- Business and law
What is the procedure to be followed against crew fighting / Every serious breach should be dealt with by the master in person.
A serious breach need not always result in dismissal; an oral warning or a written reprimand may be given.
The master should always inform the seafarer of the alleged breach and give him the opportunity to:
admit or deny the allegation;
be accompanied throughout the hearing by a friend who may advise him and speak on his behalf;
call any witnesses he chooses;
question the witnesses on their evidence; and
make any statement he wishes in answer to the alleged breach, including comments on evidence produced against him.
After careful and thorough investigation, and having considered all the evidence, the master should orally inform the seafarer whether or not he finds that the seafarer committed the alleged breach.
If the master finds the seafarer did commit the breach, he should impose a sanction which he considers reasonable in all the circumstances, taking into account his record on the ship and any other relevant factors.
The range of sanctions the master may impose are:
a formal (oral) warning from the master, recorded in the Official Log Book;
a written reprimand from the master, recorded in the Official Log Book; or
dismissal from the ship, either immediately (if in a UK or overseas port), or at the next port. If the master decides that the continued presence of the seafarer on board would be detrimental to the efficient and safe running of the ship or to the maintenance of harmonious personal relations on board, the master may arrange for
dismissal of the seafarer at the next port of call for repatriation to the UK.
If dismissal is the master’s chosen sanction it is vital that he follows the correct procedure which is, in every case:
having a disciplinary hearing before the master, properly conducted in accordance with the procedure in theCode and with the principles of natural justice;
making a formally-announced finding that the seafarer has committed a serious breach of the Code listed inparagraph 9;
dismissal of the seafarer from the ship (after completion of usual discharge formalities as in E07d.6).
Whichever sanction the master imposes, an Official Log Book entry should be made in the narrative section recording full details of the breach and the action taken by the master in response to it.
The seafarer must be given a copy of every Official Log Book entry relating to his case. He should acknowledge receipt by signing another Official Log Book entry made by the master. If he refuses to sign this entry, a further appropriate entry should be made to that effect; this entry should be signed by the master and witnessed by another person who was present.
What are the entries to be made in the official log book / Pages Entries
1 Front cover (Ship’s particulars; masters’ particulars; owner’s/manager’s name and address; dates and places of opening and closingof Official Log Book, etc.).
2-7 Record of seamen employedin the ship. (Number in crew list; name; capacity employed in; narrative entry.)
8-9 Returns and entries of births and deaths in the Official Log Book.
10-14 Record of musters, boat drills and fire drills, training of crew, and inspections of life-saving appliances and fire appliances.
15-17 Record of test drills and inspections of the ship’s steering gear. (Date; time; place; nature of inspection, etc; date; signature.)
18 Record of tests and inspections of pilot hoists. (Date; time; place; nature of tests, etc.; date; signature.)
19-23 Record of inspections of crew accommodation carried out under the MS (Crew Accommodation) Regulations.
24-28 Record of inspections of food and water provided for the crew. (Date; inspector; result; date of entry; signature.)
29 Positions of the deck line and load lines.
30-39 Dates of departure from and arrival at each dock, wharf, harbour or other place – with draught of water and freeboard uponevery occasion of the ship proceeding to sea.
40-76 Official log (narrative pages). (Date and hour of occurrence; place of occurrence or situation by lat. and long. at sea; date of entry;
fine imposed, if any; entries made under the Official Log Book Regulations
What is note of protest / Noting protest
A “protest”, sometimes called a “sea protest”, is a solemn declaration, made on oath by a shipmaster before aperson legally empowered to hear such declarations, that circumstances beyond his control have, or may have,caused loss of and/or damage to his ship and/or its cargo, or have caused him to take action which may render theowner liable to another person10. A protest (without an extension) is a simple statement of fact, without addeddetails.
An “extended protest” is a protest to which supplementary information has been added at a later date.
“Noting protest” is the act of making the protest before the appropriate person.
The appropriate person before whom a protest should be noted is a notary public in those countries (such as theUK, USA, India, South Africa, etc.) where notaries public are appointed, or a British consul in other countries. A“notary public” or “notary” is a public official who is primarily concerned with the preparation and authenticationof documents for use abroad and is empowered under his country’s law to administer oaths (i.e. swearings to thetruth of a statement), take acknowledgments, certify documents and take depositions for use in legal actions11. Thesignature and seal or stamp of a notary public is necessary to attest to the oath of truth of a person making anaffidavit and to attest that a person has acknowledged that he/she executed a deed, power of attorney or otherdocument, and is required for recording in public records.
