Mariner Role in Collecting Evidence
Mariner Role in Collecting Evidence
Mariner Role in Collecting Evidence
BASIC PRINCIPLES
Record Keeping
Official log
Deck or mate’s log
Engine room log
Rough logs
Radio log
Sick bay log
Movement or bell book
Print-outs from bridge and control instruments.
Crew overtime sheets
Maintenance reports
Daily work book
Safety equipment maintenance book
Safety drill book
Requisition sheets for spares
Oil record book
Garbage record book
Informal notes
Photographs and videos
a) All records should be maintained in an orderly manner.
MASTER’S REPORT
a) Master will make his personal report about the incident, which
should be endorsed as follows
General requirements
Seaworthiness of ship
a) The above stated rules impose an obligation on the ship owner
to exercise due diligence to maintain the ship in seaworthy condition.
b) Seaworthy means the ship complies with the following :
Careful checking of the ship before departure and rectifying any defects
which are noticed.
Proper and regular checking of all aspects of the ship as often as
possible, including manning, maintenance and repairs.
Periodical review of all procedures and instructions.
Maintaining proper records and documents about the above mentioned
checks, and regular maintenance, by means of the following :
d) Log books
f) Accounts
Care of cargo
a) The above mentioned rules impose an obligation on the carrier to
take good care of the cargo for a period of time as determined by the
terms of the contracts and local regulations, and deliver it in as good a
condition as when it was received.
Load, stow, secure, carry and discharge the cargo properly and
carefully.
Pay attention to any special requirements of the cargo as given in
writing by the shipper.
Seek assistance of local experts or surveyors.
Ensure that the crew are aware of their individual responsibilities
concerning cargo operations.
Understand the terms of the contracts and local regulations concerning
cargo handling.
c) The standard of care of cargo is not dependent on the usual custom
or practice.
d) All cargo handling operations should be accurately documented
and fully described.
Evidence
a) Ship’s plan showing holds, tanks and their capacities.
o) Letters of protest.
p) Deck and engine log abstracts for the period of loading, loaded
passage and discharging.
q) Abstracts of period of voyage prior to loading will also be required if
heavy weather was encountered or if hold cleaning was done.
u) Position reports.
MASTER’S REPORT
It shall consist of the following items in detail :
i) Discharging operations :
Insurance Cover
a) Legally an owner is not compelled to insure his vessel, unless there
are some mortgage commitments, but no ship ever sails out without
an insurance cover.
e) In case of any damage which could give rise to claim, owner should
inform the underwriters promptly who will instruct independent
surveyors, like those of salvage association, to ascertain facts of the
case.
EVIDENCE
a) Damage report of the Master, chief engineer and other personnel
involved in the incident.
c) Parts of equipment like broken seals, bolts, etc., which could help in
determining the cause of damage.
e) Deck and engine log books covering the period of the incident.
Report of surveyor.
Confirmation of retention of class by the classification society.
Details of shore assistance provided by way of labour and equipment.
j) Written permission of the port authority for remaining at the berth
due to delay caused by the incident, even after completion of cargo
operations.
e) Periods when ship was on full away and when manoeuvring which
required change over of fuel.
Air-conditioning.
Heavy electrical load.
Tank cleaning.
Use of incinerators, etc.
h) If new and old bunkers are mixed then a sample of the mixture
should be tested for compatibility. A sample of the mixture should be
retained on board.
Sub-Standard Bunkers
a) If any specification of fuel like flash point, viscosity, density, pour
point, water content, compatibility, catalysts, etc., does not confirm to
the ship’s requirements, then Master should notify the supplier and
charterer’s agent in writing and hold them liable for any damage,
delay, poor performance, over consumption or any other loss that may
be caused due to the use of unsuitable bunker.
a) Charterers have the option to nominate the port for the ship but
they are obliged to nominate a port which is safe for the ship to
approach, use and depart. This includes river passage if any, and the
route upto the berth, which a skilful Master can safely negotiate.
b) They are not so obliged if later on the port becomes unsafe due to
unexpected or abnormal danger which they were unaware of and
which is not characteristic of the port.
d) If Master complies with the orders of the charterer and the ship is
damaged then the charterer will be held liable. However it is expected
that the Master will take all reasonable actions and precautions to
prevent or minimise damage.
