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SAFETY OF LIFE AT SEA MAINTENANCE
OF SHIPS
CHAPTER 15
India
is a party to several International Conventions protocol regarding
safety of life at sea and to give effect to the requirements of
these Conventions, suitable statutory provisions have been made
in the Merchant Shipping Act, 1958. The details of the Conventions
which have been developed by the International Maritime Organisations,
their date of entry into force and the ratifications of these Conventions
and protocol by India is given in Chapter X. The various parts of
the Merchant Shipping Act dealing with safety in one way or the
other are as follows:-
| Part |
Section |
Contents |
| V |
20-74 |
Registration
of Ships |
| VI |
75-87 |
Certificates
of Officers |
| VIII |
219-282 |
Passenger
Ship |
| IX |
283-344 |
Safety
(Cargo ships) |
| IX-A |
344
A-344 I |
Nuclear
Ships |
| XI |
353-356 |
Navigation |
| XI-A |
356-A-
356 I |
Prevention
of Pollution of the Sea by oil. |
-
Preparation
of rules by the Director General of Shipping after due consultation
with the industry where necessary. Thereafter approval of same
by the Government of India.
-
Prior publication
of the rules where so specified in the Gazette which would also
declare the date on which the rules shall come into force.
As per the recommendations
of the Review Committee established by the Government of India prior
publication of Rules in certain sections have been proposed to be
done away with as it is found that there is no public response on
the prior publication of the rules and therefore the exercise of
prior publication of the rules in the Gazette does not have a fruitful
meaning. The Government is actively considering the proposal.
-
Rules under
M. S. Act The rules under the M. S. Act are made under
powers conferred under various sections of M. S. Act. Such powers
are cited in the preamble to the rules. In cases where no such
particular powers are given, powers under Section 457 may be
use to carry out the general purpose of the Act. Non-compliance
with the rules is punishable under section 458 in addition to
any penalty prescribed under section 436 of the Act. Rules prior
to being enforced are required to be published in the Official
Gazette and are also required to be laid as soon as may be after
it is made before each house of parliament as specified in section
458(3). A list of rules framed under Merchant Shipping Act 1953
is given in Chapter I.
-
Enforcement
of provision of M. S. Act and Rules made thereunder:
-
Enforcement
machinery Mercantile Marine Department.
Mercantile Marine Departments were established in 1929 to administer
the various merchant shipping laws and rules relating to registration,
tonnage measurement, crew accommodation, loadline construction
and safety of ship, etc. Their other functions include multifarious
activities such as inquiries into shipping casualties holding
of examinations for Certificates of Competency prescribed under
Section 78 of the Act, inspection and approval of statutory equipment,
including life-saving appliances, radio and other navigational
aids, detection of overloaded and unsafe vessels, survey of vessels
on behalf of State Government etc.
-
Mercantile
Marine Districts The Indian coastline is divided in three
Mercantile Marine Districts and the areas of each of the Districts
is as per Annex 10. Each of the Districts is under the charge
of a Principal Officer.
-
Control of
D.G. for MMD Exemptions The Principal Officers in the
discharge of their duties are subject to the control of the
Director General of Shipping. The control, besides administrative,
is also statutory and extends to approval by the Directorate
of plans, relating to construction of ships, assignment of freeboards,
general and grain stability booklets, crew accommodation, tonnage
computation approval of machinery and other items of equipment
to be provided on board ships, grant of Certificate of Competency
and grant of exemptions and dispensations from statutory requirements.
The Director General of shipping alone has the powers to grant
dispensation/exemption in addition to the Central Government.
Powers to grant exemptions/dispensations from various technical
requirements have also been delegated to the Chief Surveyor
and Nautical adviser.
-
Organisation
of Mercantile Marine Department Mercantile Marine Departments
are manned by Nautical Surveyors, Engineer and Ship surveyors
and Ship Surveyors and Radio Inspectors. The surveyors are appointed
under Section 9 of the Act and Radio Inspectors under Section
10.
-
Technical guidance
to Surveyors All surveyors in the discharge of their
duties are guided by the rules made under the Act, MMD / DG
Shipping Circulars, IMO Conventions recommendations and publications
whenever adopted by the Central Government and M. S. Notices.
