to SAMSA with regard to
provisions, water, accommodation and living conditions.
The master is required to inspect the provisions and accommodation at least once every
10 days to ensure it is up to standard and make an entry to this effect in the Official Log
Book.
 39

The shipowner is responsible for ensuring the proper treatment of any seaman who
suffers an injury or illness as well as his repatriation if necessary. If the seaman was
injured through a willful act or misbehaviour then he would be liable for all costs.
Seamen are required to conduct themselves in a disciplined, sober and orderly manner
and shall not knowingly cause any loss, destruction or serious damage to the ship or
endanger life or injure any person on board. Seamen are required to assist in preserving
the ship and all persons on board from danger.

The MSA requires that Official Log Books be kept by all South African registered ships of
more than 100 gross tons. All entries made by the master must be countersigned by an
officer or other crew member.

The master is required to make up a list of his current crew to attach to the Articles and
he must sign that list. The list should contain all the crew members’ particulars including
the date and place of joining as well as the date, place and reason for signing off.
 40

CHAPTER 5: THE SOUTH AFRICAN MARITIME SAFETY AUTHORITY

The following information provided by the SAMSA website.

SAMSA has an updated Vision and Mission Statement as follows:

VISION
“The Authority championing South Africa's global maritime ambitions.”

MISSION
“To promote South Africa's maritime interests and development and position the country
as an international Maritime Centre while ensuring maritime safety, health and
environmental protection”.

AREAS OF RESPONSIBILITY
In line with its objectives, as stated in Section 3 of the SAMSA Act, the organisation’s
primary areas of responsibility include:

Participating in the development and implementation of national and international

maritime safety and marine environment protection standards;

Enforcing technical and operational standards for all shipping operations in South
African waters and for South African ships anywhere, to promote responsible operations
in terms of seaworthiness, safety and pollution prevention;

Enforcing training standards and competency of seafarers;

Managing the national capability to respond to marine pollution incidents and other
maritime emergencies;

Operating the Maritime Rescue Co-ordination Centre to coordinate maritime assistance

services and to detect, and coordinate the location and rescue of people in maritime
distress situations throughout the internationally agreed South African Search and
Rescue Region;

Overseeing the provision of maritime distress and safety communications services to

discharge South Africa's responsibilities under the Global Maritime Distress and Safety
System;
 41

Administering South Africa's voluntary ship reporting system (SAFREP) for identifying
and tracking ships at sea for safety purposes and to provide a ships' database for
responding to marine emergencies;

Investigating maritime casualties; and

Delivering related services including: Public awareness and education in marine safety
and pollution prevention; Administration of South Africa's ship registration system; and
Publication of, and access to, ship safety and environmental standards.

SAMSA delivers four main outputs consistent with its mandate and responsibilities:

1. Safety and environment protection standards for responsible maritime transport

operations;
2. An infrastructure for monitoring and enforcing compliance with safety and
environment protection standards;
3. The capability to respond to marine pollution incidents and other maritime
emergencies; and
4. The capability to detect, locate and rescue people in maritime distress situations.

SAMSA’S RESTRUCTURING INTO CENTRES IN 2010

1. CENTRE FOR POLICY AND REGULATORY AFFAIRS

This Centre has the following objectives:

Develop a policy and regulatory framework

Provide assistance to the Department of Transport (DoT) in the drafting and formulation
of policies, including maritime related legislation.

Investigate changes in the policy, regulatory and legislative landscape relating to

maritime including any other policies and legislation that impacts on SAMSA on an
ongoing basis and drive compliance thereof.

Manage alignment and ratification of International Conventions and codify them into
domestic legislation including best practice.

Advise and provide regular updates to the organization of changes in regulations and
legislation; recommend implementation plans; and conduct training if necessary.

Manage internal policies.

 42

Build collaborative partnerships with key stakeholders (e.g. DoT, industry bodies) - to
review and discuss developments, locally and internationally; discuss any impact and
relevance to South Africa’s maritime industry; and recommend implementation plans.

Develop a Risk Management Framework

Provide strategic, proactive and timeous legal support in connection with specific
SAMSA projects, programmes or initiatives including structuring and negotiating
transactions or agreements to support ongoing business activities.

Provide legal contract management support within SAMSA.

Manage a culture of legal compliance, minimize legal risk and recommend corrective
action.

Advise and keep SAMSA updated with legal developments which impact or affect the
organization including identifying risks and opportunities.

Manage outsourced matters including a panel of attorneys.

2. CENTRE FOR SHIPS AND BOATING

This Centre ensures safe ships and clean seas by undertaking various activities:

Survey of ships: all South African registered convention ships, non-convention ships and
small boats.

Marine pollution combating: lead agency during an incident.

Accident investigation: all ships in South African waters.

Cargo surveys: grain, selected bulk ores, dangerous goods, and bulk chemicals.

Port State Control: inspection of foreign flagged ships in South African ports. 

Accreditation of Industry Service Providers: life raft service stations; fire appliance
service stations and medical practitioners. 

3. CENTRE FOR SEAFARERS

This Centre ensures safe ships and clean seas through compliance with regulations
such as the Safe Manning Regulations; and Marine Notices and Circulars.
 43

The Centre for Seafarers is also responsible for accreditation of training institutions;
eyesight tests; the issue of a Certificate of Competency or endorsement of a current
CoC; re-validation of a CoC; re-issuse of a lost or destroyed certificate; and recognition
of a foreign STCW-compliant certificate.

4. CENTRE FOR SEA WATCH AND RESPONSE

This Centre’s mandate is to comply with the requirements of International Maritime

Organisation Conventions - Safety Of Life At Sea (SOLAS) and national legislation
relating to maritime safety of navigation, maritime security, the protection of the marine
environment and to protect and promote South Africa’s maritime interests.

This Centre has the following objectives:

Implement systems for maritime surveillance, identification, monitoring and tracking of

vessels within SA territorial waters, the EEZ, and the SAR region extending to the
Antarctica

Maintain Maritime Domain Awareness (MDA) of SA’s extended maritime area

Communicate with vessel traffic when necessary 

Search And Rescue (SAR) functions and responsibilities

Identify and respond to possible maritime incidents

  
Monitor coastal and offshore activities

Cooperate with SA government departments with respect to maritime matters

Maritime Surveillance equipment includes:

 Long Range Identification and Tracking of Ships (LRIT)
 Automatic Identification System (AIS) both land-based and satellite detection
 Maritime radio communication systems (terrestrial and satellite) 
 Vessel Monitoring System (VMS)

Response includes:
 Maritime communications and navigation warnings
 Emergency Response Tug (SMIT AMANDLA) on standby to respond to vessels
in difficulty to prevent pollution or grounding
 Coordinating response to oil pollution at sea with relevant national and local
response agencies
 Cooperation with other organs of State with respect to maritime incidents
 44

5. CENTRE FOR MARITIME INDUSTRY DEVELOPMENT

The Centre for Maritime Industry Development is responsible for the advancement
(development) of the maritime economy, including the socio-economic interests of the
maritime industry.

This includes the creation of the Maritime Industry Cluster that is to be used as a key
vehicle in attaining the goal of positioning South Africa as an International Maritime
Centre. 

Some of the Centre’s areas of business include, but not limited to: cluster development,
SMME/BEE development,  research and economic analysis.

6. OFFICE OF THE CHIEF EXAMINER

The Office of the Chief Examiner maintains standards of examinations and maritime
training and education in accordance with the STCW Convention and Code backed up
by the Merchant Shipping (Training and Certification) Regulations 2013 and the South
African Maritime Qualifications Code.
 45

CHAPTER 6: CERTIFICATES CARRIED BY MERCHANT SHIPS

Flag State authority surveyors will perform inspections and issue certificates to assist a
ship to comply with international regulations. The certificates must be original
documents.

International Tonnage Certificate

A ship’s gross and net tonnages are determined by measuring in accordance with rules
found in the International Tonnage Convention, 1969. These tonnages are important
because they will be shown on the ship’s Registry Certificate, used for processing a ship
“inwards” when she arrives at a port. Gross tonnage is used to calculate the port and
light dues payable.

Ships are also measured for Panama and Suez Canal Authority tonnages, under their
rules, and these figures are used to calculate payments for passing through those
waterways.

International Load Line Certificate

This certificate is issued after a successful survey to comply with the provisions of the
International Convention on Load Lines, 1966. The ship must be marked with load line
markings, including the amidships and forward and aft draft marks.

Ships certificated to carry timber deck cargo will have the appropriate markings to
indicate their maximum load lines.

Intact Stability Booklet

The Master must be supplied with a Stability Booklet containing sufficient information for
him to obtain accurate guidance on calculating the stability for various conditions of
loading. This booklet, a requirement of SOLAS, will be checked by Flag State surveyors
who will approve it by applying their official stamp.

Damage Control Booklets

These booklets will clearly show the boundaries of watertight bulkheads, openings in
these bulkheads with the positions of controls to close watertight doors, and the
arrangements to correct any list due to flooding. These booklets and plans for display, as
 46

required by SOLAS, are checked and stamped to show approval by Flag State
surveyors.

Minimum Safe Manning Document

SOLAS requires that this document is issued to a ship by its Flag State as evidence of
the minimum safe manning complement to be on board. It shows the number of persons
required for each rank for the particular type of ship.

Certificates of Competency
Under the provisions of the STCW Code annexed to the Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978, masters, officers and
ratings shall be issued with certificates of competency or qualification.

Candidates must meet the Flag State authority requirements for service, age, medical
fitness, training, qualifications and examinations in accordance with the Code. All
certificates of personnel serving on a ship must be available on board in their original
form.

International Oil Pollution Prevention Certificate

This certificate is issued after survey in accordance with Annex I of MARPOL 73/78 and
is required by all ships of 400 gross tons and above engaged on international voyages
and all tankers of 150 gross tons and above.

This certificate is supplemented by a “Record of Construction and Equipment for Ships

other than Oil Tankers” or a “Record of Construction and Equipment for Oil Tankers” as
appropriate. In addition the above vessels must be provided with an “Oil Record Book,
Part 1 - Machinery Space Operations”.

Oil tankers of 150 gross tons and above must be provided with a “Shipboard Oil
Pollution Emergency Plan” (SOPEP) approved by their Flag State, an “Oil Record Book,
Part ll – Cargo/Ballast Operations”, and they are required to keep a record of their oil
discharge monitoring and control system.

International Certificate for the Prevention of Pollution by Garbage

Every ship of 400 gross tons and above and every ship certified to carry 15 persons or
more engaged on international voyages must carry a Garbage Record Book in
accordance with requirements of MARPOL 73/78 Annex V. In addition these vessels
must have a Garbage Management Plan.
 47

International Certificate for the Prevention of Pollution by Sewage

All ships of 200 gross tons and above and all ships carrying 10 or more persons must
comply with the provisions of Annex lV of MARPOL 73/78 regarding the treatment of
sewage on board.
International Air Pollution Prevention Certificate
Annex Vl of MARPOL 73/78 applies to all vessels and came into force in May 2005.
Vessels must have monitoring devices and controls in place to limit pollution of the
atmosphere.

Cargo Securing Manual

Under SOLAS all units, including containers, must be loaded, stowed and secured in
accordance with a Cargo Securing Manual approved by the ship’s Flag State. This
manual is required on all ships engaged in the carriage of cargoes other than solid and
liquid bulk.

Document of Compliance
A company operating ships, which meets the requirements of the International Safety
Management (ISM) Code under SOLAS, will be issued with a Document of Compliance.
A copy of this certificate must be carried by every ship in the company.

Safety Management Certificate

After the administration has verified that the ship operating company complies with the
ISM Code, by having an approved safety management system, each ship will be
inspected for compliance, and thereafter issued with a Safety Management Certificate.

Cargo Ship Safety Construction Certificate

A ship of 500 gross tons and above which satisfies the requirements for cargo ships in
SOLAS will be issued with this certificate.

Cargo Ship Safety Equipment Certificate

A cargo ship of 500 gross tons and above which complies with the relevant requirements
of SOLAS will be issued with this certificate. A “Record of Equipment for the Cargo Ship
Safety Equipment Certificate” must be permanently attached.

Cargo Ship Safety Radio Certificate

 48

A cargo ship of 300 gross tons and above which complies with the requirements of
SOLAS, including the fitting of a radio installation and radios used in life-saving
appliances, will be issued with this certificate. A “Record of Equipment for the Cargo
Ship Safety Radio Certificate” must be permanently attached.

Cargo Ship Safety Certificate

This certificate is issued to a cargo ship which complies with the relevant requirements
of SOLAS, as an alternative to the previous three cargo ship safety certificates.

Dangerous Goods Manifest

Each ship carrying dangerous goods must have a special list setting out the
classification, in accordance with the International Maritime Dangerous Goods (IMDG)
Code under SOLAS and Annex lll of MARPOL 73/78, and the location of the goods on
board.

