- •Common carriers
- •Private carriers
- •4. Common law obligations of carriers. Common law exemptions from carriers liability ynder the Hague-Visby Rules. Common low obligations of carriers
- •Common law exceptions from liability
- •5. Type of loss. Example of atl and ctl
- •1) Actual total loss (atl) may occur in 4 ways:
- •2) There is a constructive total loss (ctl) in the following cases:
- •1) Фактические суммарные потери (atl) могут возникать четырьмя способами:
- •2) Существует конструктивная полная потеря (ctl) в следующих случаях:
- •6. Particular average: definition. Particular average compared to general average. Example.
- •The main objectives of the York-Antwerp Rules. Rule a ga definition.
- •Extraordinary expenditures and sacrifices. Examples.
- •Interested parties in ga and their relative interests in the maritime venture.
- •Documents and evidence required from a ship in case of ga.
- •Cargo related incidents— documentary evidence
- •11. Ships agent and surveyors in ga. The procedure and the purposes of noting a sea protest.
- •12. Collisions: definition. Evidence prior to a collision and after a collision.
- •13. Sea protest. The structure of sp. The procedure and the purposes of noting a sea protest.
- •Evidence required in a collision when a vessel is under pilotage, anchored or moored.
- •Vessel under pilotage or in congested waters
- •Vessel moored
- •Interactive Root Causes Analysis. Definition. The main purpose of irca. 5 Whys method.
- •The main purpose of accident investigation and the main reasons for doing it.
- •3 Cause levels. Their definitions and examples.
- •Direct causes
- •Root causes
- •Reporting incident and accident onboard. The key stages in the accident investigation.
- •Near miss reports
- •Frauds with documents and cargo. Four scenarios.
- •Common law obligations of carriers. Common Law exemptions from carrier’s liability.
- •The objectives of the Hague-Visby Rules. Liabilities of carrier under the Hague-Visby Rules.
- •The exemptions from the carrier’s liability under the Hague-Visby Rules: Article 4, Rule 2(a).
- •Types of loss. Examples of actual total loss and constructive total loss.
- •Particular average: definition. Particular average compared to general average. Examples.
- •The main objectives of the York-Antwerp Rules. Rule a: ga definition.
- •Extraordinary expenditures and sacrifices. Examples.
- •Interested parties in ga and their relative interests in the maritime venture.
- •Documents and evidence required from a ship in a case of ga.
- •Collisions: definitions. Evidence prior to a collision and after a collision.
- •Sea protest. The procedure and the purposes of noting a sea protest.
- •Evidence required in a collision when a vessel is under pilotage, anchored or moored.
- •18.Interactive Root Cause Analysis illustrated with one of the cases.
- •The main purpose of accident investigation and the main reasons for doing it.
- •20. Reporting incidents and accidents on board. The key stages in the accident investigation.
- •4. 3 Purposes for deviation from the route of the voyage.
- •8.Ga contribution , bond and guarantee.
- •9.Ga adjuster and ga adjustment.
- •10.Ship’s agents and surveyors in ga.
-
Documents and evidence required from a ship in case of ga.
-
Documentary evidence
-
In a claim for cargo loss or damage, the documents listed below should be assembled whenever possible and numbered in consecutive order. They should then be referred to in the master’s report which is discussed in the next section. It is recognised that in certain instances these documents will be more easily available from the shipowner’s office, but if they are available on the vessel and attached to the report they will be of great assistance in limiting the amount of commentary which has to be included in the report. The documents are as follows:
-
Cargo related incidents— documentary evidence
1. |
A convenient plan of the vessel which includes a description of the distribution of hatches and holds, the position of the vessel’s equipment, the distribution of double bottom tanks, wing tanks and peak tanks and capacities; |
2. |
Vessel’s tonnage certificate; |
3. |
Class certificates including recommendations, reservations, and conditions of class at the time of the loss or incident; |
4. |
Crew list; |
5. |
Reports of the master or deck or engineer officers on regular inspection and maintenance of the vessel and her equipment; |
6. |
Standing orders for regular inspection and maintenance of vessel prior to sailing; |
7. |
Inspection, repair, and maintenance schedules; |
8. |
Inspection, repair, and maintenance logs; |
9. |
Repair and maintenance accounts; |
10. |
Records of steel thickness; |
11. |
Shipboard management system, owner’s verification records, internal and external audit records; |
12. |
Corrections and maintenance records for nautical publications; |
13. |
Technical manuals and operators’ manuals; |
14. |
Repair records from outside contractors; |
15. |
Condition reports; |
16. |
Crew documents, qualifications certificates of competency, manning certificates; |
17. |
Certificate of fitness (chemical and gas carriers); |
18. |
Cargo system and auxiliary system test and calibration records; |
19. |
Performance/specification/manufacturer’s date of cargo handling equipment/systems; |
20. |
Vessel’s deadweight/freeboard calculations; |
21. |
Vessel’s calculation of bending moments in various stages of employment; |
22. |
Stability calculations; |
23. |
Mate’s receipts; |
24. 25. |
Bills of landing; Charterparty (-ies); |
26. |
Draft surveys with all accompanying calculations; |
27. |
Letters of protest; |
28. |
Deck log abstracts for the period of loaded voyage including loading and discharging operations and the period or voyage before loading if, during this time, heavy weather was encountered or hold cleaning was carried out; |
29. |
Ventilation records if not included in the deck log; |
30. |
Temperature records if not included in the deck log; |
31. |
Bilge sounding records if not included in the deck log; |
32. |
Engine logs for the same period; |
33. |
Statement of facts at load and discharge port; |
34. |
Time sheets at load and discharge port; |
35. |
Notice of readiness at load and discharge port; |
36. |
Tally sheets at load and discharge port; |
37. |
Cargo manifest; |
38. |
Cargo preparation procedures and records; |
39. |
Inspection records, surveyor’s reports, draft survey calculations prior to loading; |
40. |
Cargo handling equipment test records; |
41. |
Cargo isolation/segregation procedures and diagrams ; |
42. |
Cargo log book entries; |
43. |
Cargo calculation records before and after loading; |
44. |
Cargo security methods and plan; |
45. |
Reports of laboratory analyses of cargo samples; |
46. |
Hatch closing/sealing procedures; |
47. |
Stowage plan (for each port if cargo loaded at several load ports); |
48. |
Course recorder printout; |
49. |
Echo sounder rolls, engine telegraph recorder; |
50. |
Empty Hold Certificate; |
51. |
Integrated bridge system printouts; |
52. 53. |
Cargo/ballast/fuel records; Routine position reports; |
54. |
Working chart (with the original markings) if the course or incidents of the voyage were unusual; |
55. |
Correspondence with charterers, shippers, agents, stevedores, supercargo, or any person or organisation involved in cargo handling operations including pre-arrival notice of readiness, part clearance/health clearance, documentation; |
56. |
Copies of all cables or radio messages received by the vessel in particular, demonstrating the weather encountered, contact with other vessels, and Ocean Routeing (or similar) messages; |
57. |
Photographs demonstrating the condition of the vessel, weather encountered, methods of loading and discharging of the cargo, and stowage of cargo - These will greatly enhance owners’ case in the event of disputes. In addition, a note should accompany the photographs identifying when they were taken, by whom, and what they purport to depict. The negatives should be carefully preserved; |
58. |
Videos — There is an increasing possibility that vessels will carry video equipment, and these can and should be used to identify obvious deficiencies in loading or discharging techniques, methods of stowage, or heavy weather encountered; |
59. |
Computer printouts — If the vessel has on board a computer capable of doing stability, draft, and trim calculations, the printouts or recorded disks should be preserved. |