-
Power of Surveyors
Surveyors are authorised to board any Indian Ship at
any reasonable time and inspect the same to ensure compliance
with the M. S. Act under the powers given by sections stated
below:-
| Section |
27 |
For
tonnage |
| Section |
176 |
For crew accommodation |
| Section |
221 |
For passenger
ship |
| Section |
287 |
For collision
regulations |
| Section |
290 |
For L.S.A.
& F. F.A. |
| Section |
294 |
For Radio |
| Section |
315 & 323 |
For Loadlines |
| Section |
331 |
For Dangerous
Goods |
| Section |
332(4) |
For Grain Carriage |
| Section |
344(F) |
For Nuclear
ships |
| Section |
356(G) |
Prevention
of Pollution by Oil |
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Essential Certificates
- During of certificates - Surveys - Inspections
- Peculiar requirements applicable to passenger ships,
dry cargo ships and Tankers :
Certification of
Ships
-
General requirement
certification: - All ships for the purpose of issue of certificates
are required to be inspected by a surveyor of the Mercantitle
Marine Department. Certificates issued to ships are for prescribed
periods as explained below.
-
Passenger
ships: Every ship carrying more than 12 passengers is defined
as a passengers ship. Passenger ships are subjected to surveys
as specified below:
-
A survey
before the ship's put into service
-
A periodical
survey once every 12 months
-
Additional
surveys as occasion arises.
-
Surveys before
putting in service: - The Survey before the ship is put into
service shall include a complete inspection of its structure,
machinery and equipments, including the outside of the ship's
bottom and the inside and outside of the boilers. This survey
shall be such as to ensure that the arrangements, material
and scantlings of the structure, boilers and other pressure
vessels and their appurtenances, main and auxiliary machinery,
electrical installation, radio installation, radio-telegraph
installations in motor lifeboats, portable radio apparatus
for survival craft, lifesaving appliance, appliances for the
protection, detection and extinction of fires, pilot ladders
and other equipments, fully comply with the requirements of
the laws, decrees, orders and regulations promulgated by the
Central Government for the service for which it is intended.
The survey shall also be such as to ensure that the workmanship
of all parts of the ship and its equipments is in all respects
satisfactory and that the ship is provided with the lights,
means of making sound signals and distress signals as required
by the provisions of the Act and the rules made thereunder.
-
Periodical
Survey: - Passenger ship: The periodical survey shall include
an inspection of the structure, boilers and other pressure
vessels, machinery and equipment, including the outside of
the ship's bottom. The survey shall be such as to ensure that
the ship, as regards the structure, boilers and other pressure
vessels and their appurtenances, main and auxiliary machinery,
electrical installation, radio installation, radio-telegraph
installations in motor lifeboats, portable radio apparatus
for survival craft, life-savings appliances, fire detecting
and extinguishing appliances, pilot ladders and others equipments,
is in a satisfactory condition and fit for the service for
which it is intended and that it complies with the laws, decrees,
order and regulations promulgated by the Central Government.
The lights and means of making sound signals and the distress
signals carried by the ship also be subject to the above mentioned
survey for the purpose of ensuring that they comply with the
requirements of the Act and the Rules made thereunder.
-
Survey -
Accidents Defects - Passenger Ship: - A survey either general
or partial, according to the circumstances, shall be made
every time, an accident occurs or a defect is discovered which
affects the safety of the ship or the deficiency or completeness
of its life-saving appliances or other equipments, or whenever
any important repairs or renewals are made. The survey shall
be such as to ensure that the necessary repairs or renewals
have been effectively made, that the material and workmanship
of such repairs or renewals are in all respects with the provisions
of the laws, decrees, orders and regulations promulgated by
the Central Government.
-
Special Trade
Passenger Ships - Applicability: - Special trade passenger
ships which by definition means a mechanically propelled ships
carrying more than 30 special trade passengers are also required
to undergo surveys as indicated above but they shall be regulated
in particular by the rules relating to special trade passenger
ships.
-
Certificates:
-
-
Certification
- Passenger Ships: - certificates for passenger ships- passenger
ships are issued with the following certificates at the conclusion
of the inspections:
-
Passenger
Ships Safety Certificate and Special Trade Passenger ship
safety and space certificates for ships engaged on international
voyage.