A detailed stowage plan which identifies the classification and location of all dangerous
goods on board may be used in place of the manifest. A copy of the manifest or stowage
plan must be made available to the Port State authority before departure.

Document of authorization for the carriage of grain

Every ship to be loaded in accordance with the regulations of the International Code for
the Safe Carriage of Grain in Bulk (the Grain Code) under SOLAS, must have on board
the document of authorization. This document may be issued by the Flag State, or by an
authority on behalf of the Flag State, to show that the ship complies with all
requirements.

This document may be attached to or incorporated in the Grain Loading Manual which
must be provided to the Master to enable him to meet the stability requirements of the
Grain Code.

Certificate of insurance or other financial security in respect

of civil liability for oil pollution damage.
Each ship carrying more than 2000t of oil in bulk as cargo must have on board such a
certificate, issued by the Flag State authority after determining that the requirements for
financial security, contained in either the Civil Liability Convention, 1969 (CLC 69) or the
CLC 72, have been met.

Bulk Carrier Booklet

 49

To enable the Master to prevent excessive stress in the ship’s structure when a ship is
loading or unloading solid bulk cargoes, the ship must be provided with a booklet
specified by the Code of Practice for the Safe Loading and Unloading of Bulk Carriers
(the BLU Code) under SOLAS. As an alternative this information may be contained in
the ship’s Intact Stability Booklet.

Enhanced Survey Report file

Bulk carriers and oil tankers must have on board this report file and supporting
documents to show that they are complying with the requirements of the enhanced
programme of inspections during surveys, as per SOLAS and MARPOL 73/78
respectively.

Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk

All ships carrying dangerous chemicals in bulk are required to have this certificate issued
after a successful survey, to comply with the International Code for the Construction and
Equipment of Ships Carrying Dangerous Chemicals in Bulk (the IBC Code) under Annex
ll of MARPOL 73/78.

This certificate will specify which dangerous chemicals the ship is permitted to carry, and
any additional cargoes must be approved by the Flag State for addition to the list of
cargoes in this certificate.

Certificate of Fitness for the Carriage of Liquefied Gases in Bulk

This certificate must be carried by all ships which are built to meet the requirements of
the International Code for the Construction and Equipment of Ships Carrying Liquefied
Gases in Bulk (the IGC Code), under Annex ll of MARPOL 73/78.

The certificate will specify exactly which liquefied gases the ship is permitted to carry.
 50

CHAPTER 7: CLASSIFICATION SOCIETIES

“Classing” a ship with a classification society is not compulsory but it has so many
advantages that a shipowner would have to have a very good reason not to. Class
registration provides a shipowner with a reliable organization that will ensure that his
ship is constructed, repaired and maintained in accordance with acceptable standards.

Class registration provides ship and cargo underwriters, chartering brokers, merchants
and shippers with reliable technical and commercial information about a vessel’s
strength and suitability for different cargoes and charters.

Class registration does not imply that the ship is safe, fit for purpose or seaworthy. It
does provide a certificate however, attesting that the ship is in compliance with Rules
(standards) that have been developed by the society issuing the classification certificate.

As an independent, self-regulating body a classification society has no commercial

interests related to ship design, ship building, shipowning, ship operating, ship
management, maintenance or repairs, insurance or chartering. In establishing its Rules
each classification society consults with members of the industry who are considered
expert in their field.

Classification Rules are developed to contribute to:

- the structural strength and integrity of essential parts of the ship’s hull and its
fittings;

- the reliability and function of propulsion and steering systems;

- power generation; and

- those other features and auxiliary systems built into a ship to maintain essential
services on board.

The Rules are not intended to be a design code for building ships. A ship built in
accordance with a society’s Rules will be assigned a class designation, and the
shipowner will be required to submit the ship for surveys in order for it to remain in class.
 51

Any ship registered with a classification society must remain in compliance with the
society’s Rules. Should any defects which may affect class become apparent, or
damages are sustained between surveys, the shipowner and operator are required to
inform the society concerned without delay.
A ship remains in class provided that relevant Rules have, in the opinion of the society,
been complied with and surveys carried out in accordance with the Rules.

Where did the term classification come from?

In the 18th century marine insurers, based in Lloyd’s Coffee House in London, developed
a system for the independent inspection of the hull and equipment of a ship presented to
them for insurance cover. In 1760 they formed a committee for this purpose and an
attempt was made to “classify” the condition of each ship on an annual basis.

The condition of the hull was classified A, E, I, O or U according to the excellence of its
construction and continuing soundness. Equipment was classified as G, M, or B which
meant Good, Middling or Bad.

Over time G, M and B were replaced by 1, 2 and 3, which lead to the origin of the
expression A1, meaning first or highest class. The concept of classification caught on
and spread around the world.

As the classification profession evolved the practice of assigning different classifications

has been superseded because in modern times a ship either meets the class society’s
Rules or it does not. However, each society has developed a series of notations that
may be granted to a vessel to indicate compliance with additional criteria that may be
specific to that vessel type or that are in excess of standard classification requirements.

In 1968 seven of the leading classification societies formed IACS, the International
Association of Classification Societies. In 1969 IACS was given consultative status by
IMO and it remains the only non-governmental organisation with observer status able to
develop and apply rules.

THE CLASSIFICATION PROCESS

To implement the Rules a typical classification process consists of:

a) A technical review of the design plans and related documents for a new vessel to
verify compliance with the applicable Rules.

b) Attendance at the construction of the vessel in the shipyard by a society

surveyor, and at the relevant production facilities that provide key components
such as steel, main engine, generators and castings, to verify that the vessel and
certain fittings are constructed in accordance with the classification Rules.
 52

c) Consideration of the shipowner’s request for issue of a class certificate on

satisfactory completion of the above.

d) Approval of assignment of class and the issue of a certificate of classification is

issued if all is considered satisfactory.

Once in service the shipowner must submit the vessel to a clearly specified programme
of periodical class surveys to verify that the ship continues to meet the relevant Rule
conditions for continuation of class.

The shipowner has total control over a vessel including the manner in which it is
operated and maintained. Classification is voluntary and its effectiveness depends on
the shipowner operating in good faith and disclosing to the society any damage or
deterioration that may affect the vessel’s classification status.
Classification of a ship is based on the understanding that the ship is loaded, operated
and maintained in a proper manner by competent and qualified crew. It is the
shipowner’s responsibility to ensure proper maintenance of the ship until the next
survey.

Where the conditions for the maintenance of class are not complied with class will be
suspended or withdrawn, as decided by the society when it becomes aware of the
condition. The ship may lose its class temporarily (suspension of class) or permanently
(withdrawal of class).

If surveys are not carried out within the specified time frame or the vessel is operated in
a manner that is outside its classification designation, the suspension of class may be
automatic.

CLASSIFICATION SURVEYS
Each classed vessel is subject to a programme of periodic surveys after delivery. These
are based on a 5 year cycle and consist of annual surveys, an intermediate survey
between the second and third years and a class renewal/ special survey after 5 years.
The intensity of each survey increases with the age of the vessel.

A class survey is a visual examination that normally consists of:

- an overall examination of the items for survey;
- detailed checks of selected parts; and
- witnessing tests and measurements where applicable.
 53

When a surveyor identifies corrosion, structural defects or damage which, in the opinion
of the surveyor affects the ship’s class, remedial measures must be implemented before
the ship continues in service.

Class renewal/ special surveys include extensive out-of-the-water examinations to verify

that the hull, main and auxiliary machinery, systems and equipment remain in a
condition that satisfies the Rules. The surveyor will assess whether the structural
integrity remains effective and may identify areas where there is substantial corrosion,
deformation, fractures or other deterioration.
Ultrasonic thickness measurements may be taken of the hull. Depending on the age,
size, type and condition of the vessel the special survey may take weeks to complete.

The intermediate survey includes examinations and checks to determine whether the
ship remains in a general condition which satisfies the Rules. According to the type and
age of the ship drydocking may be necessary.

Annual surveys include external, general inspections of the hull, equipment and
machinery and certain tests to determine whether the ship remains in a general
condition which satisfies Rule requirements. Depending on the size, age, type and
condition of the vessel an annual survey may take several hours to a few days to
complete.

In order to avoid disruptions to sailing schedules Classification Societies have developed

a system of continuous surveys, the Harmonic Survey System, which cover the
requirements of the periodical and special surveys.

RECOGNISED ORGANISATIONS
SOLAS and other conventions allow Flag States to delegate inspection and survey of
ships for statutory certificates to a Recognised Organisation (RO).

An RO must meet the criteria laid down by the IMO as follows:

a) The RO must demonstrate technical competence;

b) The RO must be governed by the principles of ethical behaviour; and

c) The RO should be subject to a verification of its quality system by an

independent auditor acceptable to the Flag State.

The RO is responsible and accountable to the Flag State for the work it carries out on its
behalf. The scope of inspections and surveys regarding safety and pollution prevention
are laid down by the Flag State in compliance with international conventions.
 54

Classification societies are generally accepted as meeting the criteria for RO’s and their
choice makes sense because the large societies have representation in all the world’s
major ports.

Maritime Safety Authorities such as SAMSA may also meet the SOLAS RO
requirements and be called on by other flag states for safety surveys on their ships. In
this way a flag state authority will not have to fly its surveyors to ports where their ships
call.

Extract from Marine Notice 7 of 2014:

“This marine notice lists the names of Classification Societies that SAMSA has entered
into agreement with, to be its Recognized Organizations (ROs). As of March 2014, these
Recognized Organizations are:

 American Bureau of Shipping (ABS)

 Bureau Veritas (BV);
 Indian Register of Shipping (IRS);
 Korean Register of Shipping (KRS);
 Nippon Kaiji Kyokai (ClassNK);
 Registro Italiano Navale (RINA); and
 Russian Register of Shipping (RS).

The Agreements shall endure for five (5) years renewable, unless either Party gives
twelve (12) months’ notice of termination thereof to the other Party.”
 55

CHAPTER 8: SEAWORTHINESS OF MERCHANT SHIPS

The term seaworthy means a vessel which has its hull, equipment and machinery in a fit
state, its cargo well stowed, the master and officers appropriately qualified, is adequately
manned and is able to handle the sea conditions expected during her current voyage as
well as future voyages.

This description was taken from the MSA which has further requirements. The ship must
meet the conditions provided in her Loadline Certificate and must not be loaded in
excess of the provisions stated in that certificate.

If a person wants to complain about the seaworthiness of a ship he must make the
complaint in writing to SAMSA, and include his name and address. The complaint
cannot be made anonymously over the telephone.

In terms of the Maritime Labour Convention of 2006 and amendments to the Merchant
Shipping Act of SA in 2013, a complainant may act alone. It will be the responsibility of
SAMSA to ensure that complaints are genuine and lodged by persons acting in a serious
manner.

The SAMSA surveyor who inspects the ship must hand the master a copy of this
complaint complete with the complainant’s name and address. If the complaint is found
to be without cause then SAMSA is liable for the costs of the inspection which will be
treated like a Port State Control inspection. If there has been any loss caused by delay
through detention of the ship SAMSA will compensate the shipowner.

If the complaint is justified the shipowner will be liable for all costs including SAMSA
inspections, which include the initial inspection and final inspection. His ship will not be
released until any faults found are rectified and all inspection costs paid to SAMSA.

THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE

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The objectives of the Code are to guarantee safety at sea by preventing accidents and
loss of human life, and to prevent risks of pollution in the marine environment.

The ISM Code covers the organisation and provisions taken by a company to control
safety and prevent pollution risks. All aspects of the Code may be grouped under four
main headings: Management; People; Ship and Equipment; and Procedures.

As far as certification is concerned, these four aspects are subject to an assessment by

the Flag State which leads to the issue of a Document of Compliance for the company,
and a Safety Management Certificate for the ship, renewable every five years and
subject to periodical assessment.
Management
Company management is responsible for developing, implementing and maintaining an
effective safety management system, both in the shore offices and on board its ships.
The aspects of the ISM Code that relate to management are:

a) The development of company policy in relation to safety and the protection of the
marine environment.

b) The written definition of responsibilities and authority of each person ashore and
on board with regard to safety and environmental policy. A designated person
(DP), acting directly for the company management, must be made responsible
for supervising implementation and maintenance of the policy. The Master on
board must be given precise written definitions of his responsibilities and
authority.

c) The preparation, distribution and periodic updating of a documentary system in

the form of procedures, plans and instructions, accessible to all company
personnel.

d) The periodic review of the effective operation of the safety management system.
This will enable identification of non-conformities, followed by necessary
corrective action to maintain a desirable level of safety.

e) The monitoring of actions implemented in order to improve safety in the

company.

