7. Complete a near miss report (see annex) covering the following items.

1. Description of the situation;

2. Possible cause of situation and possible consequences;

3. Which preventive measures have been taken;

4. Master's decision (plan for further handling of above incident)

Case study -13. ColreGs violation in crossing situation

On a clear night at about 22:00 hrs, own vessel sighted another vessel, crossing from our port bow. Compass bearing showed no appreciable change and CPA showed that the other vessel would pass across our bow at a distance of less than two cables. As we approached, our radio and light signals were not acknowledged and we stood on for a considerable time, expecting the give-way vessel to take appropriate action under Rule 15 (Crossing situation).

By 22:20, the distance between the two vessels had become less than 1.5 nm, and reducing rapidly. Accordingly, under Rule 17 (Action by stand-on vessel), we turned hard to starboard, paralleling the other vessel's course. Once the other vessel had drawn sufficiently clear, we turned slowly to port and crossed its wake and resumed our original course.

1. Answer the questions.

1. How can you determine the risk of collision by bearing? What Rule of Colregs stands for Risk of Collision?

2. What signals were taken by stand-on vessel in present situation? What Rule of Colregs stands for this?

3. What device is used for giving light signals?

4. What actions should be taken by give-way vessel in this situation under Rule 15?

5. What actions must be taken by stand-on vessel under Rule 17?

6. How could the responsibilities of the vessels change in present situation in restricted visibility?

7. In your opinion, why didn’t stand-on vessel turn port side at first? Was it easier?

2. Decide if the following statements are true (t) or false (f). Correct the false ones.

1. The Closest Point of Approach (CPA) showed that the other vessel would pass at a safe distance from us.______________________

2. As we approached, we gave no light signals and we stood on for some time, waiting for the give-way vessel to take proper action.__________

3. The distance between the two vessels was increasing rapidly.__________

4. Under Rule 17 stand-on vessel shall keep her course and speed._________

5. When another vessel had gone further away, we altered our course to port and passed astern of her.____________

3. Complete a near miss report (see annex) covering the following items.

1. Description of the situation;

2. Possible cause of situation and possible consequences;

3. Which preventive measures have been taken;

4. Master's decision (plan for further handling of above incident)

Part 2 cargo related incidents Cargo Damage, Loss or Shortage

The most fundamental principle underlying the carriage of goods by sea is that the carrier (a term which almost always includes the shipowner) is entrusted with another person’s property to transport it from one place to another. Therefore, if the cargo is lost or damaged in transit, the carrier will have to account for that loss or damage. The contracts under which goods are carried by sea generally determine the obligations and responsibilities of the carrier. In respect of any one voyage, there may be several related contracts. Sometimes the terms of all the contracts are consistent but often they will conflict with each other. In order to properly defend a claim for cargo damage, loss or shortage, the carrier must be able to demonstrate that it has fulfilled its obligations under the governing contract(s) of carriage, that the vessel was in an efficient state and that the cargo was cared for properly.

A seaworthy cargo ship is one which can take its cargo to sea without risk of danger and damage to either the ship or the cargo arising out of the ordinary marine environment or the failure of the ship. The concept of seaworthiness extends beyond the integrity of the vessel’s hull and machinery. The vessel must be properly equipped and manned with a competent crew who are well trained in all shipboard procedures. The vessel must be in good condition and must have everything it requires in order to perform properly.

In addition to the obligation to take good care to make the ship seaworthy, the Rules also impose an obligation on the carrier to take good care to look after the cargo from the time it is entrusted to him until the time that it is delivered to the receiver (see Hague Rules, Article III, rule 2). If the cargo, at the time of delivery, is lost or damaged, the carrier will be called upon to explain how the loss or damage occurred. The obligation on the carrier is to do everything necessary to deliver the cargo to the receiver in as good condition as when it was entrusted to the carrier.

If a particular cargo handling operation, which is the carrier’s responsibility, is not carried out properly, the carrier will be unable to avoid liability if loss or damage occurs to the cargo even if the master inserts into the statement of facts an endorsement stating that the carrier is not responsible. Such endorsements may be of evidential value for indemnity proceedings and the master may note on the statement of facts or in correspondence any irregularities relating to the cargo handling operations.