-
Certificates
of Survey.
-
Certificates
'A' showing the details of the passenger spaces and number
of passengers that may be carried in such spaces for ships
engaged in domestic voyages.
-
Certificate
'B' in respect of special trade passenger ships issued under
sections 240 & 242.
-
I.O.P.P.
Certificate
-
International
Loadline Certificate.
-
Safe Manning
Certificate.
-
Procedure
for issue of certificates: - The Passenger Ship Certificate
shall be issued by the Mercantitle Marine Departments after
surveyor/s concerned has/have submitted to the owners a Declaration
of Survey. Such declaration of survey shall be issued only
if the surveyors are satisfied on completion of Survey that
the vessels comply in all respects with the requirements.
If a surveyors is not fully satisfied with the part or parts
of the ships under survey, he must either refuse his declaration
or refer the matter to his principal officer for satisfaction
who, in turn may refer the case to the Directorate General.
When surveys are carried out in one or more ports, surveyors
may issue declarations showing partial surveys. A surveyor
completing the survey should ensure from records available
and the master and chief engineer that the parts already surveyed
are maintained satisfactorily since the survey. Normally the
date when the hull or sea connections of the vessels were
last inspected in dry-dock, is an important date and the period
of validity of a certificate would depend on that date irrespective
of the date of actual complition of the survey or issue of
the certificate. In the matter of detailed surveys the surveyor
would be guided by passenger ship construction rules and the
instructions issued in that respect.
-
Action
in case of accidents to Passenger Ships:-
A passenger ship which suffering
damage: The master or owner of a passenger ship which has sustained
damage through accidents should report the same to the Central
Government as required by Section 350. Such report should indicate
the nature of the damage and the detailed narration of the events
leading to it along with extracts from relevant log books etc.
On arrival at a port in India, the ship shall be inspected by
a surveyor who would make an immediate report after making such
enquiries as necessary after obtaining statements from master
or other responsible officer were necessary. The report should
include the opinion of the surveyor as to whether the sea-worthiness
of the ship is affected. Where damage is of such a nature that
the efficiency of the hull or machinery or seaworthiness of the
ship is affected the passenger ship safety certificate should
be withdrawn. If the damage is of minor character and the surveyor
does not consider repairs necessary, no further action need to
be taken. A report in any case as indicated above should be sent
to the Director General through the Principal Officer.
-
Number
of passengers:- The Master and the owner shall at all times
ensure that the number of passengers carried does not exceed
the number permitted by the relevant certificate.
-
Cargo Ships:
-
Cargo ship
surveys Cargo ships are subject to survey as follows:-
-
Construction
Every cargo ships shall be subject to the following
survey before being put into service:-
-
(a)
The survey shall include a complete inspection of the structure
of the ship inside and outside, the inside and outside of
boilers and other pressure vessels, the main and auxiliary
machinery, electrical installations, steering gear, anchor
cables and other items of equipment to ensure that they
conform to the requirements of the appropriate rules and
regulations.
-
(b)
Periodical surveys once every five years to ensure that
all the above items are in a satisfactory condition and
fit for the intended service.
-
(c)
I) Besides, the cargo ships are subjected to annual surveys
and tankers of 10 years and over are also subjected to intermediate
surveys at halfway stage of the validity of full term safety
construction certificate.
-
II) Important
surveys such as drylocking, tailend shaft and auxiliary
boilers surveys have to be carried out as per Rule 73 of
M. S. (Cargo Ship Construction and Survey) Rules 1991.
-
Whenever a
ship has suffered any damage or when a defect has been discovered
affecting the efficiency of the hull and machinery.
-
Safety
Equipment - The safety equipment of cargo ships consisting
of life saving appliances, appliances for the prevention
detection and extinction of fires, lights and shapes and
means for making sound signals shall be examined initially
and thereafter once every one year.
-
Radio telegraphy
& telephony Every Indian cargo ship of 1600 tons
and above fitted with radio telegraphy and every Indian
ship of 300 tons and above fitted with radio telephony shall
be examined initially and thereafter annually to ensure
that the above equipment comply with the requirements of
the rules and are being maintained satisfactorily.
