Rule 2 - Responsibility

Transcription

1 (a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstance of the case. (b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger. 1

2 The aim of Rule 2 is: Emphasize the need for safety Comply strictly with the Rules Take safety measures required by Good seamanship Any particular circumstance 2

3 Paragraph (a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. 3

4 Keywords Any vessel The Owner The Master Rule 2 - Responsibility The crew Consequences any neglect to comply with these Rules Neglect of any precaution Ordinary practice of seamen Special circumstances of the case 4

5 Any vessel Rule 2 - Responsibility Power-driven, sailing, small, large, etc. 5

6 The Owner Before Before, the owner was an individual who owned one or several vessels. 6

7 The Owner today Today, ship owners are either companies or multinationals who are more interested in making money than handling ships. They hardly see the ships; they mainly see the financial reports 7

8 THE OWNER Rule 2 - Responsibility Owners only have one motto: Time is Money IS 8

9 THE OWNER - Costs Before, the cost of ships were calculated per day Today they are calculated per hour Profits can be increased in two ways: 1. Increase the freights 2. Reduce the ship s running costs Owners usually have no impact over the freights which are bound by the markets 9

10 THE OWNER - Costs Conclusion Most ship owners try to reduce the ship s costs by: Putting the ship s business ahead of the ship s safety Putting their masters under pressure Recruiting the cheapest seamen Paying minimal wages Cutting costs wherever and whenever they can Lowering living and working conditions for the crew Etc.. However Ship owners have to guarantee the seaworthiness of their ships at all time (????) To increase their benefits, ship owners do not hesitate to flag out their ships to a Flag of Convenience 10

11 THE OWNER - Seaworthiness The seaworthiness of a vessel is the fitness to encounter the hazards of the sea with reasonable safety. This encompasses : Having a sound hull, Be fully and competently crewed Be sufficiently fueled and provisioned for the planned voyage Be fully equipped Have her equipment in working order If she carries cargo, be cargoworthy Etc. 11

12 Flag of Convenience Ships (FOC) Flag of Convenience Ship are ships registered in a country (and hence flying its flag), whose tax on the profits of its trading ships is low or whose requirements concerning manning and/or maintenance are not stringent. Small FOC vessels are usually older than the average age of the world fleet Large FOC vessels (VLCC s and ULCC s) are often newer and younger Why do Owners flag out their vessels Cheap registration fees Low or no taxes Employment of cheap labour Employment of incompetent crews 12

13 Flag of Convenience Ships (FOC) Most claims by Port State Control involve badly maintained and manned (FOC) vessels Most of these vessels should never have gone to sea. Some of them deserve to be called floating coffins 13

14 Charterers A charterer is a person or an enterprise hiring a vessel for the carriage of goods or passengers or both Just like the Ship Owner, they want the goods at the port of destination on time and in good condition They too, put a great deal of pressure on the shipping companies and their masters 14

15 THE MASTER The Master is the commander of a merchant ship He is the mandatory of the ship owner to whom he has to render account 15

16 THE MASTER MAIN RESPONSIBILITIES The navigation of the vessel The management of the vessel The safe operation of the vessel 16

17 THE MASTER MAIN RESPONSIBILITIES The safe operation of the vessel 17

18 THE MASTER MAIN RESPONSIBILITIES The seaworthiness of the ship Etc Du to modern technology and better communication, the shore-based office has gained control over the operation of the vessel and has increasingly undermined the master s position The Master, Chief Officer and Surveyor have examined the vessel 18

19 THE MASTER MAIN RESPONSIBILITIES In spite of all this, the master remains the one who takes the responsibility and makes the decisions over the navigation and management of the ship He must show good seamanship at all time and ascertain himself that the rest of the crew also exercises it.. in spite of the orders he may receive from the Ship Owner or the Charterers 19