A port should be safe for the ship under consideration. It is immaterial
whether the port was safe for other ships or not.
Safe Port
a) A ship can approach it without dismantling her structure or without
reducing her draft by discharging cargo.
b) Waiting for tide to cross a bar does not make the port unsafe.
d) Port will not be unsafe if the ship has to leave the berth due to
onset of bad weather, provided Master receives reasonable notice to
do so and he can safely leave the port using the port tugs, pilot and
other facilities.
e) Dangers if any in the port can be safely avoided by good, but not
extraordinary, navigation and seamanship.
Evidence
a) Complete record of communications dealing with the voyage.
h) Berthing procedures.
a) Fixed and floating objects include harbour, dock, pier, quay, jetty,
land, buoy, crane, etc.
d) In most cases the P & I insurance will cover the cost of damage.
e) Such incident may give rise to unsafe port claim against the
charterer. Hence evidence may have to be recorded accordingly.
Actions By Master
a) Notify the owners immediately about the incident, whether major or
minor, so that they can appoint expert surveyors to asses the damage.
Introduction
c) It is possible for the owner to recover the costs from the parties who
are actually at fault.
Causes Of Pollution
a) Collision
b) Explosion or fire.
c) Grounding
e) Check moorings.
b) Consult the local P & I club representative who will help in dealing
with the local authorities, suggest ways of minimising pollution and
also arrange for surveyors.
Ascertain from local legal representative that they have powers to do.
Supervise and record their movements.
Ensure that they conduct interviews in presence of P & I club or other
legal representative.
Record their names, the names of their departments, and dates and
times of their visits.
Evidence
a) Date, time and place of incident.
g) Area covered by the spill and whether it will affect other property or
vessels.
i) Actions taken to report the incident to the owners, local and other
statutory authorities.
j) Identity of other vessels in vicinity.
Collision
h) As per normal practice, lawyers of one ship will not question the
crew of the other ship. Hence ensure that the crew give their
statements only to the correct person.
i) If joint survey is arranged then surveyor of one ship will normally not
be authorised to inspect navigational equipment and log books, or
interview the crew, of the other ship.
b) If reflection plotter of radar is in use then record all the marks with
times, which are made on screen.
Method of observation.
Time, distance, bearing, aspect, apparent course and speed.
Lights and shapes observed.
Own ship’s course, speed and position.
Action taken.
d) Same data as above on first visual sighting and subsequent
observations.
g) Actions taken by both ships before and after collision with timings
and positions.
Date, time and position. Mark the time on the course recorder paper.
Ship’s head and estimated angle of collision.
Speeds of both ships.
Speed log reading.
State of tide and current.
Direction and force of wind.
Direction and height of sea and swell.
Visibility
Names of personnel on bridge and their duties.
Point of contact and points of subsequent contacts if any.
i) Last weather forecast.
j) Written accounts of the incident from all crew members and other
shore personnel who witnessed the collision.
q) In case the other ship was moored then record following additional
data
Was that ship testing her engines in such a way as to contribute to the
collision.
Were her moorings defective, slack or ineffective.
Personal Injury
Introduction
d) If ship is in port, call for medical help or send the injured person
ashore, even if injury is not serious.
Evidence
a) Take photographs or video of the scene of the accident.
i) Ascertain the condition and health of the injured person before the
accident, and the nature of the work which he was engaged in.
Stowaways
Procedures To Prevent Boarding Of Stowaway
b) Before leaving the berth carry out a thorough search of all enclosed
spaces and other places where a person can hide, in accordance with
a check list.
b) Search him and the ship for any documents to establish his
identity.
Treatment Of Stowaway
a) In port guard him to prevent his escape. If he escapes, the owner
may be penalised for allowing an illegal immigrant into the country.
c) Place him in secure quarters, guard him if possible, and provide him
with adequate food and water to remain healthy.