-
Load Lines
Every Indian ship unless exempted shall be assigned
a load line and be surveyed as follows:-
-
(a)
An initial survey of the structure of the ship and all the
closing appliances to ensure that they comply with the load
line rules ;
-
(b)
An annual survey of all closing appliances and load line
marking; and
-
(c)
A periodical survey once every five years of the hull internally
and externally to ensure that it is in a satisfactory condition
along with all the closing appliances.
-
Certificates
: - Cargo ships engaged on International changes are to
be in possession of the following certificates :-
-
1.
Cargo ship Safety Construction Certificate.
-
2.
International Load Line Certificate.
-
3.
Cargo ship Safety Equipment Certificate.
-
4.
Cargo ship Safety Radio Certificate.
-
5.
IOPP Certificate
-
6.
Safe Manning Certificate
-
15.7.7
Cargo ship engaged on coastal voyages shall be in possession
of :-
-
(a)
Cargo ship Construction Certificate
-
(b)
Government of India Load Line Certificates.
-
(c) Cargo
ship Equipment Certificate
-
(d)
Cargo ship Safety Radio Certificate
-
(e)IOPP
Certificate
-
15.7.8
Tankers carrying chemicals and liquefied gases must carry
an appropriate certificate of fitness in addition to above
certificate.
-
15.8.0
Procedure of surveys required for statutory certificate:
-
15.8.1
Surveys carried out by Mercantile Marine Departments:
Surveys and inspections for issue
of Cargo ships safety equipment certificate and cargo ship safety
Radio Telegraphy certificate to cargo ships and for issue of Passenger
ship certificate are carried out by surveyors of the Mercantile
Marine Departments principally at the ports of Jamnagar, Mumbai,
Goa, Chennai, Cochin, Visakhapatnam, Calcutta, Port Blair and Tuticorin.
-
Surveys and
inspections for ensuring that the vessel complies with Cargo
ship constructions rules and the loadline rules are also carried
out by the Surveyor of the Mercantile Marine Departments.
However, notified classification societies have been authorised
to issue international load line certificate. They are also
authorised to issue a short-term cargo ships safety construction
certificate of six months duration only. Classification societies
are required to submit reports of inspection of cargo ships
to Principal Officers of Mercantile Marine Departments, who,
if satisfied in all respects, will issue cargo safety construction
certificate for period as recommended by the surveyor of for
such shorter period as deemed fit by him.
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ISM Code
Considering that around 80% of all shipping accidents
are caused by human error and that act or omission of a human
being plays some part in virtually every accident, including
those where structural of equipment failure may be the immediate
cause, the IMO has developed International Management Code
for the safe operation of ships and for pollution prevention
(ISM Code). The ISM code establishes an international standard
for the safe Management & operation of ships by setting
rules for the organisation of company management and for safe
management and operation of ships in relation to safety and
pollution prevention and for the implementation of a safety
management system (SMS). Under this code a shipping company
is expected to qualify for a document of compliance and a
safety management certificate for each of their vessels. The
documents used to describe and implement the SMS is referred
to as the "Safety Management Manual". Documentation
should be kept in a form that the company considers most effective.
Each ship should carry on board all documentation relevant
to that ship. The code is becoming effective for Passenger
vessels, Tankers, Chemical carriers, bulk carriers from July'
98 and for others not later than July 2002. It is being included
in SOLAS as chapter IX. The G.O.I. will partially delegate
this work to the recognised organisations, however, control
will remain with Administration.
-
Surveys -
Procedure to be followed:
-
Procedure
for surveys :- The Master, shipowners and their agents requiring
the services of a surveyor of the Mercantile Marine Department
shall apply to that Department at least 3 days in advance
on form survey I after paying the prescribed fees. If
the survey is to be made at a port not designated in
para 15.8.1 then the application should be made as much as
in advance as is possible and in any case not less 7 days
prior to the date of survey. This is necessary, as prior arrangements
with respect to work and travelling arrangements have to be
made before a surveyor leaves his headquarters.
-
Preparation
for survey: - The shipowner or his representative should,
prior to the date of a survey, keep in touch with the Surveyor
concerned, so that Surveyor's instructions if any, in respect
of the preparation for the survey can be carried out. In order
to save time of the Surveyor as well as that of the ship,
it is considered essential that the parts of the ships to
be inspected should be ready in all respects. At every inspection
or survey, the shipowners representatives should at all times
be present. Addition to the normal facilities for washing
and changing, Surveyors should at all times be provided with
safe access to areas that he is required to inspect.
