Maritime Law - 40 Questions - Part A

When applying for the issue of the Certificate of Endorsement to a holder of a foreign Certificate of Competency, the owner/agent has to declare that the person is of management level and:
Has an appropriate knowledge of the requirements of the STCW Regulations.
Is familiar with the requirements of the International Convention Regulations.
Is able to perform the duties in the capacity the person is engaged.
Has an appropriate knowledge of Singapore maritime legislation relevant to the functions he is permitted to perform.
A Mutual P&I Club differs from a Fixed Premium P&I Club in that:
The later does not have a release call.
The later does have supplementary calls if there are huge claims/losses.
The former does not have supplementary calls.
The former has the option to provide competitive rates to members.
Marine Insurance is all about:
The insurer indemnifying the assured against all marine losses;
The principles of insurable interest and doctrine of proximate cause;
The principles of indemnity, insurable interest, subrogation rights, utmost good faith and doctrine of proximate cause;
The assured being able to recover its losses without default.
Where a ship is improperly detained in consequence of any complaint, the costs or compensation payable to the ship owner will have to be borne by:
The Port Authority.
The complainant(s).
The ship owner’s P&I Club.
The Seamen’s Union.
An observation as defined under the ISM Code is:
A comment by the ISM auditor that a non-conformity exists.
A statement of fact that a certain procedure need to be revised.
A statement of fact made during a safety management audit and substantiated by objective evidence.
A statement of fact substantiated by objective evidence that some specified respect of the Safety Management System could be improved as found by the auditor.
Plastics _________ synthetic ropes, synthetic fishing nets and plastic garbage bags.
Does not include.
Include.
Include, but is not limited to.
Include non-biodegradable substances but exclude.
The provisions of the Articles of Agreement are in accordance with:
The Merchant Shipping Act.
The Work Injury Compensation Act.
The International Labour Convention.
All of the above.
Common law maritime lien would include:
Seamen’s wages.
Freight beneficiary.
Salvage award.
Any of the above.
With respect to property of deceased seaman the master is required to:
Make inventories of the personal effects and full statement of account to be signed by two other ship’s members
Pack up the personal effects and send to his next of kin as soon as possible
Auction off his personal effects and return the proceeds to the next of kin
Deliver the personal effects to the Agent on arrival port.
On the expiry of the Articles of Agreement while at sea or overseas, the Master has the following options:
Obtain approval from the Company and renew the Articles of Agreement.
Obtain approval from MPA and renew the Articles of Agreement.
Renew the Articles of Agreement with the consent of the crew and notify MPA at the earliest.
Obtain approval of MPA and extend the Articles of Agreement.
Flag States should implement policies through issuance of national legislation and guidance which will assist in the:
Ratification of the convention.
Implementation of the convention.
Enforcement of the convention.
Implementation and enforcement of the convention.
When there is a change of officers or ratings aboard Singapore Registered ships, it is advisable that MPA be immediately notified by the following:
Company’s engagement and discharge form.
Form ENG2A and copy of the OLB entry.
Any method deemed appropriate by the company.
Form ENG2A and the Articles of Agreement.
Oil Record Books Part I is required to be carried by:
Tankers of more than 150 GT and all other ships of more than 300 GT.
Tankers of more than 150 GT and all other ships of more than 400 GT.
Tankers of more than 150 GT and all other ships of more than 500 GT.
All ships of more than 500 GT.
An actual total loss is one in which the subject matter is:
Deprived.
Missing after a reasonable period of time.
Destroyed or has a change in specie.
Any of the above.
When a seaman signs in the “Release” column of the Articles of Agreement upon discharge, it implies that:
He releases the ship and ship owner from any claims.
He releases the Master from any claims.
The Master releases the discharged from all claims.
All of the above.
The chief officer’s act of slowing the rate of cargo operations to allow engine maintenance to be carried out would constitute:
A criminal offence.
An unjustifiable deviation.
A mischievous act.
A breach of warranty.
At a port of refuge, the right to choose the repair contractors to repair particular average damage will be the:
Ship Owners.
Ship Owner’s P & I Club.
Time Charterers.
Hull Underwriters.
In a voyage charter, cargo operations had completed at 1800 hrs on Friday, 5th . Laytime expired at 1200 hrs Tues 9th. Despatch is payable on laytime saved with Saturdays, Sundays and Holidays being excepted. It was noted that Monday 8th was a holiday. As such, the shipowner has to pay despatch for:
2 days 18 hours.
3 days and 18 hours.
18 hours.
26 hours.
The Tender Clause of the Marine Insurance Policy states that:
The Assured has the right to choose the repair port but has to notify the Underwriter and provide reasons for the choice;
The Underwriter has the right to choose the repair port but has to compensate the Assured for the additional expenses incurred;
The Underwriter has to compensate the Assured for the losses even if it is due to an Act of God;
The Assured, may with the approval of the Underwriters, have the ship repaired by its contractors without any condition.
With respect to training of personnel, ISM Codes requires that:
The Master is to provide proper training for all the shipboard personnel.
The Training Institution is to conduct relevant courses for newly joined crew.
The Company should conduct regular seminars for all personnel.
The Company should establish and maintain procedures for training of all personnel in support of the SMS.
Port State Control verifies that the:
Condition of the ship and her equipment comply with the provisions of international conventions and codes.
Ship is manned and operated in compliance with the provisions of the international conventions and codes.
Condition of the ship and her equipment comply with the provisions of SOLAS and STCW.
Condition of the ship and her equipment comply with the provisions of international conventions and codes and that the ship is properly manned.
When live animals and deck cargoes are carried, the carrier must ensure that:
The Bill of Lading stipulates that the Hague-Visby Rules shall apply.