People
Company personnel are the key to successful implementation of the system. Human
error is considered to be the major cause of casualties on board by P & I Clubs. The
aspects of the ISM Code relating to people are:

a) Qualifications, because reduced crews and increasingly sophisticated equipment

puts a greater pressure on performing the correct action.
 57

b) Communications between crew members. It is necessary to issue work orders as

completely as possible to ensure continuity of safety and avoid fatal breakdowns.

c) The provision of information to crew on their work and responsibilities.

1
d) Training to prevent errors and non-conformities which may be fatal, including
drills and exercises to simulate emergencies.

e) Motivation of all personnel because a sustained interest in safety will be for the
preservation of all.
The Ship and Equipment
While the seafarer represents the behavioural element of the system the ship and its
equipment represents the “hardware”. It is essential that the relationship between a
seafarer and his working environment is understood. The way in which people work and
the environment in which they work must be taken into account for successful
implementation of a safety management system.

The important aspects of the Code relating to the ship and its equipment are:

a) The development of a preventative maintenance programme to minimise risks of

breakdowns and accidents.

b) The identification and periodical inspection of all the equipment and systems
considered critical for the safe and effective operation of the ship.

c) Necessary inspection and control of instruments and materials which provide

information on the operational condition of the ship. If there is a written calibration
or checking procedure this will prevent omissions and contribute to a safety-
conscious environment for the crew.

Procedures
The main reason for having procedures written down is to avoid recurring errors, but
they should be seen as a means of transmitting necessary expertise. They should not
remain static and must be updated as experience dictates.

Although speech is always necessary for daily activities written forms of the messages
are intended to record data essential to the proper functioning of the ship, and to ensure
exchange of information between crew members. Good written documentation and well
drafted procedures are excellent tools for training of personnel.

The essential aspects of the Code relating to procedures are:

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a) Manuals of all operational procedures for the ship to perform its mission, within
the context of the company’s safety and environmental protection policies.
b) Operational action plans, to enable the crew to deal with all foreseeable
situations which may affect the safety of personnel or result in a pollution risk.

c) Regular training of the crew in emergency exercises and practices to prepare

them for all eventualities.

d) Internal audits on the application of procedures and follow up of any corrective

measures in line with the Code.

e) Analysis and corrective actions for all non-conformities observed during audits
and inspections.

f) Recording of data and submitting reports to demonstrate the effective operation

of the system. Written documents are the evidence required by external auditors
during assessments of the system.

ISM CERTIFICATION

The ISM Code forms part of Chapter 9 of the SOLAS Convention and the Code requires
that companies and their ships be certified. The aim of the certification process is to
establish that the company is managing safety in accordance with a very simple
principle: write how activities should be done, do what has been written and be able to
prove it.

The certification process consists of three stages: initial certification, maintenance of

certification and re-certification.

The initial certification consists of audits carried out by the administration (Flag State), or
classification society authorised by the administration. The company must have
documentation in place to be audited and therefore should have had a safety
management system in place for at least three months before the initial audit.

A Document of Compliance is issued to the company after the initial shore-based audit
successfully meets the requirements of the Code. This document is valid for the types of
ships which the company operates but can be extended to cover any other ship if the
company satisfies the requirements for that ship type. The document is valid for 5 years
provided the company has an internal audit every year, and is subject to an external
renewal audit at the end of 5 years.

A Safety Management Certificate is the official document which recognises that the
safety management and pollution prevention system for each ship is operating
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effectively. The initial audit is conducted after the system has been operating on board
for at least three months. The validity of the certificate is 5 years subject to annual
internal audits, an intermediate external audit between the second and third years, and
an external renewal audit after 5 years.

Both the Document of Compliance and Safety Management Certificate must be carried
on board the ship to demonstrate compliance to port state authorities.

CHAPTER 9: THE STCW CONVENTION

The 1978 STCW Convention was the first to establish basic requirements on training,
certification and watchkeeping for seafarers on an international level. Previously these
standards for officers and ratings were left up to individual governments, usually without
reference to practices in other countries.

Some countries, such as those of the British Commonwealth, followed the practices in
Britain and there was a great deal of commonality but even in these countries differing
standards were evident. Standards and procedures varied widely around the world even
though shipping is the most international of all industries.

The 1995 amendments represented a major revision of the Convention. Duties on board
were divided into functions at three levels: management, operations and support. A
Code was produced, divided into 2 sections:

Part A which contains mandatory requirements, making implementation compulsory for

all governments that are party to the Convention; and

Part B which contains recommendations for guidance.

The 2010 amendments, known as the Manila Amendments after the conference in June
2010 in Manila, Philippines, made a significant number of changes. These include
updating standards of competence to take into account emerging technologies such as
ECDIS. There are also new requirements for leadership and management training as
well as new medical fitness requirements for seamen.

Resolutions undertaken at the Manila Conference include requirements for

administrations: to establish electronic databases of certificates of competency; follow
the IMO’s principles of safe manning; monitor standards of ship’s crew as well as
training progress of junior personnel; encourage officers to train junior crew members;
promote pride in the maritime profession; encourage a safety culture; and create an
environmental conscience in all seafarers.
 60

The conference also established 25 June each year as the “Day of the Seafarer” so that
their contribution to international seaborne trade, the world economy and civil society,
can be recognised and appreciated.

Format
The convention has a logical format with a numbering sequence which allows the reader
to follow provisions in the Regulations through to the relevant parts A and B of the
STCW Code.

Tables list the competencies which must be achieved and these are aligned to a second
column which specifies the knowledge, understanding and proficiency required for
achieving competence. A third column provides the methods for demonstrating
competence, and a fourth column provides the criteria for evaluating competence. The
format makes the STCW Code user friendly:

- for candidates as to what they need to know and demonstrate to achieve

competence;

- for facilitators as to what level of knowledge they should teach;

- for assessors as to what criteria they should judge candidates against; and,

- for moderators to check that competence has been fairly and correctly achieved.

Contents
The regulations and the STCW Code are divided into 8 Chapters as follows:
Ch. l General Provisions.
Ch. ll Master and Deck Department.
Ch. lll Engine Department.
Ch. lV Radiocommunication and Radio Personnel.
Ch. V Special Requirements for Personnel on Certain Types of Ships.
Ch. Vl Emergency, Occupational Safety, Medical Care and Survival Functions.
Ch. Vll Alternative Certification.
Ch. Vlll Watchkeeping.
 61

RESPONSIBILITIES AND OBLIGATIONS OF SHIPPING COMPANIES

Shipping companies are required to accept certain responsibilities and obligations.

Although these have been derived from the International Safety Management (ISM)
Code the provisions are precise. Companies must be able to prove that seafarers
employed on board are competent, qualified and can perform their duties safely and
effectively.

Although Governments are responsible for implementing and enforcing the various
requirements companies must ensure that any seafarer they employ is qualified in
accordance with international standards, in order to avoid penalties.

In Regulation l/14 the Code states that each Administration shall hold companies
responsible for the assignment of seafarers for service on their ships in accordance with
the provisions of the present Convention.

In Section A-l/14 the Code states that companies, masters and crew members each
have a responsibility for ensuring the safe operation of a ship. The company must give
written instructions to the master for familiarisation training for all new seafarers.

To meet the above obligations companies have a responsibility to ensure that all
seafarers they appoint to their ships are properly qualified; their ships are adequately
manned; the seafarers’ certificates and ship’s certificates are kept on board and ready
for inspection; the seafarers are familiarised with the ship and their duties; and the crew
can co-ordinate their activities during an emergency.

When joining a ship a seafarer must be familiarised with his duties and aspects of safety
and survival. The familiarisation training required in Section A-Vl/1 of the STCW Code
ensures that each seafarer is able to:

a) communicate with other persons on board on elementary safety matters and

understand safety information symbols, signs and alarm signals;
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b) know what to do if a person falls overboard, or fire and smoke is detected, or the fire
or abandon ship alarm is sounded;

c) identify muster and embarkation stations and emergency escape routes;

d) locate and don lifejackets;

e) raise the alarm and have basic knowledge of the use of portable fire extinguishers;

f) take immediate action when encountering an accident or other medical emergency

before calling for further medical assistance on board; and

g) close and open fire, weathertight and watertight doors fitted in the particular ship.
RESPONSIBILITIES OF ADMINISTRATIONS

The STCW Convention requires administrations to take responsibility for control of all
training, assessment and certification. All training undertaken has to be approved by the
administration, and approved means that the training provider meets all the
requirements of applicable local and international legislation.

The administration is to maintain a register of all certificates of competency issued, and

have a revalidation process in place for renewal of certification after 5 years.

SOUTH AFRICAN COMPLIANCE

The Training and Certification Regulations of 2013 and the SAMSA Code are documents
in South African legislation by which compliance with the STCW Convention is achieved.

Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013.

These regulations, under the Merchant Shipping Act, provide information on the
assessment processes as well as the requirements for shore and shipboard assessors.

Level 1 assessment is done at sea by qualified officers for cadets and ratings to ensure
the completion of tasks in On Board Training Record Books, in the disciplines of
Navigation and Engineering. Level 2 assessment is that done at shore-based practical
training institutions, and Level 3 assessment is the oral examination done by SAMSA
examiners for awarding certificates of competency.

Under the regulations SAMSA is required to maintain a register of all certificates of

competency issued and these are under the control of a Registrar. All candidates for an
oral examination must declare their qualifying seatime in writing and produce their
Seaman’s Record Books (Discharge Books) as proof.
 63

Engineer Officer candidates must produce testimonials as proof of qualifying service,

including sea service and workshop service, in addition to their Seaman’s Record Books.

Senior deck and engineer examiners are appointed by SAMSA, and a senior examiner is
also the chairman of the Syllabus Committee. The committee members are appointed
from the administration, education and training institutions, the shipping industry and
organised labour. This committee approves syllabi set out in the SAMSA Code for all
approved training providers.

Assessors, whether on board or ashore, must:

- have an appropriate level of knowledge and understanding of the competence to

be assessed;

- be qualified in the activities to be assessed;

- have been guided in assessment methods and practice; and

- have gained practical assessment experience.

Assessors must hold an appropriate certificate of competency, be medically fit, and have
completed an approved assessor training course which included at least three practical
assessments. English, as the universal language of the sea, must be used in all
assessments.

The SAMSA Code

The knowledge required by seafarers is in tables in the form of modules with units of
competency and assessment criteria. The Code gives the study content for the various
subjects required to be completed for a qualification, as well as the requirements for
ancillary course certification such as Fire Fighting and Proficiency in Survival Craft.

SAFE MANNING

The Merchant Shipping (Safe Manning, Training and Certification) Regulations 2013
govern the minimum numbers of crew members required on each type and size of
vessel. In addition these regulations cover:

- Watchkeeping Standards;

- rest periods for watchkeepers;

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- employment of persons holding foreign certificates of competency and

recognition of foreign certificates;

- the qualifications required for personnel on ro-ro ships and tankers, and for those
ships equipped with fast rescue boats.

These regulations are based on the IMO’s Principles of Safe Manning and it applies to
all ships engaged in commercial maritime operations. Under the SOLAS Convention
requirements a ship may be issued with a Safe Manning document showing that the ship
meets the minimum safe manning requirements of the convention. In the annex is the
format of a Safe Manning document.

The STCW Convention, in Chapter 8, provides advice on watchkeeping arrangements,

duties while performing a watch and taking over a watch.
Responsibilities of owners and masters.

A shipowner is required to check the validity of certificates of competency of officers and

ratings. The owner must ensure that masters and officers are only sent to ships in which
they have experience, which means that new personnel must be properly familiarised
with the ship and their particular duties.

First timers must have completed an approved safety induction course, and all seafarers
must be medically fit and carry the appropriate documentation. The crew must be able to
co-ordinate their actions in response to any emergency including pollution prevention.
The number of crew on board must meet the number decided by the authority for the
size of the ship and the service it performs.

The owner is further required to ensure that the master and seamen of his ship do not
work more hours than is safe for the ship’s operations and the performance of their
duties. The master is required to monitor the hours of work to ensure that safe limits are
not exceeded and that all crew members are properly rested before they commence
duty.

The master must consult with the ship’s safety committee before compiling a schedule of
working hours. The schedule must apply to watchkeepers and management on board
and specify total daily, weekly and monthly hours of work.

Working and resting hours must follow the guidelines provided by the ILO Maritime
Labour Convention of 2006 (MLC 2006). There must be a minimum of 77 hours of rest in
each seven day period.

The schedule must be displayed on the ships’ noticeboards and the notices must include
maximum hours of work and minimum hours of rest.
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In the case of emergencies or overriding operational conditions the rest periods do not
have to be maintained, but the master must record these circumstances, along with the
seamen’s names, in the official log book of the ship.

Emergency drills must be held when there is minimal disruption to rest periods and they
should not contribute to fatigue.