-
Documents
required The Surveyors when examining / inspecting
any items of ship equipment or any part of the ship or its
machinery shall be guided by the documents provided on board
the ship as (a) approved plans indicating the state of the
ship when first built showing any changes therein subsequently
with prior approval (Approved as fitted plans and changes
approved subsequently) (b) list of equipment shown
in documents such as record of safety equipment and (c) any
other documents approved by the Government. Such documents
should at all time be kept ready for perusal of the Surveyor.
-
Frequency
of visits :- Surveys are generally carried out in two parts
Viz. (a) when a surveyor examines for the first time the patys
of ship, its machinery or items of equipment and details out
to the shipowners representatives a list of the deficiencies
that he has observed and the defects and repairs which require
to be carried out. (b) when the deficiencies pointed out by
the surveyor are rectified, and the surveyor ensure that the
repairs and renewals have been carried out satisfactorily.
In case of safety equipment surveys, a short visit is also
necessary when a surveyor witnesses the boat and fire drills
carried out on board under the direction of the Master. As
far as possible all items that are to be inspected on any
one ship by any surveyor should be ready at the same time.
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Deficiencies
Found During Survey:
-
Deficiencies
As stated in para 15.9.4 after a surveyor has conveyed
the deficiencies and defects and his recommendation therefor,
the owner's representative shall ensure that same is rectified
and shall not, irrespective of the validity of the existing
certificate, permit the vessel to sail.
-
Procedure
when deficiencies cannot be rectified Where a ship
owners representative is unable to rectify the defects for
reasons beyond his control or carryout recommendation without
undue delay to the ship or without making undue alteration
in the gear or structural arrangements involved he will inform
the surveyor giving the reason why it is not possible to reasonably
comply with the same. He should also state the alternative
arrangements if any that is proposed to be made.
-
Alternative
arrangements - The surveyor on receipt of the communication
described in 15.10.2 irrespective of whether the survey is
complete or not inspect the item concerned. If the alternative
proposed do not comply with the rules he shall forward a report
in respect thereof to the Director General through Principal
Officer, MMD as early as possible for approval. Such report
should include the Surveyor's observation and his recommendation
on the alternative arrangements proposed.
-
Grants of
exemption On receipt of the report of the surveyor,
the Directorate shall consider the report for approval. Where
this involves granting an exemption, the period for which
it is valid and the condition of its validity shall be stated.
Each case of exemption shall be dealt with on its own merits
and no exemption shall be considered to be a precedent. If
an exemption has a period of validity the statutory certificate
issued therewith shall carry similar validity.
-
Expiry of
terms of exemption: At the expiry of the term for which the
exemption certificate was issued, the surveyor at the port
where such period expires shall on application by the shipowner
carry out an inspection and shall report to the Director General
whether the defect / recommendation have been rectified /
carried out and if not reasons of the shipowner along with
his recommendations in respect of its extension.
-
Short term
exemptions Exemption for short term are granted only
to facilitate the shipowner to sail the ship without unreasonable
delay or to arrange planning of repairs in a rational way.
Shipowners are therefore strongly advised to comply with the
condition of exemption and to ensure completion of recommendation
/ alteration within the exemption period.
-
Whenever
exemptions are issued on permanent basis with or without condition
for any statutory requirement an exemption certificate shall
be granted along with the relevant certificate as provided
for in Section 316(1)(aa). Section 302 and Section 303(1B).
-
Extension of
Certificates:
-
Extension of
certificates in India - In Indian waters: Whenever a vessel
is in port in India with an expired statutory certificate and
it is not possible to carry out the survey due to non-availability
of necessary repair facilities or other causes, the Principal
Officer concerned may permit the ship to proceed from that port
to another port of survey in India. Such extensions shall not
exceed a period of one month.
-
Extension of
certificates abroad - Whenever an Indian ship arrives at a port
abroad and her certificate is likely to expire, the Master shall
intimate the nearest Indian Consular officer authorised to deal
with extension of certificates telegraphically giving him details
of further voyage. The Consular Officer on receipt of this information
shall extend the certificate for an adequate period to enable
the vessel to return to a port in India but in no case shall
such period exceed five months. Where a vessel is not likely
to return to India, the Consular Officer may either request
the local administration at that port for a survey and issue
of an appropriate certificate on behalf of the Government of
India or extend the certificate to enable the vessel to reach
her next port of call where such survey facilities are available.