When to note protest
Noting protest may help to resist cargo loss or damage claims against the shipowner, and may be required in theadjustment of a general average, but is not always necessary. The local P&I club representative should be able toadvise the master on the need for noting protest.
It may be prudent to note protest in the following situations:
after every case of general average
after wind and/or sea conditions have been encountered which may have damaged cargo
after wind and/or sea conditions have been encountered which caused failure to make a cancelling date;
after cargo is shipped in a condition likely to deteriorate during the forthcoming voyage
after the ship has sustained material damage;
after the ship has caused material damage
after a serious breach of the charter party by the charterer or his agent (e.g. undue delay, refusal to load, cargonot of a sort allowed by the charter party, refusal to pay demurrage, refusal to accept bills of lading after signingbecause of clausing by master, sending vessel to an unsafe port, etc.)
after the consignee fails to discharge or take delivery of the cargo or fails to pay freight.
Protest should be noted as soon as possible after arrival and always within 24 hours of arrival. If in connectionwith cargo, it should be noted before breaking bulk. If cargo for more than one discharge port is involved, the P&Iclub correspondent should be asked whether it will be necessary to note protest at each port in the rotation.
Procedure for noting protest
The master should request the agent to arrange an appointment with, and transport to, a notary public, Britishconsul or other appropriate person before whom a protest can be made. (In some countries the appropriate personmay be a magistrate or other official.)
The master, accompanied by one or more witnesses from the crew who have knowledge of the relevant facts, shouldtake with him to the notary’s office the Official Log Book, the deck log and any other relevant informationpertaining to the matter being protested about. (Where, for example, bad weather has led to cargo damage, a recordof the weather should be taken to the notary’s office. Where reefer machinery has failed during the voyage, cargotemperature records should be taken.) Copies of log entries or other relevant records will be attached to the protest.
The master will normally have to show proof of his identity to the notary. The notary will hear the master’sdeclaration and will make a written record in a Register of Protests
At least three certified copies of the protest should be obtained from the notary: two for the owner and one for theship’s file.
A fee will be payable for noting the protest and for each requested copy. (For notes on
What is the difference between NOP and the letter protest / Note of protest to be signed in front of an authorized person to do so such as notary public
Letter of protest is prepared and signed by the master onboard
What are the occasions that the LOP is issued / When to send a letter of protest
* A letter of protest should be sent to the person in charge of the relevant operations (e.g. terminal supervisor,
stevedore, harbour master, etc.) in any of the following circumstances:
when there is a discrepancy between ship’s and shore cargo figures;
when the rate of loading or discharging is too slow or too fast;
when berth or fendering arrangements are inadequate;
when longshoremen/dockers are misusing ships’ equipment and ignoring duty officers’ advice;
when passing vessels cause ranging, wash damage, etc. whilst loading/discharging;
in any other situation where the master wishes to formally record his dissatisfaction with arrangements over
which the other party has some control.
* Circumstances may arise when it is appropriate to send a letter of protest to the master of another vessel, e.g.:
when there is a discrepancy as to the quantity of cargo received from a vessel being lightened;
when there is a discrepancy as to the quantity of bunkers received from a bunker vessel, etc.;
when another vessel is causing, or likely to cause, damage to own ship (e.g. by mooring/berthing too close).
The text of one of the example letters in I04b.3 should be amended as necessary and the letter sent to the master of
the other ship with a request for return of the receipted copy.
Write LOP and a damage report / Letter of protest for discrepancy between ship and shore figures
LETTER OF PROTEST
M.v. Voyage No.:
Cargo: fish meal in bulk
Port: Berth/terminal:
Date: Time:
To: (recipient’s name and/or position)
Please be advised that there is a discrepancy between ship and shore figure covering
Cargo of fish meal in bulk loaded at your terminal on 23.12.09.
Shore figures: …………………………………………………………
Ship figures: …………………………………………………………
Difference: ………………………………………………………………
The undersigned hereby declares that the Bill of Lading was signed under protest because ofthe unreasonable difference between ship and shore figures.
Protest lodged by………………………………………………………… Master Signed for receipt …………………………………………………
(Signature and vessel’s stamp) ………………………………………………………Company
Damage report / NOTICE OF DAMAGE BY STEVEDORE TO SHIP OR EQUIPMENT
M.v. Voyage No.
Cargo:
Port: Berth/terminal:
Date: Time:
To: (recipient’s name and/or position)
You are hereby notified that I hold you responsible for the below mentioned damage which occurred on my vessel as a result of your stevedoring operations.