Watchkeeping Principles
The Chief Engineer must ensure that safe watches are maintained. They do this by
making sure that watchkeeping arrangements are adequate and that all officers and
ratings are aware of the serious effects of operational and accidental pollution. All crew
members must take precautions to prevent breakdowns, accidents and pollution.

Engineering watchkeeping
The officer in charge of an engineering watch is the Chief Engineer’s representative and
is responsible at all times during his watch for the safe and efficient operation of all
machinery under his responsibility. All members of an engineering watch must know:

- how to use the internal communication system;

- all escape routes from the engine room;
- all alarm systems, especially the fire extinguishing alarm (CO2 or water fog); and
- the location of all fire fighting and damage control equipment.

A relieving watchkeeper must ensure that all members of the relieving watch are fully
capable of performing their duties. The officer in charge of the watch must not leave
machinery spaces unsupervised. The main engine throttles must always have a crew
member nearby in case of emergency action required by the bridge or a necessary
slowing down.

The Chief Engineer must take the following into account when deciding on the personnel
for watchkeeping:

a) The type of ship and its machinery as well as the condition of the machinery;
b) The machinery spaces must be supervised for safe operations;
c) Any special situations such as heavy weather, ice, contaminated water, shallow
water, and emergency conditions including damage to the ship or pollution
response;
d) Qualifications and experience of the engineer officers and ratings;
e) Safety of life, the ship, cargo and protection of the marine environment;
f) Observance of all regulations; and
g) Maintaining normal operations.
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CHAPTER 10: SHIP REGISTRATION

South Africa’s Ship Registration Act, No. 58 of 1998, came into effect in 1999, and its
provisions are administered by SAMSA under the Minister of Transport.

All ships of 25 gross tons and over must be registered but those under 25 gross tons can
be registered at the owner’s discretion. The ship must be registered in a South African
port and show the name of the port on the stern. The ship’s name must be shown on
each bow and above the name of the port on the stern.

The South African Register of Shipping is kept in SAMSA’s Pretoria office by the Centre
of Ships. The Act requires that ships be registered within a month of being acquired. The
name of the ship must be approved before registration can proceed.

In order to be able to register a ship there are certain criteria which must be met by the
owner. The majority of the owners must be persons resident in the Republic, or
corporate bodies having their principal place of business in the Republic, and the ship
must be principally controlled from a place in the Republic with regard to her
management and use.

Certificate of Registry

The certificate is completed with particulars of the ship, owners and masters and
includes the following:

1. Name of the ship and her official number.

2. Port of registry.

3. Gross and nett tonnages.

4. Principal dimensions and identifying details with regard to her construction.

 67

5. Origin of the ship.

6. Name, address and occupation of the owner, and if there is more than one owner
then all of their details plus the number of shares held by each one.

7. Name of the original master and of each successive master.

A ship’s Certificate of Registry may be thought of as her passport because it has to be

produced when she clears inwards and outwards at all ports. This is for extraction of
such information as gross tonnage, principal dimensions, name of master and name of
owner. Gross tonnage is usually used for calculation of port and light dues.
The Certificate of Registry provides the following important information:

1. It provides evidence of title of ownership, but is not a document of title.

2. It indicates who the current owners are.

3. It shows her port of registry and that the ship is entitled to any privileges of her
nationality. It will also therefore indicate under which law the ship operates and to
which authority taxes or duties should be payable.

4. It shows that the master was lawfully appointed and when his appointment took
place.

If a ship’s Certificate of Registry is lost the nearest Proper Officer should be informed in
writing, giving as much detail as possible of the circumstances of the loss. As much as
possible of the information contained in the certificate should also be given.

FLAGS OF CONVENIENCE

The world fleet of merchant ships comprises more than 80 000 ships of 100 gross tons
or more, and the largest fleets (by total tonnage) are registered in Panama, Liberia,
Greece, Cyprus, Bahamas, Norway, Japan, Malta, China and Singapore.

The two largest registers of ships in the world are Panama and Liberia, together totalling
about 25% of the world’s shipping and these countries’ registers are known as “Flags of
Convenience” (FOC) or “open registers”. The world’s largest register is the Liberian
Registry with over 2 800 ships and more than 115 million deadweight tons.

The term “open register” means that:

- these registers are open to non-nationals;

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- they permit the beneficial owners to reside and operate their ships out of the
country;

- they permit the company’s banking/profits to be kept out of the country;

- they have no restrictions on the nationalities of crews nor do they specify wage
scales; and

- they demand a minimum in fees and taxation.

The usual presence of a shipowner in an FOC country is limited to a brass plaque with
the company name on the wall of their representative lawyer’s office.

These FOC terms are contrary to most countries’ national registers which require a
significant number of the crew members to be nationals, employed at wage scales
agreed with labour bargaining councils. They also require owners to have their place of
business in the country, including their banking and accounting operations, and a
significant proportion of the owners should be nationals of the country, or have
permanent residence.

Although the International Transport Workers Federation (ITF) promote the belief that all
FOC-registered vessels are sub-standard, this is not the case. Many well run shipping
companies use FOC registers as a means of remaining competitive in an increasingly
tough shipping market.

These shipping companies have ships that are modern, well maintained, fitted with the
latest safety features, and crewed by competent seafarers. Examples are the modern
and fuel efficient oil and gas tankers of the Teekay Shipping fleet.

These ships hardly fit the model of ageing, run-down, rust buckets crewed by poorly paid
men with very little personal protective wear and the bare minimum of lifesaving
appliances. This type of ship usually ends up under arrest in a port because the owner is
in financial difficulties or the ship fails a Port State inspection. It is usual for the crew not
to have been paid for many months.

Sub-standard ships may be defined as those that do not meet the requirements of
international maritime conventions.
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THE INTERNATIONAL TRANSPORT WORKERS’ FEDERATION

The ITF is a federation of 594 transport trade unions in 136 countries and claims to
represent about 5 million workers. It is one of 10 Global Union Federations allied to the
International Confederation of Free Trade Unions (ICFTU).

The ITF organizes workers in ships, ports, railways, road freight, passenger transport,
inland waterways, fisheries, tourism and aviation. The federation has representation on
many international bodies such as the International Labour Organisation, the
International Maritime Organisation and the International Civil Aviation Organisation.
It also takes up the interests of transport workers with the Organisation of European
Community Development, the International Monetary Fund, the World Bank and the
World Trade Organisation.

The federation was founded in 1886 in London by European seafarer and dockworker
unions who realized that they would have greater power if they organized themselves
against strike breakers anywhere in Europe.

The ITF claims to represent transport workers at world level by promoting their interests
through global campaigning and solidarity. It is dedicated to the advancement of
independent and democratic trade unionism, and to the defence of fundamental human
and trade union rights.

The ITF supports its affiliates in taking solidarity action with each other. When transport
unions in one country are in conflict with employer groups or governments the ITF
provides international support by mobilizing support in other countries.

These countries are usually western in nature and culture because it is still essentially a
western run organization with very little representation or campaigning in third world
countries. There is an ITF inspector based in Durban.

The ITF runs campaigns to highlight issues of particular concern to transport workers
and these have included actions by rail workers on safety, aviation workers against air
rage, road transport workers against excessive working hours and dock workers fighting
 70

union busting in Australian ports. Their longest running and possibly most famous
campaign is against Flag of Convenience shipping.

Many shipping companies have come to agreements with the ITF on wages and
conditions for their crews. After such an agreement has been concluded the ITF awards
the company with a “blue certificate” which guarantees that its ships will not be targeted
by the anti-FOC campaign. The ships may still be subject to visits by ITF inspectors to
ensure that living and working conditions meet international convention standards.

THE INTERNATIONAL LABOUR ORGANISATION (ILO)

The ILO is a UN specialised agency which seeks the promotion of social justice and
internationally recognised human and labour rights. It was founded in 1919 and became
a specialised agency of the UN in 1946.

The ILO formulates international labour standards in the form of Conventions and
Recommendations setting minimum standards of basic labour rights.

These standards are:

- freedom of association;
- the right to organise;
- collective bargaining;
- abolition of forced labour;
- equal opportunity and treatment; and
- other standards relating to the entire spectrum of work issues.

The ILO provides technical assistance primarily in the fields of:

- vocational training and vocational rehabilitation;
- employment policy;
- labour administration;
- labour law and industrial relations;
- working conditions;
- management development;
- co-operatives;
- social security;
- labour statistics; and
- occupational health and safety.
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The organisation promotes the development of independent employers’ and workers’

organisations, and it provides training and advisory services to these organisations. The
ILO has a unique tripartite structure with workers and employers participating as equal
partners with government representatives in the work of the various structures of this
organisation.
There are more than 1.2 million seafarers either serving aboard the world’s merchant
fleet or are waiting to do so. Approximately two thirds of these are from the Asian region
mirroring a trend that has been in place for many years, where seafarers are hired from
developing countries.

Major maritime labour supplying countries include the Philippines, China and East
European countries. Most seafarers work on ships which are not registered in their own
countries.

Because of the unique character of seafaring most maritime countries have special laws
and regulations for this occupation. The ILO, since its founding, has also put in place
special committees for maritime matters.

One important committee is the Joint Maritime Commission (JMC) which advises the
Governing Body on maritime issues, and provides input to the special Maritime Sessions
of the International Labour Conference (ILC) which focus on preparation and adoption of
maritime labour standards. The JMC is composed of representatives of shipowners and
seafarer organisations

Since 1920 the ILC has adopted over 60 maritime labour standards. An important
maritime labour instrument produced is the Maritime Labour Convention of 2006 (MLC
2006) which replaces many of the earlier conventions for conditions of employment of
seafarers.

MLC 2006 has five Titles which cover the relevant seafarer issues.

Title 1. Minimum requirements for seafarers to work on board a ship. This title includes
minimum age, medical certification, training, qualifications, recruitment and placement.

Title 2. Conditions of Employment. This title covers Seafarer Employment Contracts,

wages, hours of work and rest, leave, manning and repatriation.

Title 3. Accommodation, Recreational Facilities, Food and Catering. This title covers
standards of accommodation, facilities such as libraries and gyms, and minimum feeding
standards.

Title 4. Health Protection, Medical Care, Welfare and Social Security Protection. This
title includes medical care on board and ashore, health and safety, accident prevention,
shipowner’s liability and social security.
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Title 5. Compliance and Enforcement. This title covers the general principles of
compliance, enforcement by flag and port states, and a grievance procedure.

The International Labour Office in Geneva handles the day to day activities of the
Organisation and maintains links with other UN agencies with interests in the maritime
field such as the IMO in London and the World Health Organisation (WHO) in Geneva.

CHAPTER 11: MARITIME OCCUPATIONAL SAFETY

Occupational safety in South Africa is divided into land-based and maritime legislation
and they fall under two different government ministries.

Land based premises, machinery and personnel fall under the Occupational Health and
Safety Act, 1993 (OHASA) which comes under the Occupational Safety Directorate of
the Department of Labour.

Ships, boats, floating cranes etc. in a harbour or in the territorial waters and the
personnel aboard, fall under the Merchant Shipping Act, 1951 which is administered by
the Department of Transport. In fact, the Maritime Occupational Safety Regulations of
1994 are part of the MSA and are administered by SAMSA.

These Regulations make a direct reference to, and include the provisions of, the Code of
Safe Working Practice for Merchant Seamen (COSWOP), the British HMSO publication.

MARITIME OCCUPATIONAL SAFETY REGULATIONS

In Chapter l the duties of employers in providing a safe working environment are listed.
There is also an obligation on all seafarers to have a duty of care when working. This
means that they should report any defects to machinery or equipment before starting
work or whenever they are observed. In this way defects can be rectified or repaired to
minimize the possibility of injuries due to defective tools or equipment.

Information is given on the minimum content of a medical first aid kit to be supplied.
There is also an obligation to report all accidents and serious injuries on board vessels.

Chapter ll contains provisions for the appointment and functions of safety officers and
safety committees. There are also provisions for the safe use of equipment and fittings
on board.
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Chapter lll applies to stevedores and shore contractors on board and Chapter lV applies
to fishing vessels. Chapter V is titled “Miscellaneous Provisions” and contains a list of
offences and penalties under these regulations.

The MOS Regulations specify responsibilities of an employer and his employees. An

employer must:

- have a copy of the regulations on display in the workplace;

- ensure that employees are familiar with the regulations;

- ensure that employees follow the requirements of the regulations;

- enforce discipline on board in the interests of safety;

- ensure that work is supervised by a person who is fully aware of any hazards and
the precautions to take;

- ensure that all safety measures of COSWOP are complied with;

- ensure that all employees know the hazards of the workplace and precautions to
take to prevent accidents;

- ensure that any machinery brought on board by contractors complies with

OHASA; and

- ensure that all operators of machinery or equipment are competent.

In addition the employer is to supply employees with adequate safety equipment and
facilities including personal protective equipment (PPE) and safety signs.