-
Damages affecting
validity of certificates:
-
Damages or
Casualties to ships abroad: - Whenever a ship has sustained
damages or caused any accident Masters of ships shall be guided
by the contents of Section 350. Whenever a ship is abroad the
report shall be sent to the Principal Officer, Mercantile Marine
Department at the port of registry with a copy to the Director
General of Shipping and the report in such case should state
whether the validity of any of the certificates was affected.
This should also be reported to the nearest Indian Consular
Officer who will arrange the vessel to be surveyed by a Surveyor
of the local administration if necessary.
-
Damage done
to ships enroute to India or in India - If the ship is due to
arrive in India or is at an Indian port when the damage is caused,
the Master shall inform the Principal Officer, Mercantile Marine
Department of the district concerned, who will arrange for an
appropriate inspection by a surveyor to supervise the repairs
and renewals to ensure that the vessel is satisfactory in all
respects. Masters are advised that whenever machinery hull or
equipment is damaged to an extent where they seriously affect
the validity of statutory certificates and therefore seaworthiness
they should as far as possible make for the nearest port commensurate
with safety and the intended voyage.
-
Inspections
for issue of other statutory certificates:
-
Miscellaneous
Inspections: Registration: (See also Chapter VI) under Rule
5 of M. S. Registration of Indian ships a Surveyor is required
to survey a vessel.
These surveys are
-
To carry
out measurement of tonnage and
-
To ensure
that the vessel complies with M. S. Crew Accommodation Regulations.
On full compliance the Surveyor
shall issue a certificate of survey, indicating therein particulars
of the ship as are required to identify the ship's net register
and gross tonnage. On receipt of the certificate of survey, the
registrar shall have the ship inspected by a Surveyor. The markings
are to be carved in accordance with M. S. Registration of Indian
ships rules, 1960. Whenever a vessel is abroad and requires to be
inspected either for issue of certificate of survey or for carving
and marking, the owners may apply to the registrar sufficiently
in advance giving him details of the vessel's itinerary. The registrar
shall then refer the matter to the D. G. Shipping for guidance.
Normally surveys for the above are carried out on behalf of the
Government of India by the Surveyors of the national administration.
In exceptional cases, these surveys may be carried out by a recognised
classification society.
-
Inspection
of Overloaded Ships: Submersion of loadlines:
-
An Indian
ship under Section 313 and any other ship under Section 326
shall not be so loaded as to submerge in salt water, the appropriate
load line of the ship.
-
Whenever
any ship is reported to be so loaded in an Indian port the
vessel shall not be permitted to sail till a surveyor boards
the vessel and verifies the truth of the report.
-
A surveyor
boarding a ship to ascertain overloading shall examine all
aspects and ascertain for himself whether the vessel is in
fact so loaded. In reaching these conclusions, he may, besides
the midship freeboards and the list, take into account, draft
fore and aft, ballast in tanks, cargo loaded, fuel and fresh
water on board and the quantity to be consumed prior to reaching
sea and rubbish etc. on board.
-
Where a vessel
is overloaded she may be detained until she ceases to be so
loaded. In case of a ship other than an Indian ship, the consular
officer of the country concerned should also be informed.
-
The Principal
Officer, MMD, may launch action against the master under section
436(2) for default of section 312 after considering all aspects
of the case. In all such cases a report shall be forwarded
to D.G. Shipping.
-
Where a ship
arrives at an Indian port in an overloaded condition, similar
procedure as stated in proceeding paragraphs be followed and
action under Section 436 shall be Institute.
-
Inspections
for carriage of dangerous goods:-
-
(A)
Provision of Cargo Securing Manual for General Cargo Vessels
Regulation 5.6 of chapter VI
of SOLAS: - All general cargo vessels shall require to have on
board securing manual latest by 1.12.97.
-
(B)
Dangerous Goods: (a) Carriage of dangerous goods on board ships
is governed by the following :-
-
Section 331
and the rules made thereunder; and
-
The International
Maritime Dangerous Goods Code published by IMO as amended
from time to time.
