Type of paper: Essay

Topic: Vehicles, Ship, Law, Oil, Flag, Vessel, Bullying, Water

Pages: 6

Words: 1650

Published: 2020/11/23

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a) From Marpol identify the requirements for the disposal of machinery space bilges.
Marpol 73/78 is the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978. ("Marpol" is short for marine pollution and 73/78 short for the years 1973 and 1978.)
“According to Annex I of MARPOL 73/78, and more precisely Chapter 2, Regulation 9, the requirements for the disposal for a ship of 400 tons gross tonnage and above other than an oil tanker and for machinery space bilges excluding cargo pump-room bilges of an oil tanker unless mixed with oil cargo residue with the premise that:
(i) the ship is not within a special area;
(ii) the ship is proceeding en route;
(iii) the oil content of the effluent without dilution does not exceed 15 parts per million; and
(iv) the ship has in operation equipment as required by regulation 16 of Annex I of MARPOL 73/78 shall be prohibited except when all the following conditions are satisfied:
(a) the oily mixture does not originate from the cargo pump-room bilges;
(b) the oily mixture is not mixed with oil cargo residues;
(c) the ship is not within a special area;
(d) the ship is more than 12 nautical miles from the nearest land;
(e) the ship is proceeding en route;
(f) the oil content of the effluent is less than 100 parts per million; and
(g) the ship has in operation oily-water separating equipment of a design approved by the Administration.”
1. b) Detail record keeping requirements for disposal of machinery space bilges.
“The Oil Record Book Part I shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following machinery space operations takes place in the ship:
1) Discharge of dirty ballast or cleaning water from Fuel oil tanks
2) Collection and disposal of Oil residues (Sludge and other Oil residues)
3) Non-automatic discharge overboard or disposal otherwise of Bilge water in the machinery space
4) Automatic discharge overboard or disposal otherwise of Bilge water in the machinery spaces.”
1. c) Define bulge pumping within Special Areas.
“A ship of 400 gross tons or over and any oil tanker may not discharge oil or oily mixture within a special area. In the Antarctic area, discharge into the sea of oil or oily mixture from any ship is prohibited. This condition does not apply for the discharge of processed bilge water from machinery space bilges, provided that all of the following conditions are satisfied:
(1) The bilge water does not originate from cargo pump room bilges;
(2) The bilge water is not mixed with oil cargo residues;
(3) The ship is proceeding en-route;
(4) The oil content of the effluent without dilution does not exceed 15 ppm;
(5) The ship has in operation oily-water separating equipment complying with part 155 of this chapter; and
(6) The oily-water separating equipment is equipped with a device that stops the discharge automatically when the oil content of the effluent exceeds 15 ppm.”
1. d) Give four definitions of “sewage from ships” plus detail requirements regarding garbage controls.

“Sewage means:

(a) drainage and other wastes from any form of toilets, urinals, and

WC scuppers;

(b) drainage from medical premises (dispensary, sick bay, etc.) via
wash basins, wash tubs and scuppers located in such premises;
(c) drainage from spaces containing living animals; or
(d) other waste waters when mixed with the drainages defined
above.”
2. a) Summarize in your own words the basic role of Classification Societies and their role in the Marine Industry. Include the five main areas that Classification Rules address.
A classification society is a non-governmental organization that establishes and maintains technical standards for the construction and operation of ships and offshore structures. The society will also validate that construction is according to these standards and carry out regular surveys in service to ensure compliance with the standards. To avoid liability, they explicitly take no responsibility for the safety, fitness for purpose, or seaworthiness of the ship. The Classification rules apply to these five main areas:• A technical review of the design plans and related documents for a new vessel to verify compliance with the applicable Rules;

• Attendance at the construction of the vessel in the shipyard by a Classification

Society surveyor(s) to verify that the vessel is constructed in accordance with the approved design plans and classification Rules;
• Attendance by a Classification Society surveyor(s) at the relevant production facilities that provide key components such as the steel, engine, generators and castings to verify that the component conforms to the applicable Rule requirements;
• Attendance by a Classification Society surveyor(s) at the sea trials and other trials relating to the vessel and its equipment prior to delivery to verify conformance with the applicable Rule requirements;
2. b) How can a Condition of Class fit in with a vessel maintenance program?
“ ‘Recommendation’ and ‘condition of class’ are different terms used by IACS Societies for the same thing i.e. requirements to the effect that specific measures, repairs, request for surveys etc., are to be carried out within a specified time limit in order to retain class. Each classed vessel is subject to a specified program of periodic surveys after delivery. These are based on a five-year cycle and consist of annual surveys, an intermediate survey and a class renewal/special survey (held every 5 years). The rigor of each specified survey increases with the age of the vessel.
2. c) Why would Class be suspended or withdrawn from a vessel?
Where the conditions for the maintenance of class are not complied with, class may be suspended, withdrawn or revised to a different notation, as deemed appropriate by the Society when it becomes aware of the condition.”
3. a) Give a reasoned explanation of the International Maritime Organization
“IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships.”
As a dedicated organization of the United Nations, IMO is the international standard-setting power for the welfare, safety and ecofriendly conduction of international shipping. Its chief role is to produce a supervisory background for the shipping industry that is impartial and productive, globally adopted and globally applied. In other words, its role is to generate an equal playing-field so that ship operators cannot deal with their economic issues by cutting corners and bargaining on welfare, safety and ecofriendly conduction. This tactic also inspires innovation and effectiveness. Shipping is a truly global industry, and it can only function successfully if the guidelines and principles are themselves decided, accepted and applied on an a global basis. And IMO is the medium at which this procedure takes place.
3. b) Detail Flag States responsibilities

The duties that the flag State have to accomplish when sanctioning ships to fly its flag are:

“• Maintain register of ships containing particulars of ships flying its flag.
• Assume jurisdiction over the ship, the master, officers and crew.
• Take measures regarding safety of navigation and seaworthiness of the ship.
• Ensure that the measures taken for exercising jurisdiction and control over the ships plying its flag conform to international rules and practices.
• Carry out an investigation whenever another state reports inadequate exercise of control or jurisdiction over any ship flying its flag and take any remedial action where appropriate.
• Carry out or cooperate with other States in the carrying out of investigations in any case of marine casualty or incident of navigation.
• Flag State duties, with respect to ships registered under a particular flag, as listed under Article 94 are not meant to be exhaustive. They are complemented by the international laws and regulations adopted by the relevant international organizations (IMO and ILO).
• Under Article 217 of UNCLOS the responsibility of the flag State to enforce measures and adopt laws and regulations aiming at prevention, reduction and control of pollution and ensure compliance of those vessels flying its flag with marine pollution laws.
• The flag State is also under the obligation to investigate any case where any ship registered under its flag violates any international anti-pollution laws.”
3. c) Identify the reason for Port State Controls
“Port State Control (PSC) is the inspection of foreign ships in national ports to verify that the condition of the ship and its equipment comply with the requirements of international regulations and that the ship is manned and operated in compliance with these rules. These inspections were originally intended to be a back up to flag State implementation, but experience has shown that they can be extremely effective, especially if organized on a regional basis. A ship going to a port in one country will normally visit other countries in the region before embarking on its return voyage and it is to everybody's advantage if inspections can be closely coordinated. This ensures that as many ships as possible are inspected but at the same time prevents ships being delayed by unnecessary inspections. The primary responsibility for ships' standards rests with the flag State - but port State control provides a "safety net" to catch substandard ships.”
4. a) Discuss the relative merits of having a disciplinary code. Include most effective form of discipline and what is expected on everyday conduct on vessel.
Seagoing is a civilian profession which enforces on seafarers certain weights and difficulties not easily found in land-based professions. Seafarers are often obligated to fill both their working and leisure time in the narrowed surroundings of a vessel with the same people. This can make seafarers more susceptible to the stresses of everyday life than those working ashore. In this environment, the need for discipline and good behavior is particularly important.
Dismissal from the ship is the most effective form of discipline as it removes the violator from the presence of others.
In order to avoid disciplinary measures, what is expected from the everyday conduct of seafarers are:“a) Punctuality: Punctuality is very important both for the efficient operation of the ship and to avoid putting extra work on others.
b) Duties: Every seafarer should carry out their duties efficiently to the best of their ability.
c) Treatment of accommodation: The ship is both a seafarer’s place of work and home.
.d) Behavior towards others: A person’s anti-social behavior can be a nuisance to others on board. In extreme circumstances, it can also place the ship and the crew at risk of danger.
e) Compliance with company rules and procedures: Any person on board a ship must abide by the applicable company-specific rules and procedures. “
4. b) Identify human factors that can lead to drink or drug abuse and explain the effect this can have on health, work performance and team-work.
Genetics: Drug and alcohol abuse is frequently attributed to an absence of determination or self-discipline, meaning that individuals who have addictions make a conscious choice to take part in those damaging actions.
Environment: The workspace in vessels is by definition confined, so everyday exposure to drug or drink use or abuse can have very damaging consequences on an individual’s choice in engaging in such behaviors. The influence of peers is a powerful factor.

Bullying or intimidating behavior: victims of intimidating behavior can find a way out in drug or alcohol abuse.

4. c) Explain how some management styles can be a form of harassment and bullying. How do managers take care to ensure that their behavior does not constitute such action?
Bullying at a vessel can be expressed in many ways. It can encompass: overlooking or not including someone, to spread spiteful tales or rumors, embarrassing a worker in public, giving someone impossible or pointless errands, repetitively underrating someone’s work efficiency. In order to avoid those forms of harassment a manager can, be subtle, impartial, and seek data: to inspire his workers to define examples of the suspected bullying and what result they would want to see. To be just to both sides, the manager needs to choose whether his or other people’s conduct is bullying or harassment. The manager can also find a way to move on: numerous cases of bullying can be resolute in a relaxed way. The manager may request to contact the people involved privately in order to find out and talk over the accusations and eventually come to find a way forward. Finally, he can seek out possibilities for dealing with the problems: bullying could be dealt with guiding the parties involved or a settlement between the parties on standards of conduct.

Bibliography

Cornell University Law School. «Legal Information Institute.» 2015. 33 CFR 151.25 - Oil Record Book. 22 February 2015.
Hosanee, Nivedita M. «A Critical Analysis of Flag State Duties As Laid Down Under ARTICLE 94 of UNCLOS.» 2009. 20 February 2015.
IACS. «Classification Societies-What, Why and How?» 2015. 21 February 2015.
—. «What are classification societies?» 2015. 21 February 2015.
International Maritime Organization. «Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution of Ships.» 6 March 1992. 21 February 2015.
—. Introduction to IMO. 2015. 21 February 2015.
—. Port State Control. 2015. 20 February 2015. <http://www.imo.org/blast/mainframe.asp?topic_id=159>.
Marpol. «Regulations for the Prevention of Pollution by Sewage from Ships.» n.d. Annex IV of MARPOL 73/78. 21 February 2015.
UK Chamber of Shipping. «Code of Conduct for the Merchant Navy.» August 2013. UK Chamber of Shipping. 20 February 2015. <http://www.ukchamberofshipping.com/media/filer_public/a4/61/a461d7f9-ddbe-439e-8afd-68938b0cd7ec/code_of_conduct_for_the_merchant_navy_-_august_2013.pdf>.

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