Employees have responsibilities for their own safety and other crew members who may
be affected by their actions. Every employee should:

- co-operate with the employer in complying with safety regulations;

- obey lawful orders and safety rules;

- report all unsafe conditions in the workplace to the safety officer;

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- report any accident which has caused an injury as soon as possible; and

- not abuse any safety device or sign.

The regulations require the shipowner to appoint a safety officer in writing for each
vessel and his term of office should end when he leaves that vessel. The safety officer
must ensure that all crew members comply with COSWOP and company safety rules,
and maintain a high standard of occupational safety.

He has to investigate the cause of any accident and any hazards or potential hazards on
board, and present his findings to the safety committee. At least once during his tour of
duty (or once every three months) he must inspect each accessible part of the vessel.

He is also required to keep a detailed record book with reports of all inspections and
investigations, and include any complaints received from the crew. The safety officer has
been given the responsibility to stop any operation which he thinks is unsafe, after which
he must report the matter to the master.

The safety committee on board must have the master as chairman and the other
members are the safety officer and representatives from the crew. Reports of meetings,
which will include the safety officer’s investigations and inspection reports, are sent to
the company’s Designated Person as per the International Safety Management Code.

THE CODE OF SAFE WORKING PRACTICES FOR MERCHANT SEAMEN

(COSWOP).

A copy of COSWOP is required to be carried on board every South African registered

vessel, for the use and reference of the safety officer, the safety committee and the
crew. The Code has a useful checklist for the safety officer’s inspection.

The Code is set out in sections where Section 1 is concerned with safety management.
This section covers: risk assessment; the duties of employers and safety officers;
personal protective equipment; safety signs and symbols; safe access to working spaces
and safe use of equipment.

Section 2 covers personal health and safety and includes: safety induction for new
employees; precautions against fires; emergency procedures; on board security;
housekeeping; safe movement procedures; and food handling.

Section 3 covers working practices and includes: the permit to work system; entering
enclosed spaces; vessel boarding arrangements; manual lifting techniques; use of tools
and lifting appliances; maintenance; hot work; painting; anchoring and mooring
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operations; safe operation of hatch covers; advice on hazardous substances; and the
use of safety signs.

Section 4 covers safe working practices and precautions on specialist ships including:
dry cargo ships; tankers; offshore supply and service vessels; ro-ro ferries; and harbour
tugs.

MARITIME SECURITY

The International Security for Ships and Port Facilities Code (ISPS Code) is part of
Chapter Xl-2 of SOLAS. The Code is divided into two parts where Part A contains
mandatory requirements and Part B contains guidelines, and an Annex contains
amendments to Chapters V and Xl of SOLAS.

The ISPS Code applies to ships on international voyages and the port facilities that
serve ships on international voyages. The provisions of the Code are limited to the
ship/port interface because IMO’s focus is ship operations. The Code deals with the
measures that ships and ports should take to prevent or lessen the impact of robbery or
attack.

The Code requires that Ship Security Officers and Port Facility Security Officers co-
operate in maintaining the security of the ship, its cargo and crew, when alongside a
facility in a port.

The major objectives of the ISPS Code are:

a) to establish international co-operation between governments, ports and shipping

companies to detect threats and prevent security incidents affecting ships and
port facilities used in international trade;

b) to establish roles and responsibilities of governments, port authorities and the

maritime industry, at national and international level, for ensuring security;

c) to ensure early collection and passing on of security information to governments;

d) to have methods for assessing security so that stakeholders can react to

changes in security levels;

e) to ensure confidence in the maritime industry that security measures are in place.
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All ships have to develop a Ship Security Plan (SSP) which must be designed to protect
persons on board, cargo, ship’s stores and the ship itself from the risks of a security
incident. The SSP will include appointment of a Ship Security Officer (SSO) who is to be
responsible for security of the ship, maintaining the SSP, and communicating with the
Company Security Officer (CSO) and Port Facility Security Officer (PFSO).

The CSO is responsible for carrying out ship security assessments so that a plan can be
developed. The CSO has the following duties:

- obtain approval for the plan from the flag state;

- ensure that the plan is put into action on board by the SSO; and

- provide the SSO with information for crew security awareness and training.

The CSO will conduct audits and inspections on board and he will also communicate
with all PFSO’s on the shipping routes of the company ships to ensure co-operation and
effective communication between the PFSO and the SSO. It is usual for the CSO to also
have the role of Designated Person to comply with the ISM Code requirements.

Security Levels
The ISPS Code has three levels of security for port facilities and ships. The normal
operating level is Level 1 and it can only be raised by either the flag state or port state in
response to a threat.

Security Level 1 means maintaining minimum appropriate protective security measures.

Security Level 2 means applying additional appropriate protective security measures for
a period of time when there is a heightened risk of a security incident.

Security Level 3 means applying further specific protective security measures for a
limited time when a security incident is imminent. In this case it may not be possible to
identify which target will be affected.

Any ship entering a port where the level is higher than the ship must raise its security
level to that of the port. However, a port facility does not have to raise its level to that of
a ship entering the port but the ship can maintain its higher level while in port.

Responsibilities of Governments
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Security levels must be set by the Port State for its ports. This will be a result of its
intelligence services finding out that there is the possibility of a security incident
occurring.

Other responsibilities include: appointing Port Facility Security Officers; approving Port
Facility Security Plans; providing communication details; and maintaining security in port
areas and territorial waters.
When a Port State has approved a Port Facility Security Plan it will issue a “Statement of
Compliance of a Port Facility” certificate.

Declaration of Security
A Declaration of Security is an agreement between a port facility and a ship alongside,
or between two ships alongside each other (double-banked), to address the security to
be shared between the parties.

Shipping Company Responsibilities

The company must ensure that each ship has a statement which clearly describes the
master’s overriding authority and responsibility to make decisions which he thinks are
correct for the safety and security of the ship.

The company is required to provide the master with details of:

- who is responsible for appointing crew members;

- who decides on the employment of the ship; and

- if the ship is under charter, the charterer’s details.

Certification
When a ship is inspected and found to be compliant by the flag state or by a Recognised
Security Organisation (RSO) the ship will be issued with an International Ship Security
Certificate, valid for five years but subject to an intermediate survey between the second
and third years.
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CHAPTER 12: MARINE POLLUTION

IMO has recognised the need to preserve the marine environment from the serious
threat of pollution from oil, hazardous noxious substances, sewage, garbage and
pollution of the air. This recognition has been served in particular by the International
Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol
of 1978 (MARPOL 73/78). The latest version is contained in MARPOL Consolidated
Edition 2011.

The MARPOL Convention is the main international instrument covering prevention of

pollution of the marine environment by ships from operational or accidental causes. The
Convention includes regulations aimed at preventing and minimizing pollution from ships
– both accidental and from routine operations – and currently has six technical Annexes.

Annex l. Regulations for the Prevention of Pollution by Oil.

Annex ll. Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk.

Annex lll. Prevention of Pollution by Harmful Substances Carried by Sea in Packaged

Form.

Annex lV. Prevention of Pollution by Sewage from Ships.

Annex V. Prevention of Pollution by Garbage from Ships.

Annex Vl. Prevention of Air Pollution from Ships.

Annex l
Under Annex l operational discharge of oil from the cargo spaces of tankers is allowed
only when all of the following criteria have been met:
- The tanker must be outside of any special areas;
- The tanker must be more than 50 nautical miles from the nearest land;
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- The tanker must be proceeding on its planned passage;

- The rate at which the oil may be discharged must not exceed 30 litres per
nautical mile;
- The total quantity discharged for all tankers built after 1979 must not exceed
1/30000 of the total quantity of the cargo of which the residue formed a part;
- The tanker must have in operation an oil discharge monitoring and control
system, as well as slop tank arrangements.

If the ship’s crew observe visible traces of oil near the ship or in its wake all discharge
operations must immediately cease. The ship should conduct an investigation to
determine whether there was an oil spill from the ship and take any action to clean up
the spill as well as report the incident to the Flag State, or the Port State if an accidental
spill has occurred within territorial waters. The Port State Authority and Flag State
Authority are required to investigate whether there have been any violations of the
MARPOL requirements.

Any oil residues which cannot be discharged into the sea in compliance with the
regulations must be retained on board for discharge to a shore reception facility.

Control of operational discharges of oil

Discharge of oil from machinery spaces of any ship of 400 gt and above is subject to
the following strict criteria for discharge into the sea or into special areas except for the
Antarctic sea area:

- The ship must be proceeding on passage;

- The oily mixture must pass through oil filtering and separating equipment;

- The oil content must not exceed 15ppm; and

- The oil must not be pumped from any cargo pump room or be mixed with any oil
cargo residues.

If any ballast water is carried in a fuel tank this water must be subject to the criteria
above or discharged to shore reception facilities.

An Oil Record Book has to be maintained to record the movement of cargo and
machinery space oil on board. This Record Book is divided into two parts for a tanker,
where Part 1 is for Machinery Space Operations and Part 2 is for Cargo Oil and Ballast
Operations.

Special areas included in Annex l are considered to be vulnerable to pollution by oil.

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These areas are:

Mediterranean Sea Black Sea
Baltic Sea Red Sea
Persian Gulf Gulf of Aden
Arabian Sea Antarctic Ocean to latitude 60S,
NW European Waters (incl. North Sea, Irish Sea, Celtic Sea, English Channel), and
Southern African coastal sea.
All oil tankers are required to have tanks to retain oily waste on board for discharge to
shore reception facilities.

After a successful survey a tanker of 150 gt and above, and every other ship of 400 gt
and above, will be issued with an International Oil Prevention (IOPP) Certificate. Each
ship must have a periodical survey every 5 years and annual surveys to ensure
compliance (with the second or third survey a stringent intermediate survey).

In addition to the requirements mentioned above the tanker should also have on board a
Shipboard Oil Pollution Emergency Plan (SOPEP).

This plan must include: reporting procedures when an oil pollution incident has occurred;
the list of authorities or persons to be contacted when an oil pollution incident has
occurred; detailed descriptions of the actions to be taken to reduce or control the flow of
oil; and the contact person on board for co-ordinating shipboard action with local or
national authorities in combating the pollution.

The SOPEP may be combined with a Shipboard Marine Pollution Emergency Plan
(SMPEP) for noxious liquid substances required under Annex 2.

Annex ll
Strict conditions must be met before residues from these cargoes may be discharged
and certain substances are prohibited from discharge into the sea. Substances are
categorized according to their hazardous nature.

X – Highly toxic to human health and marine resources and a major hazard.

Y – Moderately toxic to human health and marine resources and a significant hazard.

Z - Slightly toxic to human health and marine resources.

Other Substances – substances which present no recognisable hazard to human health

or marine resources and are therefore not subject to Annex ll requirements.
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Another regulation in the Annex covers liquid substances that fall outside the above
categories.

Category Y and Z tank washings and residues may be discharged under certain
conditions but Category X substances are prohibited from discharge into the sea.

No Category X, Y and Z substances are allowed to be discharged into the Annex ll

Special Area of the Antarctic Ocean (South of 60ºS).

To summarise, in order to meet the requirements for discharging a chemical effluent into
the sea, a chemical tanker must:

- be under way at 7 knots or more;

- be in a minimum water depth of 25 metres;

- be more than 12 nautical miles from land; and

- have an overboard discharge outlet below the waterline.

After a successful survey a chemical tanker will be awarded a Certificate of Fitness in
order to uplift hazardous chemical cargoes and an International Pollution Prevention
Certificate for the Carriage of Noxious Liquid Substances in Bulk.

All cargo transfer operations and tank washings are to be recorded in a Cargo Record
Book.

Annex lll
Regulations cover packaging, marking, labeling, documentation and stowage, and the
IMDG Code gives specific guidelines on these. Certain very hazardous substances may
have quantity limitations or be prohibited from carriage, and jettisoning of these
substances will only be allowed to save life or the ship.

Labelling of marine pollutants is required by the IMDG Code. Criteria for defining marine
pollutants are based on the UN Globally Harmonised System of Classification and
Labelling of Chemicals (GHS) and these are used by the UN Transport of Dangerous
Goods Subcommittee as well as the IMO’s Carriage of Dangerous Goods, Solid
Cargoes and Containers (DSC) Subcommittee.

Annex lV
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Sewage is defined as any form of waste from the drainage of toilets or urinals; wash
basins or scuppers in dispensaries; spaces containing live animals; and any other waste
waters mixed with any of the above.

This Annex is applicable to all existing ships of 200 gt and above and all ships of less
than 200 gt certified to carry 10 or more persons. The Annex entered into force in
September 2003. The 2005 amendments provide for all new vessels of 400 gt and
above, or which are certified to carry 15 or more persons.

After a successful survey a ship will be granted an International Sewage Pollution

Prevention Certificate, with periodical surveys every 5 years to ensure compliance.