-
M. S. (Carriage
of Dangerous Goods Code) Rule 19 lays the responsibility
of proper packing, labelling and of documentation on the shipper
and the responsibility of proper carriage and stowage on the
master.
-
A ship contravening
any of the provisions of the rules shall in addition to any
other action be detained till the vessel is no more in an
unsafe condition within the meaning of sub-section 5 of Section
331 of the Act.
-
Sub-section
3 of Section 331 requires owner, master or agent of a ship
intending to carry dangerous goods to furnish details as specified
to an authority prescribed. However, the responsibility for
safe carriage lies with shipper and Master. The MMD may call
for cargo plans to ensure full compliance with the rules and
masters are advised to keep such palms ready along with details
of the dangerous goods, their packing, stowage etc. at all
times.
-
Masters of
ships carrying explosives i.e. dangerous goods defined under
Class 1 of IMC Dangerous Goods should not, however, load such
cargoes without prior approval of the Mercantile Marine Department.
-
Ships carrying
chemicals or inflammable goods in bulk if certified by duly
authorised authorities in compliance with the relevant IMO
Code need not be inspected by MMD, unless non-compliance with
such requirement is reported. Vessels not so certified may
apply to Principal Officer MMD for necessary survey. Ships
carrying dangerous chemicals in bulk liquid form must carry
a Certificate of Fitness for the carriage of such cargo issued
in pursuance of IMO Code for the construction and equipment
of the ships carrying dangerous chemicals in bulk (BCH/IBC
Codes). Similarly, ships carrying inflammable gases in bulk
must carry a certificate of fitness for the carriage of such
cargoes issued in pursuance of IGC Code.
-
Shippers,
masters, etc. are advised that total compliance with the provisions
of the IMO Dangerous Goods Code is essential in the interest
of safety of life and property at sea. No departure shall
be approved unless the alternative arrangements are considered
equivalent to those specified commensurate with safety,
nature of the goods, the proposed stowage and the nature of
the voyage.
-
Inspection
pertaining to Certificate of Compliance for carriage of Dangerous
Goods in pursuance of SOLAS II-2, Reg. 54 and Appendix B of
Solid Bulk Code and issuance of Certificate thereafter is
carried out by the Administration in accordance with Second
Schedule [(Rules 9(3), 14(6)] of M.S. (Carriage of Cargo)
Rules 1995.
-
Inspection
for carriage of grain :- Carriage of Grain:
- Carriage of grain in
bulk is regulated by the provisions of:-
- Carriage of Cargo Rules
- Section 331 A and 332
- Chapter VI of SOLAS
Convention 1974.
- Shipowners and masters
are advised that prior to carriage of grain the ship should
be furnished with a plan called the grain loading plan approved
by the Director General of Shipping under sub-section 3
or 4 of Section 331 A an Indian ship, if intending to load
grain abroad does not carry an approved grain loading plan,
the owner may apply to the Director General for approval
of such a plan by the Government of the country as provided
under sub-section 4 of Section 331 (A) of the Act. Such
application should give details of the ship, type and quantity
of grain to be loaded and the port at which the ship is
to be loaded. As far as possible adequate notice should
be given in such cases to enable such approvals to be made
in sufficient time.
- A ship loading grain
should strictly comply with the grain loading plan in respect
of stowage arrangement and stability of the ship.
- A ship arriving in India
with grain in bulk shall comply with sub-section 3 of Section
332 and give notice to the Customs and the Principal Officer,
MMD, stating the details required by the section.
-
General Inspections
-
The surveyor
of the MMD under powers stated in para 15.4.6 are also required
to inspect all ships to ensure that the conditions under which
various statutory certificates were granted are maintained.
For this purpose a surveyor may board a ship at any reasonable
time and inspect part or parts as he deems necessary.
-
A vessel which
by reason of defective condition of her hull equipment or machinery
or by reason of improper loading is considered unsafe shall
be detained as provided for in section 336 of the Act.
-
Inspection
of proto-type safety equipment manufactured indigenously for
use on board ships :
-
Inspection
of proto-type equipment: - When surveys and inspections under
15.9 are carried out, surveyors are required to ensure that
all item of equipment contributing to safety are of an approved
type. Approved means approved by the government of India.