20 THE CREW The crew comprises the personnel engaged on board a ship, excluding the Master and officers and the passengers if any are carried On merchant ships there are 3 departments: 1. The deck department with the officers (officers of the watch OOW) a boatswain and several sailors called OS s and AB s 2. The engine department and, 3. The catering department Depending on the type of ships, the crew can also comprise a carpenter (chips), several pump men, refrigerating engineers, etc. oceanexplorer.noaa.gov 20

21 THE DECK CREW - MAIN DUTIES Cast off the ship at departure Moore the ship on arrival 21

22 THE DECK CREW - MAIN DUTIES At sea Maintenance work (cleaning, painting, repairing etc.) Steer the vessel, keep watch 22

23 THE DECK CREW - MAIN DUTIES In port Keep watch Help with loading and discharging operations as necessary Maintenance, repairs 23

24 THE CREW Rule 2 - Responsibility The safety of a ship mainly depends on the professional competence of its crew Therefore, a fluent communication between all crewmembers is of paramount importance It is not uncommon that on some ships, between 5 and 10 different languages are spoken 24

25 THE CREW The LANGUAGE BARRIER causes a lack of communication and may be the reason whether a ship is saved or lost. 25

26 Radio communication Radio communication (VHF) between ships at sea is of primordial importance At sea, the main language is English Always speak loud and clear Speak sufficiently slow and properly articulate each word Assure yourself that the other party clearly understood your message especially in case of an avoiding action being agreed on Make the other party repeat your message to ascertain yourself he understood you correctly Regularly exercise your knowledge of the English terminology on the Colregs using : (Click on Dictionaries and Colregs) 26

27 THE CREW Nearly 80% of all accidents on board ships are due to human error. The main causes are : news.bbc.uk Crew insufficiently trained (especially in safety) Crew underpaid Crew overworked (fatigue) Crewmembers unable to communicate with each other Etc 27

28 GENERAL CONSIDERATIONS Rule 2, Par. (a) of the Colregs stipulates clearly that at all time : The Rules must be complied with as laid down in the Colregs The Master or the OOW must take the necessary safety steps in special situations or in situations not covered by the Rules In both cases he must : Act with good seamanship and Have due regard to any special circumstance. 28

29 ANY NEGLECT TO COMPLY WITH THE RULES - Not maintaining a proper look-out (Rule 5) - Not keeping a safe speed when necessary (Rule 6) - Not using all available means to avoid collision (Rules 7 & 8) - Not taking bearings of crossing vessels (Rule 7(d) (i)) - Not making a proper use of radar (Rule 7(b) - Not keeping to the Sb-side of a narrow channel (if possible) (Rule 9) - Not making a proper use of a traffic separation scheme (Rule 10) - Not observing the Steering and Sailing Rules (Part B) - Not carrying the correct navigation lights and shapes (Part C) - Not sounding the fog signals (Rule 35) 29

30 - Not checking if sails of a sailing vessel hamper the visibility of the navigation lights - No navigation lights in restricted visibility by day (Rule 20) - Not sounding the fog signals when approaching an area of restricted visibility (Rule 35) - Not checking if the sound of a fog signal is impaired by an obstruction - Etc 30

31 GOOD SEAMANSHIP Good seamanship means: Strict observance of all Colregs requirements Take all measures to avoid collision Based on knowledge and Based on experience Thus: Observance of the Rules Professional conduct in circumstances not covered by the Rules art.allayers.com 31

32 GOOD SEAMANSHIP Precautions required by good seamanship Check if the lights are really burning Avoid yawing when required to keep on course Answer any fog signal Keep clear of a vessel at anchor Reduce speed in shallow waters Avoid inappropriate use of mobile phones Etc. Act with your experience and common sense 32

33 GOOD SEAMANSHIP Rule 2 - Responsibility Precautions required by good seamanship W3.qtm.net Keep clear of anchored vessel Check if lights really burn Avoid inapropriate use 33

34 GOOD SEAMANSHIP BASED ON KNOWLEDGE AND EXPERIENCE Know your ship before going to sea Know the manoeuvring characteristics of your ship Know the manoeuvring limitations of your ship Use a pilot in unfamiliar waters Make a proper use of the AIS Etc 34