Discharge of sewage is prohibited in ports and retention tanks are provided on board for
port calls. The holding tank is required to be of adequate size having due regard to the
operation of the ship and number of persons on board.

Discharge of sewage into the sea is prohibited unless it is controlled through an

approved system. The requirements to be met are as follows:

- comminuted and disinfected sewage may be pumped over the side at a distance
of more than 3 nautical miles from land;

- untreated sewage may be pumped overboard at a distance of not less than 12

nautical miles from land;

- sewage must be discharged from holding tanks at a moderate rate with the ship
on passage at a speed of not less than 4 knots; and

- on discharge the effluent must not produce any visible signs of floating solids or
discolouration of the surrounding water.

Discharge not in accordance with the above requirements may only be allowed to
preserve life or save the ship. If discharge results from damage to the vessel or its
equipment all reasonable steps must be taken to minimize or prevent further discharge.

In the 2006 amendments to MARPOL sewage from spaces containing live animals can
be discharged at a moderate rate into the sea under the same conditions as for
untreated sewage.

Annex V
The main objective of this Annex is to prohibit the disposal of non-biodegradable
materials such as plastic into the sea, and severely restrict the disposal of other
garbage, particularly in special areas where dumping of garbage is prohibited.
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Under the revised amendments to Annex V which entered into force in January 2013 all
garbage is prohibited from disposal into the sea except when treated or in emergency
situations.

This Annex prohibits disposal into the sea of plastics, synthetic ropes, fishing nets and
incinerator ash from plastic products or those containing toxic or heavy metal residue (eg
mercury). This garbage must be contained on board for proper disposal in port. All other
garbage such as paper, rags, glass, cans and similar material must be disposed of
ashore.

Foodstuff may be discharged into the sea provided that it is dumped at a distance of not
less than 3 nautical miles from land, and carcasses must be dumped as far from land as
possible.

To comply with a company’s Environmental Protection Policy a ship should have a

Garbage Management Plan and this will include the appointment of one of the officers
as a Garbage Management Officer. This person will be responsible for keeping a
Garbage Record Book to note all disposal on board and ashore.

Entries in the Garbage Record Book should note the date of incineration, or accidental
release of garbage into the sea, and date of discharge to a shore reception facility. Any
garbage discharged ashore should have a receipt from the operator of the shore
reception facility. The receipt should show the estimated amount in cubic metres and
must be kept with the Garbage Record Book for two years.

Garbage treatment equipment on board includes grinders, comminuters, compacters

and incinerators. It should be noted that products such as polychlorinated biphenyls are
prohibited from incineration.

Annex Vl
This Annex sets limits on sulphur oxide and nitrogen oxide emissions from ship
exhausts, and prohibits deliberate emissions of ozone depleting substances. The
requirements of this Annex are aligned to those of the UN Framework Convention on
Climate Change held in December 1997 in Kyoto, Japan, where a timetable and specific
goals for tackling atmospheric pollution and global warming were set.

Under this Annex the sulphur content of fuel oil will be limited and the world-wide
average sulphur content of fuel will be monitored. Ships must fit an exhaust gas cleaning
system or other technological method to limit sulphur emissions. Emissions of nitrogen
oxides from diesel engines must be below set limits.
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The North West European and United States coastal waters are SECAs (Suplhur
Emission Control Areas) where ships must comply by using low sulphur fuel oil. More
SECAs will be declared in the future.

New installations containing ozone-depleting substances such as halons and

chlorofluorocarbons (CFC’s) are prohibited. New installations containing hydro-
chlorofluorocarbons (HCFC’s) are permitted until 2020. Packaging materials
contaminated with toxic substances and polychlorinated biphenyls (PCB’s) are
prohibited from incineration on board.

In the Appendices are: approval and operating limits for shipboard incinerators; test
cycles and weighting factors for verification of compliance of marine diesel engines with
nitrogen oxide limits; and details of surveys and inspections to be carried out.

A ship that complies with the requirements will be issued with an International Air
Pollution Prevention Certificate.

PARTICULARLY SENSITIVE SEA AREAS (PSSA’s)

A PSSA is an area that needs special protection through action by the IMO because it
has important ecological, socio-economic or scientific attributes, and these may be
vulnerable to damage by international shipping. The protective measures which are
approved by IMO are aimed at preventing, reducing or eliminating threats.

These measures could include a routeing system, strict application of MARPOL

discharge and equipment requirements, and installation of a vessel tracking system
(VTS) so that ships near the PSSA can be monitored.

PSSA’s which have been designated by IMO include: the Great Barrier Reef of
Australia, the sea around the Florida Keys of USA, Western European Waters, the
Galapagos Archipelago of Ecuador and the Baltic Sea.

OTHER IMO CONVENTIONS REGARDING POLLUTION

International Convention Relating to Intervention on the High Seas in Cases of Oil

Pollution Casualties, 1969, (INTERVENTION 69).
This Convention affirms the right of a coastal state to take such measures on the high
seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or
related interests (fishing grounds) from pollution or the threat of pollution by oil, after a
marine casualty. A Protocol in 1973 extended the Convention to cover other pollutants
besides oil.
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Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other

Matter, 1972 (DUMPING OF WASTES 72)
This Convention prohibits the dumping of waste unless plans for such dumping have
been approved and a licence granted by local government authorities. The dumping of
waste does not include ordinary garbage generated on ships which is the subject of
Annex V of MARPOL.

International Convention on Oil Pollution Preparedness, Response and Co-operation,

1990 (OPRC)
Each Flag State is required to ensure that all ships under its control have on board a
Shipboard Oil Pollution Emergency Plan (SOPEP) which must be open for inspection by
Port State control officers. Offshore exploration and production installations, sea ports
and oil handling facilities must also have approved oil pollution emergency plans. There
should be a national plan for co-ordinating any necessary response to a pollution
incident.
Masters of ships are required to report without delay any event on board involving a
discharge, or probable discharge of oil, to the nearest coastal State. They are also
required to report any observed discharge or presence of oil.

International Convention on Liability and Compensation for Damage in Connection with

the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS)

The HNS Convention defines hazardous and noxious substances by reference to lists of
substances in other Conventions and Codes. It covers compensation not only for
pollution damage but also for risks of fire and explosion, loss of life, personal injury and
damage to property. The Convention includes cargo residues left by the previous
carriage of HNS, other than those carried in packaged form.

As with the oil pollution liability and compensation fund Conventions there is a strict
liability for the shipowner and a system of compulsory insurance with insurance
certificates. A second tier of funding, the HNS Fund financed by cargo interests,
supplements the shipowner’s liability.
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SOUTH AFRICAN POLLUTION LEGISLATION

Dumping at Sea Control Act, 1980

Prevention and Combating of Pollution of the Sea by Oil Act, 1981

This Act has severe penalties for failing to produce an insurance certificate or for
discharging oil into the sea less than 50 n miles from the coast. The only defence open
to the master would be one of the following:

- to save a life, or

- to save the ship, or

- as a result of damage sustained and he must show that all reasonable steps
were taken to stop or reduce the flow, or

- as a result of circumstances beyond the control of the ship and all reasonable
steps were taken to stop or reduce the flow.

The Marine Pollution (Control and Civil Liability) Act, 1981.

This Act defines the offences and penalties for contravention of the Republic’s anti-
pollution legislation, where fines of R200 000 or imprisonment for five years is specified
for serious cases of pollution.

The International Convention for the Prevention of Pollution from Ships Act, 1986

The International Convention Relating to Intervention on the High Seas in Cases of Oil
Pollution Casualties Act, 1987

The Maritime Traffic Act, 1981

Maritime Zones Act, 1994

 87

This Act defines the sea areas under the Republic’s control, measured from a baseline
which is the low water mark. All waters landward of this baseline, and all harbours, are
considered Internal Waters where the right of innocent passage does not exist.

Areas to seaward of the baseline are divided into the following sectors: Territorial
Waters; Contiguous Zone; Maritime Cultural Zone; Exclusive Economic Zone; and
Continental Shelf. These demarcations also apply to the Prince Edward Islands.

Territorial Waters extend 12 nautical miles seaward of the baselines and all South
Africa’s laws and regulations are in force within this sea area.
The sea beyond the Territorial Waters to a distance of 24 nautical miles from the
baselines is the Contiguous Zone of the Republic, where fiscal laws, customs
regulations, emigration, immigration and sanitary laws are in force.

The Maritime Cultural Zone covers the same sea area as the Contiguous Zone, but
within this area laws regarding objects of an archaeological or historic nature are the
same as those within Territorial Waters.

The sea area beyond the Territorial Waters but within 200 nautical miles of the baselines
is known as the Exclusive Economic Zone (EEZ). All natural resources within this zone
are subject to the same laws as for the Territorial Waters.

The Continental Shelf extends further than the EEZ, in places up to 400 nautical miles
from the baselines, and within this zone South Africa claims exploration and exploitation
rights for natural resources, including precious stones, metals, minerals and natural oil.
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CHAPTER 13: HUMAN RESOURCE MANAGEMENT

AGREEMENT WITH THE CREW

The master of every South African registered ship of more than 100 gross tons is
required to enter into a legally binding contract with each member of the crew. This
contract is in the form AGREEMENT WITH THE CREW AND LIST OF CREW
COMBINED, referred to as the “Agreement” or more commonly as the “Articles”.

The master is the shipowner’s representative and enters the Agreement on the owner’s
behalf.

The master must sign the Agreement before anyone else and fill in the following:

- particulars of the ship,

- name and address of owner,

- number of persons the vessel can accommodate,

- description of voyage,

- Load Line particulars,

- working hours of crew,

- capacity of each seaman,

- wages (usually left blank as seamen are usually paid into their bank accounts)

- scale of provisions (daily victualling rate),

- discipline requirements, and

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- approved additional clauses (must be approved by the Proper Officer).

Separate Agreements may be made for each voyage but it is usual practice for ships to
use Running Agreements which are for periods of one year. If the Agreement period is
set to expire while the ship is at sea or in a foreign port then it may be extended for 3
months or even longer, provided each crew member agrees in writing.

A copy of the Articles must be displayed where any of the crew may read them.

The master must ensure that each seaman has a valid medical fitness certificate before
he signs the Agreement. The master must read and explain the terms of the Agreement
to each seaman, in the presence of a witness, to ensure he understands before he
signs. This procedure is known as “signing on Articles”.

The seaman should hand over to the master all documents relating to competency and
identification necessary for completing the crew list. These documents include:
Seaman’s Record Book, Certificate of Competency, Passport, Medical Fitness
certificate, Vaccination certificate, ancillary course certificates.

The master may not discharge a seaman without his consent before the expiry of the
Agreement, and nor may he leave a seaman behind except in circumstances beyond his
control. These circumstances include the case of any seafarer who:

- failed to join or refused to join the ship; or

- had been absent from the ship without leave for a period of more than 48 hours.

In circumstances where the seafarer is left behind through circumstances beyond his
control, or is discharged (signed off) to proceed on leave, the shipowner is required to
meet all costs in repatriating the seafarer.

Offences
The offences and their penalties in the MSA are subject to revision by SAMSA’s Centre
for Policy and Regulatory Affairs.

Discipline
Shipping companies have Disciplinary Codes which are used to enforce discipline and
compliance on board. The code will specify the procedures to be followed on board by
the Master when a Disciplinary enquiry is to be conducted after a crew member has
committed a specified offence.

The Master is allowed to issue verbal and written warnings and may sign the seafarer off
the ship. When a crew member receives a final warning this will result in his dismissal
from the vessel but it will be up to the company to terminate the seafarer’s employment.
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Seamen are under a duty of care with regard to the ship and cargo and may be civilly
liable for any damage caused by a breach of that duty.

COMPANY POLICIES

Policies are essential in a company to give direction and guidance to all employees, and
they have a number of positive factors.

- They can introduce change when old established procedures are found to be
incorrect.

- They can make management’s position clear with respect to procedures to be

followed in remote locations, ie. when employees are on board.

- They can produce consistent behaviour in management that can be understood

by all employees.

- Policies also reduce dependence on individuals to make decisions which may not
be in line with company objectives or statutory requirements.

The maintenance of discipline should be regulated with a Disciplinary Code which must
be strictly followed to reinforce the message that indiscipline is counter productive.

A Grievance Procedure should also be available to allow employees to express their

dissatisfaction in an orderly and controlled manner, with checks in place to prevent
waylaying of the process.

Pollution prevention and environment protection requires a formal policy, and company
recruitment should have a policy aimed at employing persons who meet certain criteria.

A health and safety policy is crucial in any company. Risks need to be properly assessed
by following policy guidelines in order to put necessary precautions in place.