The repairs of the damage are for the account of you and/or your principals, and I am authorised to have the damage repaired in my option at any convenient time and place, with any competent repair shop or yard at regular and usual rates and terms. Your liability and responsibility are not limited to payment of the repair shop’s or yard’s bill only, but also to any consequences of the damage, including loss of time.
Time and date of damage……………………………………………………………………………………………………………………… 20…………
Description of damage ……………………………………………………………………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………… (signed) Witness to above …………………………………………………………(signed)
Master (Position)
The cause and extent of damage are correctly stated above, and liability acknowledged.
……………………………………………………………………………………(signed)
Stevedore
What are the preparations done in order to go to port of refuge / Such deviation is due to the force majeure circumstances hence justifiable. Following actions to be accomplished by the master.
- inform owner/charter the intended action
- inform owner’s agent at port of refuge the following
Damage sustained
Facilities and other things required
- obtain pratique ,customs clearance, and inward clearing documents
- notify the owner of safe arrival
- register note of protest and reserve the right to extend it
- notify the administration of the damage
- notify the underwriters and nearest class agent to comply with tender clause via the owners
- employ class surveyor to undertake preliminary hull survey
- if cargo damage is suspected arrange registered cargo surveyor
- call tender for repairs and seek advice of local class surveyor
- draw up repair plan and schedule with estimated time of completion
- upon completion of repairs vessel should return to the class
- pay all cost of repairs etc
- extend protest giving all repair details
- clear inward formalities and proceed voyage
What are the contents in the of official log book / Front cover (Ship’s particulars; masters’ particulars; owner’s/manager’s name and address; dates and places of opening and closingof Official Log Book, etc.)
Record of seamen employedin the ship. (Number in crew list; name; capacity employed in; narrative entry.)
Returns and entries of births and deaths in the Official Log Book.
Record of musters, boat drills and fire drills, training of crew, and inspections of life-saving appliances and fire appliances.
Record of test drills and inspections of the ship’s steering gear. (Date; time; place; nature of inspection, etc; date; signature.)
Record of tests and inspections of pilot hoists. (Date; time; place; nature of tests, etc.; date; signature.)
Record of inspections of crew accommodation carried out under the MS (Crew Accommodation) Regulations.
Record of inspections of food and water provided for the crew. (Date; inspector; result; date of entry; signature.)
Positions of the deck line and load lines.
Dates of departure from and arrival at each dock, wharf, harbour or other place – with draught of water and freeboard uponevery occasion of the ship proceeding to sea.
Official log (narrative pages). (Date and hour of occurrence; place of occurrence or situation by lat. and long. at sea; date of entry;fine imposed, if any; entries made under the Official Log Book Regulations
What are the entries in the narrative section / 40-76 Official log (narrative pages). (Date and hour of occurrence; place of occurrence or situation by lat. and long. at sea; date of entry;
fine imposed, if any; entries made under the Official Log Book Regulations
Narrative section is the final section of the official log book. It uses to enter required entries in detailed manner. Entries in the narrative section may include date/time and place of occurrence and place of entry. Normally the entry in the narrative section does contain reference with any relevant front pages by mentioning the page number.
Last page of the narrative section is the back cover of the official log book
- master take over details
- promotion and demotions of crew
- Distress signals or messages in detailed manner
- Closing and opening of water tight doors together with the date and place
- Reasons for not going for assistance in any distress incident
- Illness and injuries of persons employed in the ship with all required details
- Seaman’s wages disputes
How do you make an entry in the OLB regarding an accident /
- entry should be made in the narrative section
- it includes date/time of occurrence , place of occurrence , date of entry , details of the accident
- the accident should be reported as per the company SMS manual
- injuries of persons should be entered
Make an accident report / Information needed in accident reports
must, so far as is practicable and possible, include the following details:
• name of ship and IMO number, official number or fishing vessel number;
• name and address of owners;
• name of the master, skipper or person in charge;
• date and time of the accident;
• where from and where bound;
• latitude and longitude or geographical position in which the accident occurred;
• part of ship where the accident occurred, if on board;
• weather conditions;
• name and port of registry of any other ship involved;
• number of people killed or injured, together with their names, addresses and gender; and
• brief details of the accident, including, where known, the sequence of events leading to the accident, extent of
damage and whether accident caused pollution or hazard to navigation.
3/off is not following your orders. What will you do / This is a breach of conduct in serious nature
Master should give formal warning
Enter in the official log book
Copy of details to be given to the 3rd officer
He does the same action then what will you do / Written reprimand should be issued and suitably recorded
If continue to do so dismissal will be resulted