The shipper agrees that the contract shall be governed by the carrier’s standard terms, conditions and exceptions.
His P&I Club will provide cover for the “on deck” Bill of Lading.
The Bill of Lading states “carried on deck at shipper’s risk”.
Conditions for a general average to occur would include:
Real danger to the ship and cargo with extraordinary sacrifice and a common adventure.
The cargo being in danger of spoiling due to the shipboard refrigeration system breaking down due to the ship engines’ malfunction.
The ship is shipping heavy seas and deck cargo is jettisoned with care.
The ship is drifting towards shallow patches and some cargo jettisoned to lighten the draft.
The laycan ‘7/13 ‘ usually written in voyage charter parties means that:
The laytime allowed for the charterer to load and/or discharge.
The cancelling date is between 7 to 13 June.
7 June is the first layday and 13 June is the cancelling date.
Notice of Readiness must be tended between 7 and 13 June.
The MIA 1906 provides that there is an “actual total loss” where:
(i) the subject matter is actually destroyed.
(ii) the insured matter is so damaged as to cease to be a thing of the kind Insured.
(iii) the assured is irretrievably deprived of his property or where the insured property is posted “missing”.
Only (i).
(i) and (ii) only.
Only (iii).
(i), (ii) and (iii).
In the event of a collision or salvage involving two ships under the same ownership or management, the Sister Ship clause provides that:
The settlement of liability is subject to the discretion of the owner or management.
The settlement of liability will be referred to an independent arbitrator.
The collision liability is based on equally to blame and salvage is based on the company’s discretion.
Both vessels will be treated as if they were owned by different companies and referred to a mutually agreed arbitrator.
Conventions are:
Recommendations and guidelines which deal with wide range of subjects concerning safety of shipping.
Rules and regulations which have been formulated by IMO.
Multilateral treaty documents which regulate safety aspects of maritime affairs.
Mandatory codes which Governments must enforce as part of their national regulations.
Which type of lien has an order of priority for claims?
Possessory liens;
Contractual liens;
Damage liens;
Salvage liens.
A ‘Letter of Indemnity’ in a Court of law is:
Based on honesty.
Based on the operation of the law.
Legally enforceable in a court of law.
Not legally enforceable in a court of law.
At a port of refuge, the right to choose the repair contractors to rectify the particular average damage will be the:
Ship owners.
Ship owner’s P&I Club.
Time charterers.
Hull underwriters.
The Safety Management System is:
A system of checklists for the personnel to follow to avoid accidents.
A quality management system.
A system to safeguard against all potential risks.
A structured and documented system for effective implementation of the safety and environmental protection policy.
The principle underlying the ship owner’s right of limitation of liability is:
To encourage ship owners to continue their business and not make them bankrupt should a major accident occur.
To ensure ship owners maintain total seaworthiness of their ships and prevent marine pollution.
To take up the marine insurance contract and share the risks of others.
To encourage ship owners to maintain strict seaworthiness of their ships.
That the crew and officers have completed shipboard familiarisation with their duties and responsibilities during emergency circumstances is evidenced by:
OLB entry of participation by all crew and officers in the drills and exercises.
Company’s superintendent coming on board to observe the conduct of the emergency drills and exercises.
Assessment having been conducted by Port State Control inspectors.
Full records maintained by the master of personnel having completed shipboard familiarisation.
In the event of a collision or salvage involving two ships under the same ownership or management, the Sister Ship clause provides that:
The settlement of liability is subject to the discretion of the owner or management.
The settlement of liability will be referred to an independent arbitrator.
The collision liability is based on equally to blame and salvage is based on the company’s discretion.
They will be treated as if they were owned by different companies and referred to a mutually agreed arbitrator.
The On-hire survey or Delivery survey is to establish mainly:
(i) the bunkers remaining on board;
(ii). The cargo carrying capacity and general condition of the vessel;
(iii). That the tanks or holds are fit to carry cargo;
(iv). That there is documentary evidence of seaworthiness.
(i) and (iv).
(ii) and (iv).
(iii) and (iv).
(i), (ii), (iii) and (iv).
As a result of the refrigerated chambers being defective, considerable chilled cargo at the port of delivery was rendered unfit for human consumption. In such a case the shipowner may not be entitled to claim from:
Exceptions at common law.
Exceptions provided in Hague-Visby Rules.
Reasons beyond the control of the master and/or ship’s engineers.
Improper repairs done to the refrigerated machinery.
The company should have procedures to implement corrective action based on:
(i) PSC inspection reports.
(ii) reports and analysis of non-conformities.
(iii) reports and analysis of accidents and hazardous occurrences.
(iv). ISM auditor’s reports.
Any of the above.
(i) and (ii);
(ii) and (iii);
(iii) and (iv).
IMO Recommendations:
(i) are agreed and adopted by and through Resolutions of the Assembly;
(ii) are not formal treaty documents but provide more specific guidelines generally intended to supplement/assist the implementation of the relevant provisions of conventions;
(iii) could constitute Codes, Guidelines or Recommended Practices on important matters not considered suitable for regulation by formal treaty instruments.
(i) only.
(i) and (ii) only.
(i) and (iii) only.
Any or combination of all the above.
The detailed technical requirements of the Main Convention regulations are prescribed under the:
The Primary legislation.
The Subsidiary legislation.
The SOLAS legislation.
The Secondary legislation.
The loading, stowing and securing of all cargoes (other than bulk cargoes, cargo units and cargo transport units) throughout the voyage must be in accordance with:
The Cargo Securing Manual approved by the Classification Society.
The Cargo Securing Manual approved by the IMO.
The Cargo Securing Manual endorsed by the IMO.
The Cargo Securing Manual endorsed by the Cargo owner.
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