Anyone under the influence of alcohol or drugs is a danger to both himself and his
workmates. Most ship operators and charterers have a Drug and Alcohol Policy with
strict rules regarding consumption of alcohol and possession or use of drugs.
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The OOW must be alert to anyone breaching the rules and anyone under the influence
of alcohol or drugs must never be allowed to operate machinery. The use of drugs is
illegal world wide and may attract the death penalty in ports such as Singapore. All
seafarers taking prescription medication should declare this on joining a vessel and
provide the Master with evidence.

Financial management, information management and administration within the company

or on board require policies and procedures.

At this point it is necessary to distinguish between policies and procedures. A policy is a

general statement of intention about how things should be done. A procedure
establishes a method for an activity and is the link between policy and practice.

Master’s or Chief Engineer’s standing orders are variations which may contain both
policies and procedures required by shipboard management to comply with legislation
and enable smooth operations.

SAFETY FAMILIARISATION

Under STCW requirements all ships must have in place a safety familiarisation
procedure for all new personnel. The wording in Section A-Vl/l is as follows:

“Before being assigned to shipboard duties all persons employed or engaged on a

seagoing ship, other than passengers, shall receive approved familiarisation training in
personal survival techniques or receive sufficient information or instruction to be able to:

a) communicate with other persons on board on elementary safety matters and

understand information symbols, signs and alarms;

b) know what to do if: a person falls overboard; or fire or smoke is detected; or the
fire or abandon ship alarm is sounded;
c) identify assembly and embarkation stations and emergency escape routes;

d) locate and don lifejackets;

e) raise the alarm in the event of a fire or other emergency and have a basic
knowledge of the use and types of portable fire extinguishers;

f) take immediate action upon encountering an accident or other medical

emergency, before seeking further medical assistance on board; and

g) close or open the fire, weathertight and watertight doors fitted in the particular
ship, other than those for hull openings.”
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PROCEDURES
The engineer on watch has a duty to prevent accidents and pollution of the marine
environment. The competence and vigilance of the Officer of the Watch (OOW) provides
the most direct means of avoiding accidents.

The OOW is the Chief Engineer’s representative and his primary responsibility at all
times is the safe and efficient operation of engine room machinery during his watch.
Under no circumstances is he to leave the engine room unattended (unless the ship is
certified for Unmanned Engine Room operations) and he is to ensure a proper handover
to his relief. Standing Orders should be read and signed as understood.

The ISM Code specifies that “the company should establish procedures for the
preparation of plans and instructions for key shipboard operations. The various tasks
involved should be defined and assigned to qualified personnel.”

There should be procedures for general organisation in port; preparing for sea;
departure procedures; preparing for arrival; and arrival procedures.

Although most companies issue instructions and procedures, it is usual for Chief
Engineer to issue Standing Orders to clarify the standards of performance he expects
from watchkeepers. Although the OOW is expected to use his initiative to tackle
problems his actions must always comply with these Standing Orders, and if the OOW is
in doubt he should not hesitate to call the Chief Engineer.

MANAGERIAL FUNCTIONS & MANAGERIAL SKILLS

Managerial functions refer to the different roles and responsibilities of managers, who
need certain skills to execute these functions.

Functions
The basic managerial functions are controlling, directing, organizing, planning and
staffing.
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- The controlling function involves setting strategic and operational goals,

measuring the performance of subordinates against these goals, and taking
corrective action when performance does not live up to expectations.
- In the directing role, managers communicate operational goals, motivate
employees to achieve these goals, and provide regular feedback.
- The organizing function includes preparing schedules and budgets, delegating
authority, and coordinating activities.
- The planning function relates to strategic activities, such as formulating long-term
plans for layup or drydock.
- The staffing function refers to human resource functions, such training new staff.

Skills
Managers need technical, resource allocation, communication, political and intellectual
skills. Managers also need multitasking skills to manage multiple projects in large
businesses or to juggle multiple roles in small businesses.

Small-business owners also need entrepreneurial skills, which involve dealing with
constant change, managing with limited financial resources, and imagining new ways of
looking at problems.

Managers require networking skills because establishing relationships with suppliers,

charterers, shippers, senior company officials and board members is important for
sustaining and growing the business.

Successful managers need emotional intelligence, which involves the ability to

empathize with others and understand your own strengths and weaknesses. Managing a
business with a diverse employee workforce requires an appreciation of different cultural
norms.

ROLES OF MANAGERS

Interpersonal Role:
Interpersonal roles of a manager are concerned with interacting with people both inside
the organization and outsiders. There are three types of interpersonal roles.

- Figure Head: In a figure head role manager performs activities which are
ceremonial and symbolic. These include greeting visitors and attending social
functions.
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- Leader:  This role involves leading his subordinates and motivating them to make
willing contributions. A manager is responsible for work activities of his
subordinates. He has to set an example of hard work and dedication so that
subordinates follow his directions with respect.
- Liaison Role: In this role a manager serves as a connecting link between his
company and outsiders or between his unit and other organizational units.

Informational Role:
This role involves receiving or collecting of information and distributing the information as
required. There are three sub-types:

- Monitor: In a monitoring role the manager collects information which could affect
the organisation by reading magazines and periodicals and reports; and by
talking with outsiders to learn about any changes in the industry.

- Disseminator: In this role a manger distributes information to his subordinates

and superiors by sending circulars, holding meetings and making phone calls.

- Spokesperson: In this role the manager represents his organisation or unit when
interacting with outsiders. These may be customers, financers, government
representatives or other agencies. The manager will perform this role by
attending meetings.

Decisional Role:
In this important role the manager has to take decisions daily and performs four
functions:

- Entrepreneur: As an entrepreneur the manager must take into account certain

risks which can affect the organisation. He has to take decisions on expansion or
diversification, initiation of new projects, redesign of procedures etc.

- As a Conflict Handler: The manager has to take care of resolving employee

disputes.

- Resource Allocator:  A manager must consider human, physical and financial

resources and utilise these in such a way that no department suffers from
inadequate stores or spares.
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- Negotiator: A manager has to negotiate the best outcome regarding material

prices with suppliers, and deal with trade unions regarding labour conditions.   

WORKFORCE DIVERSITY

This term means similarities and differences among employees in terms of age, cultural
background, physical abilities and disabilities, race, religion, sex, and sexual orientation.
(Definition from Business Dictionary) (Source: Rob McInnes, Diversity World)

As we enter the 21st century, workforce diversity has become an essential business
concern. In the so-called information age the greatest assets of most companies are
now on two feet. Undeniably, there is a talent war raging. No company can afford to
unnecessarily restrict its ability to attract and retain the very best employees available.

The following information must take into account that, although shipping companies
require physically fit and able persons on ships, they also require other personnel in their
shore-based operations. There are also many service companies for shipping where
differently abled people may be employed.

Generally speaking, the term “Workforce Diversity” refers to policies and practices that
seek to include people within a workforce who are considered to be, in some way,
different from those in the industry. In this context, here is a quick overview of
predominant factors that motivate companies, large and small, to diversify their
workforces:

As a Social Responsibility
Because many of the beneficiaries of good diversity practices are from groups of people
that are “disadvantaged” in our communities, there is certainly good reason to consider
workforce diversity as an exercise in good corporate responsibility. By diversifying our
workforces, we can give individuals the “break” they need to earn a living and achieve
their dreams.

As an Economic Payback
Many groups of people who have been excluded from workplaces are consequently
reliant on tax-supported social service programs. Diversifying the workforce, particularly
through initiatives like welfare-to-work, can effectively turn tax users into tax payers.
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As a Resource Imperative
There are changing demographics in the workforce and today’s labour pool is
dramatically different from the past. Talent is now overwhelmingly represented by people
from a vast array of backgrounds and life experiences. Competitive companies cannot
allow discriminatory preferences and practices to impede them from attracting the best
available talent.

As a Legal Requirement
Many companies are under legislative mandates to be non-discriminatory in their
employment practices. Non-compliance with the Employment Equity Act or Affirmative
Action legislation can result in fines and/or loss of contracts with government agencies.
In the context of such legislation it makes good business sense to utilise a diverse
workforce.

As a Marketing Strategy
Buying power, particularly in today’s global economy, is represented by people from all
walks of life (ethnicities, races, ages, abilities, genders, sexual orientations, etc.) To
ensure that their products and services are designed to appeal to this diverse customer
base, “smart” companies, are hiring people, from those walks of life - for their specialised
insights and knowledge. Similarly, companies who interact directly with the public are
finding it increasingly important to have the makeup of their workforce reflect the makeup
of their customer base.

As a Business Communications Strategy

All companies are seeing a growing diversity in the workforces around them - their
vendors, partners and customers. Companies that choose to retain homogenous
workforces will likely find themselves increasingly ineffective in their external interactions
and communications.

As a Capacity-building Strategy
Tumultuous change is the norm in the business climate of the 21st century. Companies
that prosper have the capacity to effectively solve problems, rapidly adapt to new
situations, readily identify new opportunities and quickly capitalise on them. This
capacity can be measured by the range of talent, experience, knowledge, insight, and
imagination available in their workforces. In recruiting employees, successful companies
recognize conformity to the status quo as a distinct disadvantage.

In addition to their job-specific abilities, employees are increasingly valued for the unique
qualities and perspectives that they can also bring to the table. According to Dr.
Santiago Rodriguez, Director of Diversity for Microsoft, true diversity is exemplified by
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companies that “hire people who are different – knowing and valuing that they will
change the way you do business.”

For whichever of these reasons that motivates them, it is clear that companies that
diversify their workforces will have a distinct competitive advantage over those that don’t.
Further, it is clear that the greatest benefits of workforce diversity will be experienced,
not by the companies that that have learned to employ people in spite of their
differences, but by the companies that have learned to employ people because of them.

THE MAJOR CHALLENGES SHAPING THE 21ST CENTURY WORKFORCE

GLOBALISATION
Globalisation is the process by which the world is becoming increasingly interconnected
as a result of massively increased trade and cultural exchange. Globalisation has
increased the production of goods and services. The biggest companies are no longer
national firms but multinational corporations with subsidiaries in many countries.
Globalisation has been taking place for hundreds of years, but has speeded up
enormously over the last half-century.
Globalisation has resulted in:
 increased international trade
 a company operating in more than one country
 greater dependence on the global economy
 freer movement of capital, goods, and services

Technology
Technology is the making, modification, usage, and knowledge of tools, machines,
techniques, crafts, systems, and methods of organisation, in order to solve a problem,
improve a pre-existing solution to a problem, achieve a goal, or perform a specific
function. It can also refer to the collection of such tools, including machinery,
modifications, arrangements and procedures.

Technologies significantly affect a person’s ability to control and adapt to various

environments. The term can either be applied generally or to specific areas: examples
include construction technology, medical technology, and information technology.

Technology makes it possible to work from virtual offices and communicate with
businesses and individuals across the globe.
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GLOBAL COMPETITION

There are now competing organisations that serve international customers. Access to
global customers has increased through enhanced communications, improved shipping
and trade routes, reduction of barriers, and centralised finance authorities.

Customer Expectations
Rising customer expectations are not limited to professional services. There are a
number of factors shaping today’s consumers: As new technologies and channels for
communication become established (e.g., the Internet), distance is eliminated or
minimized, and information is often available immediately. Today’s consumers are the
beneficiaries (and sometimes victims) of the information explosion.
The volume of information available is greater than ever, as is the speed with which it is
gathered. We talk of running on “Internet time”. Consumers expect these standards to be
met in all their transactions. In some cases, information availability has outstripped
prudent and appropriate use, such as when consumers seek professional services
online and assume the services are offered by licensed and competent professionals.

Consumers are also becoming increasingly diverse – and potentially “digitally divided”
(those with access to technology and those without). Many of today’s customers are
more likely to question their service providers and to take active roles in determining
what they need, while previous generations were more likely to defer to the judgement of
the provider.

Social and demographic factors are also redefining customer needs and desires.
Customers are pressed for time, and they routinely expect government to deliver the
customer service “gold standard” they experience in the private sector. With new
information technologies, some consumer concerns about privacy have intensified.

Some of the most common and basic expectations customers have for most businesses
include:

• Fast, efficient and accurate service

• High quality products at a competitive price
• Friendly, helpful service staff to provide information and answer questions
• Prompt responses to their inquiries, whether online, by phone or in person
• Sufficient stock to meet their needs without long waits
• A trained staff that can handle their questions without referring them on
• A clean facility or easy to navigate website

New Technologies Demand a Highly Skilled Workforce

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Job skill requirements have been shifting across all sectors as a result of new
technologies. Machines with microprocessors can now be programmed to do the sort of
routine activities that less-skilled workers used to do. At the same time, business
computer systems generate demand for highly skilled labour in the form of technical staff
who operate and repair the equipment, develop and install the software, and build and
monitor the networks.

In addition, computer systems often generate more data that may be profitably analysed,
thereby increasing the demand for the analytical, problem-solving, and communication
skills of workers, managers, and other professionals.

