Rule 2 - Responsibility (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
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Rule 2 - Responsibility (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.
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Rule 2 - Responsibility
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
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Rule 2 - Responsibility
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.
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Rule 2 - Responsibility Keywords
§ Any vessel § The Owner § The Master § The crew § Consequences any neglect to comply with these Rules § Neglect of any precaution § Ordinary practice of seamen § Special circumstances of the case
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Rule 2 - Responsibility § Any vessel
Power-driven, sailing, small, large, etc.
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Rule 2 - Responsibility
The Owner Before
Before, the owner was an individual who owned one or several vessels.
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Rule 2 - Responsibility
The Owner today
They hardly see the ships; they mainly see the financial reports
Today, ship owners are either companies or multinationals who are more interested in making money than handling ships.
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Rule 2 - Responsibility THE OWNER
Owners only have one motto:
Time is Money
IS
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Rule 2 - Responsibility 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
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Rule 2 - Responsibility 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
Rule 2 - Responsibility 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
Rule 2 - Responsibility 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
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
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
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Rule 2 - Responsibility
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
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Rule 2 - Responsibility THE MASTER MAIN RESPONSIBILITIES
− The navigation of the vessel
− The management of the vessel
− The safe operation of the vessel
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Rule 2 - Responsibility THE MASTER MAIN RESPONSIBILITIES
The safe operation of the vessel
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Rule 2 - Responsibility THE MASTER MAIN RESPONSIBILITIES
The seaworthiness of the ship
Etc…
The Master, Chief Officer and Surveyor have examined the vessel
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
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Rule 2 - Responsibility
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
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Rule 2 - Responsibility 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.
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 :
http://maritimeknowhow.com (Click on Dictionaries and Colregs) 26
Rule 2 - Responsibility
THE CREW
Nearly 80% of all accidents on board
ships are due to human error.
The main causes are :
− Crew insufficiently trained (especially in safety)
− Crew underpaid
− Crew overworked (fatigue)
− Crewmembers unable to communicate with each other
– 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
Rule 2 - Responsibility 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…
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Rule 2 - Responsibility BAD SEAMANSHIP § 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. ….
– 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
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Rule 2 - Responsibility 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…
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.
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Rule 2 - Responsibility Keywords § All dangers of navigation § All dangers of collision § Special circumstances § Limitations of the vessels involved § Departure from these Rules § Avoid immediate danger
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Rule 2 - Responsibility
§ 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
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
– 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…