-
Where a manufacturer
desires an approval for a certain item of equipment, he may
apply to the Principal Officer, MMD of the District in which
his factory/works are located. Such application should state
details of the equipments along with working drawings , particulars
of materials used, and the tests carried out if any. Every
such applicant should bear in mind that the process of approval
is necessary to ensure that a component or equipment meets
the standard of performance under actual working conditions
without failure. The specification for each component/equipment
shall be as generally specified in the relevant rules.
-
The Principal
Officer, on receipt of the applications shall appoint a surveyor
or surveyors to carry out the necessary tests or inspections.
Where tests are required on items of equipment for which details
are not specified in the appropriate rules, Principal officers
should obtain guidance from the Director General of Shipping
as to the tests to which they should be subjected. It is also
desirable that at important tests technical officers in the
D.G. Shipping should be present to avoid duplication. Wherever
possible , tests should be carried out at the national test
house or other approved testing houses and witnessed by the
surveyor. In carrying out tests the surveyors shall be guided
by the instructions issued in that respect. Any failure of
a test must be conveyed to the applicant in writing with a
copy to the D.G. Shipping.
-
At the conclusion
of the specified tests surveyor shall submit a report on the
equipment to the Director General through Principal Officer,
MMD stating therein, with reason, suitability or otherwise
of the equipment for the purpose intended.
-
On receipt
of the report at the Directorate General of Shipping it shall
be examined by the technical advisers. The Director General
on their advice may then grant an approval which may be provisional
for a specified period. The surveyors are required to watch
the quality of the equipment during shipboard use and report
its suitability in case of any adverse reports in respect
of an approved equipment the Director General may suspend/withdraw
the approval so granted. If an investigation proves conclusively
that the equipment manufactured is no more suitable for the
purpose intended the approval shall be withdrawn. In cases
where it is revealed that the manufacturer has intentionally
used sub-standard material or has deviated from the specification
knowingly the name of the manufacturer may be blacklisted
and approval to all other equipment manufactured by him may
be withdrawn permanently.
-
Navigation:
-
Navigation
Publication Shipmasters are advised that they should
ensure that latest copies of the following documents are available
on board their ships.
-
Notices to
Mariners published by Chief Hydrographer, Deharadun.
-
Admiralty notices
to mariner.
-
Hydrographic
charts and publication.
-
Routing and
traffic separation scheme.
-
Navigation
as an art to take a vessel from one port to another has made
rapid strides in the last three decades with electronics making
its major contribution. However, this has not reduced the
burden of responsibility on the watch keeping officers and
masters.
-
Watchkeeping:
- IMO recommendations with respect to watch keeping published
with the M. S. Notice No. 5 of 1975 clearly indicates the
duties and responsibility of the Watch Keeping Officers. Experience
has shown that accidents are caused and do not happen. An
accident to a ship in addition to causing structural damage
may: -
-
Cause pollution
in the area due to spillage of oil or other dangerous cargoes.
-
In case of
foundering etc. leave behind a potential danger to navigation.
-
Cause indirect
losses to those whose cargo is carried on board.
-
In order therefore,
to ensure safety of navigation at all times shipmaster must
ensure that the ships under his command carry up-to-date publications
such as charts sailing directions, list of lights Radio signals,
notices to mariners published by Indian authorities, admiralty
and where applicable by local authorities and routing and traffic
separation scheme etc. It shall be considered the duty of shipowner
to ensure that the master is supplied with these as soon as
possible after they are published.
-
Danger to Navigation:
Attention of Master is drawn to M. S. Navigational Warning rules,
wherein duties of masters who encounter dangers to navigation
are detailed.
-
Weather
One of the major hazards still existing at sea inspite of all
the modern development is uncertain weather and solution to
it is a good forecast. Sea areas being large, establishment
of sufficient observation station at sea, as on land is not
possible. Ships at sea, therefore, invited to make these reports
on a voluntary basis. Ship's officers and masters should take
cognisance that their reports are an essential step to good
forecasting. It should be remembered that the weather observations
made by them are not only useful to themselves but as a little
thought would show they also do contribute to safety and progress
of fishing and off shore drilling at sea and agriculture ashore.
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