Increasingly, the term “knowledge worker” is applied to workers who go beyond just
providing information to now being responsible for generating and conveying knowledge
needed for decision making.

While the recent technological advances may favour either skilled or unskilled workers,
depending on the application, the overwhelming evidence is that technological advances
favour highly skilled workers and the same can be expected for the future.

Not surprisingly, those demand differentials have been driving up the salary premium
paid to workers with higher education levels. Researchers consistently find that
technological progress has increased the demand for more highly skilled workers.

GLOBAL ECONOMIC INTEGRATION

With the growth of economic globalization in recent decades—whether measured by

flows of goods and services, direct investment and other capital flows, the transfer of
knowledge or technology, or the movement of people—the economies of the world are
tied together even more so than in the past.

In the decades ahead, the era of economic globalisation will affect the size of the
markets demanding products, the mix of products required, and the nature of the
competition in the global marketplace.
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CHAPTER 14: ORGANISATIONS IN SHIPPING

THE BALTIC EXCHANGE

In the 18th century merchants met in a coffee house in Threadneedle Street in London to
“fix” cargoes on ships. In 1823, to prevent gambling in the market and establish some
regulations a committee of senior coffee house regulars was formed. Rules were
devised and a private meeting room was established in the “Virginia and Baltick Coffee
House”, to which admission was strictly controlled. The name of the committee was
taken from the name of the coffee house.

In 1857 the Baltic Company Limited was formed and a committee established
themselves in South Sea House, Threadneedle Street. In 1903 the Baltic Exchange
came into being in a new building in St Mary Avenue, London. In 1985 the Baltic Freight
Index was launched as the first in a series of freight market indicators produced by the
Baltic Exchange.

In 1992 a terrorist bomb, believed to be the work of the IRA, destroyed the Baltic
Exchange building. Despite this setback, trading continued in temporary offices at Lloyds
of London and returned some time later to a rebuilt Exchange. In 1994 the Baltic
Exchange celebrated its 250th anniversary, and in 1995 permanent premises were
established at 38 St Mary Avenue, London.

The Baltic Market

Baltic Exchange members are at the heart of world trade, arranging for the ocean
transportation of industrial bulk commodities from producer to end user. The coal
exported from Richards Bay to European and Asian ports is arranged by Baltic
Exchange cargo brokers.

All Baltic Exchange members undertake to abide by a code of conduct based on the
motto “Our Word Our Bond” Those who breach this code are disciplined or expelled.

Total membership is 520 companies and 1600 individuals and is not just limited to
shipbrokers, charterers and shipowners but also consists of financial institutions,
maritime lawyers, educators, insurers and related maritime organisations.
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The bulk freight market relies on the co-operation of shipbrokers, shipowners and
charterers to ensure the free flow of trade, and the market is at the mercy of fluctuating
freight rates. Seaborne trade is vital in enabling the global economy to function but
thousands of events can have an impact on the costs of sea transport and those moving
bulk commodities operate in an extremely volatile environment.

Vast amounts of fuels, foodstuffs, fertilisers and raw materials are some of the goods
moved by sea and half of the cargoes are energy related. Container traffic is
approximately 10% by weight but much higher in terms of value.

BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO)

This important shipping industry organisation was founded in 1905 in Copenhagen,
Denmark, by various industry stakeholders including shippers, shipowners, brokers,
charterers and cargo receivers. BIMCO’s tasks for its members range from involvement
in international debates on issues affecting the industry, to providing assistance in
recovering unpaid freight, charter fees or other debts.

Today BIMCO has over 2550 member companies in 128 countries and shipowner
members control 65% of the world’s merchant fleet. In addition 1500 brokers and agents
are individual members.

In order to carry out tasks on behalf of members the staff of BIMCO have set out a
number of Rules as their objectives.

1. To unite shipowners and organisations connected with the shipping industry in

order to consider and, if necessary, take action on all matters affecting the
industry.

2. To communicate to members any useful information which may come to the

knowledge of BIMCO as well as instances of unfair charges and claims, freight
speculation, objectionable charter parties and other practices.

3. To prepare and improve charter parties and other shipping documents, and to do
so whenever possible by means of friendly negotiations with charterers,
shipowners, shippers, merchants, receivers, shipbrokers and with any other
entity connected with the industry.

4. To issue approved documents for the use of the shipping industry, including
charter parties, and to adopt as approved documents charter parties and other
shipping documents which have been issued by similar organisations, or agreed
with representatives of the parties concerned.

5. To meet and correspond with charterers, shippers, merchants, receivers,

shipowners, shipbrokers and other members of the shipping industry, and with
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representatives or organisations, as to any matter connected with the shipping

industry.

6. To become a member of any organisation, committee or other body having

similar objectives as BIMCO, or organisations which may further the interests of
BIMCO.

7. To co-operate with, support the actions and policy of, and take concerted action
with, any organisations working in the interests of the shipping industry.

8. To assist members in cases of unfair treatment by governments, authorities or

other similar bodies by investigating, and when appropriate, taking concerted
action.

9. To take such steps in the interests of the shipping industry as may appear
desirable.

10. Generally to take any measures consistent with the spirit of these Rules and
which may appear expedient in the furtherance of the above objectives.

THE INTERNATIONAL CHAMBER OF SHIPPING (ICS)

This organisation is an international trade association for merchant ship operators, with a
membership comprising national shipowners’ associations representing over half of the
world’s merchant fleet. ICS represents the global interests of operators in all the different
trades of the industry: bulk carriers, tankers, passenger ships and container liner trades,
as well as shipowners and third party ship managers.

The main objective of the ICS is the maintenance of a sound, well considered, global
regulatory environment in which well-run ships can operate safely and efficiently.

ICS has consultative status with many intergovernmental bodies which have an impact
on shipping, including IMO, the World Customs Organisation, the International
Telecommunications Union, the World Meteorological Organisation and the UN
Conference on Trade and Development (UNCTAD). ICS also maintains close links with
industry organisations representing shipping, ports, pilotage, the oil industry, insurance
and classification societies.

The aim of the ICS is to promote the interests of shipowners and operators in all matters
of shipping policy and operations. To achieve this aim ICS has set out a Statement of
Purpose as follows:

Encourage high standards of operation and the provision of high quality and
efficient shipping services.
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Strive for a regulatory environment which supports safe shipping operations,

protection of the environment and adherence to internationally adopted
standards and procedures.

Promote properly considered international regulation of shipping and oppose

unilateral and regional action by governments.

Press for recognition of the commercial realities of shipping and the need for
quality to be rewarded by a proper commercial return.

Remain committed to the promotion of industry guidance on best operating

practices.

Co-operate with other organisations, both intergovernmental and non-

governmental, in the pursuit of these objectives.

Anticipate whenever possible and respond whenever appropriate to policies and

actions which conflict with the above.

The ICS has promoted best practice in the tanker industry by producing booklets on
safety in oil tankers, chemical tankers and liquefied gas carriers. The ICS also publishes
Training Record Books for Deck and Engineer Cadet Officers.

THE INTERNATIONAL SHIPOWNERS’ FEDERATION (ISF)

The ISF is a broad-based international employers’ association involved in maritime
manpower issues, providing advice and guidance to members, and representing them
on international for a where these issues are regulated.

ISF has consultative status with the International Labour Organisation (ILO) and IMO,
and attends meetings of the Paris Memorandum of Understanding on Port State Control
Committee, which develops policy on port state control inspections within the Paris MOU
region.

ISF is also an active member of the International Committee on Seafarer’s Welfare

(ICSW) and consults regularly with the International Transport Workers’ Federation
(ITF). The ISF Secretariat supports initiatives of other organisations such as the sister
organisation, the ICS, and the International Maritime Employers’ Committee (IMEC).

Key areas of involvement are: regulation of labour standards, medical standards

applying to seafarers, international wage rates, training developments, and providing
information on industry manpower developments and recruitment trends.
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The principal policy-making body of the ISF is the Council, consisting of a representative
of each of the ISF member associations. It meets twice a year under the chairmanship of
the President to consider work undertaken by the two principal committees, the Labour
Affairs Committee and the Manning and Training Committee.

SALVAGE SERVICES
Salvage surveys are carried out by specialist surveyors, on behalf of Hull and Machinery
insurers, P & I Clubs and cargo insurers, after an incident which results in a shipping
casualty. The surveyor will provide a detailed analysis of the cause of the casualty and
liability for costs.

The original salvage service company, The Salvage Association, was founded in London
in 1856, but is now incorporated into BRAEMAR. Other specialist surveying companies
also carry out salvage surveys.

Salvage survey companies provide expertise in hull and machinery damage inspections;
cargo damage surveys; offshore projects; warranty inspections; marine consultancy;
wreck removal; and towage and salvage advisory services. They also provide risk
assessments for shipyards and port operations.

Hull and machinery damage

Surveyors are often called on to conduct initial damage surveys and oversee the repairs
to completion in the shipyard. They will then review the repair accounts, fairly
apportioning the amounts to insurance and owner’s accounts. Speed and angle of blow
surveys can also be done to assist in establishing liability for collision damage.

Cargo damage
A wide variety of cargoes are shipped around the world, each with its own particular
characteristics and potential problems. Surveyors are regularly involved in surveying
damage, advising on any necessary action to minimise loss, and arranging for
reconditioning or disposal.

International Salvage Union (ISU)

ISU members provide essential services for the world's maritime and insurance
communities. These services include: marine casualty response, pollution prevention,
wreck removal, cargo recovery, towage and related activities.

The principles of salvage and salvage law have evolved over many centuries and a
fundamental concept is that the salvor should be paid an appropriate salvage award to
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intervene in any casualty situation to salve the ship, property and life, and prevent
pollution.

PROTECTION & INDEMNITY CLUBS

The concept of protection and indemnity cover can be traced back to ancient China and
there were similar institutions in the Roman empire and mediaeval Britain. In the 18 th
century the modern concept of P & I Clubs and their cover was developed.

P & I Clubs were formed by groups of shipowners to address their insurance needs that
were not provided by the usual cover offered by marine insurers. Each shipowner
contributes to a fund managed by the P & I Club, and the amount of the contribution is
based on the tonnage of each owner’s fleet. Contributions are paid quarterly and there
may be occasions when the Club could ask for a special contribution after a major
disaster.

The general rule for P & I cover is “pay to be paid” which means that the member must
settle his liabilities first before claiming reimbursement from the Club. Types of cover
provided by the Clubs are as follows:

Seafarer personal injury or loss of life.

Claims may arise from the seafarer’s contract of employment or from a collective
agreement. Costs covered include medical expenses, repatriation, funerals and sending
a replacement seaman to the ship.

Stevedore injury or loss of life.

Claims are particularly heavy in United States ports where many lawyers specialise in
such litigation.

Loss of personal effects.

Loss of or damage to personal effects by heavy weather or other exceptional

circumstances is covered but the burden of proof will be on the seafarer or passenger.

Diversion of the ship.

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If the ship has to deviate for treatment to an injured seaman or for landing stowaways
the Clubs cover the basic running expenses of the ship including any port charges.

Life Salvage.

If a seafarer’s life has been saved during the loss of his ship an owner may be obliged to
pay the salvor a life salvage award. This amount will be covered by the Clubs, and they
will also cover repatriation and accommodation expenses.

Damage to property.
If an owner’s hull insurance does not cover damage to docks or quays then his Club
should cover this. The liabilities resulting from a collision, not covered by hull insurance,
will also be covered by the Club.

Pollution
In recent years there has been a massive increase in claims against shipowners for
pollution damage caused by their ship’s cargoes, and in particular for oil pollution
damage. Cover also extends to claims by other ships involved in collisions with an
entered ship. Legal representation will be provided by the Club when an owner faces
claims for pollution damage.

Towage
This cover is for ordinary towage contracts and not salvage.

Wreck liabilities
A shipowner is responsible for the raising, removal, destruction, lighting or marking of
the wreck of his ship.

Cargo liabilities
Under a contract of carriage a shipowner is liable to pay for any loss of or damage to
cargo. P & I cover includes loss of or damage to cargo, and extends beyond the sea leg
of the carriage. The cover protects the owner from an inland point in one country to a
destination inland point in another country.

Fines and legal costs

Ships in foreign ports may not be fully aware of the regulations and may face fines for
contraventions. The Clubs also pay for legal expenses when a shipowner faces a claim
and in practice the Club’s own legal department will engage the services of lawyers who
will be paid directly by the Club.

Omnibus cover
Clubs have rules which govern the type of cover they will provide to the shipowner
members but there may be an occasion when an owner is faced with an unusual claim
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not specified in the rules. Under the Omnibus cover Club Directors are given the
discretion to decide on payment of such a claim.

This is not normal insurance practice and proves that the Clubs exist, not as profit
making insurance companies, but as organisations for the benefit of their members the
shipowners.