35 BAD SEAMANSHIP Rule 2 - Responsibility Go to sea with an unseaworthy ship : Only one generator in working condition Officers and crew with no proper qualifications Incomplete crew Engines not in a satisfactory condition Some nautical instruments (radar, compass, AIS, ) not working properly Cargo not properly secured and lashed Deck cargo hampering the visibility of the OOW Etc., etc

36 NOT GOOD SEAMANSHIP BASED ON BAD PRACTICES Use of alcohol during the watch Allowing an overtired OOW alone on the bridge No AB on the bridge at night or during congested traffic or in bad visibility Not keeping a safe speed in restricted visibility or in special circumstances Exhibition of NUC lights or the red lights for a deep draught vessel to escape ones responsibility Impeeding a ship that has difficulty to keep out of the way 36

37 NOT GOOD SEAMANSHIP BASED ON BAD PRACTICES Not keeping the log Not complying with the VTS regulations Leave the pilot alone on the bridge Allowing visits on the bridge that can distract the OOW Run your watch in a closed up bridge in restricted visibility, preventing an auditive look-out Etc 37

38 NOT GOOD SEAMANSHIP BASED ON BAD HABITS Take over the watch under the influence of alcohol or drugs Late arrival on the watch Sleeping during the watch Not keeping a proper anchor watch Etc 38

39 NOT GOOD SEAMANSHIP BASED ON BAD HABITS Sailor drunk and sleeping To be drunk and/or sleeping during the watch is a serious offence which should be severely reprimanded It brings the safety of the ship and its crew in jeopardy. Sailor drunk and sleeping 39

40 Paragraph (b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger. 40

41 Keywords Rule 2 - Responsibility All dangers of navigation All dangers of collision Special circumstances Limitations of the vessels involved Departure from these Rules Avoid immediate danger 41

42 Dangers of Navigation The risk to run into a shallow when keeping out of the way of another vessel The risk to run into a wreckage when keeping out of the way of another vessel

43 Danger of collision In a head-on situation, a power-driven vessel may not be able to alter course to starboard (Rule 14) due to the presence of another vessel overtaking her on her starboard side 43

44 Special Circumstances Several ships approach each other at the same time 44

45 Special Circumstances Ships in ice atlas.nrcan.gc.ca 45

46 Special Circumstances Ships in smoke 46

47 Limitations of vessels A vessel of a particular construction may be limited in her manoeuvring capacity 47

48 Limitations of vessels A convoy of warships are limited in their manoeuvring capacity 48

49 Encountering ships in convoy Single vessels, take early action to keep out of the way If there is a risk of collision with a vessel in the convoy, the steering and sailing Rules apply 49

50 Limitations of vessels A submarine is limited in his manoeuvring capacities hormuz.robertstrausscenter.org 50

51 Limitations of vessels Large vessels and vessels with a small underwater clearance (UWC) are often subject to interaction and/or squat (For details, see Rule 6, Safe Speed) Meeting a seaplane taking off or landing Meeting a WIG craft taking off or landing Etc 51

52 Departure from the Rules The following criteria need to be satisfied Dangers to navigation and risk of collision (shallows, wrecks, etc.) and/or Special circumstances (e.g. last minute action) and/ or Limitations of vessels PLUS To avoid immediate danger!!!!!! awesternheart.blogspot.com 52

53 Departure from the Rules Do not use this Rule just to suit your own convenience There must be special circumstances There must be immediate danger Both conditions must be satisfied. 53

54 Departure from the Rules Examples Two vessels are so close to each other that a collision cannot be avoided by the action of the give-way vessel alone A power-driven vessel crosses a channel and impedes the passage of another vessel which can only safely navigate within such channel. Close quarters situations When a departure of the Rules is necessary, the master or the OOW shall exercise his best judgement to avoid the danger which threatens He must use his knowledge, experience and common sense. If the OOW is alone on the bridge he must call the Master 54