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Maritime Law - From Text Book

The Polar Code introduces mandatory measures covering:

Safety and security.

Health and safety.

Security and pollution prevention.

Safety and pollution prevention.

Under the Polar Code, ships intending to operate in the defined waters of the Antarctic and Arctic will require to apply for a:

Document of Compliance.

Polar Class Certificate.

Polar Ship Certificate.

Polar Safety Certificate.

The term “Open waters’ under the Polar Code means:

No ice present.

A large area of freely navigable water in which sea ice is present in concentration less than 1/10.

A water in which sea ice is present in concentration of 1/10 or over.

Substantial amount of ice present.

The basic training requirements for ships operating in polar waters are applicable for:

Masters, chief mates and officers in charge of a navigational watch.

Masters and chief mates in charge of a navigational watch.

Masters, officers and crew performing watchkeeping duties on the bridge.

Deck officers and marine engineers performing watchkeeping duties on board the vessel.

The categories of ships that are required to participate in the ship reporting system in the Barents Area include:

Any ship not under command and all tankers with a gross tonnage of 5,000 and above.

Any ship restricted in their ability to manoeuvre and naval ships.

Any vessel towing and having defective navigational aids.

All tankers and all ships carrying hazardous cargoes.

The term used to refer to an action to prevent any incident which does not comply with the company SMS procedures and may lead to an accident is known as:

Non-conformity.

Observation.

Corrective Action.

Major Non-conformity.

A document that is issued to a ship by the Administration to verify that the company management operates in accordance with the approved SMS is the:

Safety Management Certificate.

Document of Compliance.

Ship Management Certificate.

Security Operation Certificate.

Two of the objectives of the ISM Code are:

To ensure security of the ship and avoidance of damage to the marine environment.

To ensure safety at sea and provide the minimum requirements for seafarers to work on a ship.

To prevent marine pollution and provide the new requirements relating to training in modern technology.

To prevent human injury or loss of life and avoidance of damage to the marine environment.

The ISM Code is not applicable to:

Mobile offshore drilling units of 500 GT and above.

Aircraft carriers of 500 GT and above.

High speed passenger crafts.

Chemical tankers and gas carriers of 500 GT and above.

A vessel that is registered under the flag of a non-White List flag state might be _______________ in a White-List port.

Destroyed.

Detained indefinitely.

Forfeited.

Vigorously inspected.

One of the main changes that the STCW Manila Amendments 2010 have made is:

Minimum hours of rest in a week period is increased to 77 hours from 70 hours.

Minimum hours of rest in a day period is reduced to 70 hours from 77 hours.

Seafarers must have 11 hours rest in any 24 hour period with no exceptions, except during an emergency.

Seafarers must have 10 hours rest in any 24 hour period with no exceptions, including during an emergency.

Within its internal water, a coastal state:

Is to allow ‘innocent passage’ to all foreign vessels

Enjoys full territorial sovereignty

Has sole exploitation rights over all living and non-living resources only

May only exercise the control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws

Territorial Sea is defined as:

A belt of water immediately adjacent to a state's land mass and subject to its sovereign

A belt of water adjacent to a state's shore including islands up to 12 nautical miles

An establishment of not more than 12 nautical miles from the baseline that is subject to the sovereign of the coastal state

An establishment of more than 12 nautical miles from the baseline that is subject to the convention

Contiguous Zone is defined as:

An adjoining zone, whose outer limit is not more than 12 nautical miles from the baseline

An adjoining zone, whose outer limit is not more than 24 nautical miles from the baseline

An area not to extend beyond 12 nautical miles from the continental shelf boundary

An area not to extend beyond 24 nautical miles from the continental shelf boundary

Exclusive Economic Zone should not extend beyond:

12 nautical miles, adjacent to the territorial sea

24 nautical miles, adjacent to the territorial sea

100 nautical miles, adjacent to the territorial sea

200 nautical miles, adjacent to the territorial sea

Innocent Passage may be breached when:

Launching, landing or taking on board of any aircraft

Carrying out of research or survey activities

Carrying out any exercises or practice with weapons of any kind

All of the above

What are the limits set by UNCLOS III?

12 nautical miles territorial sea and 200 nautical miles Exclusive Economic Zone

3 nautical miles territorial sea and 200 nautical miles Exclusive Economic Zone

6 nautical miles territorial sea and 24 nautical miles Contiguous Zone

12 nautical miles Internal Water and 24 nautical miles Contiguous Zone

What are a state’s rights in the 12 nautical mile territorial sea?

Enforce any law, regulate any use and exploit any resource

Shoot and kill any enemies regardless of threats

Exploit only the oil on the ocean bed and fish on the surface

None of the above

What are the coastal state’s rights in the 24 nautical mile contiguous zone?

Right of Pursuit - Used by coast guard or equivalent to pursue, arrest and detain drug smugglers, illegal immigrants, customs or tax evaders

Shoot and kill any enemies regardless of threats

Enforce any law, regulate any use and exploit any resource

None of the above

In the event of a contradiction between express and implied terms, the express terms will:

Be nullified by the operation of the law.

Be rendered obsolete.

Overrule the implied terms.

Be overruled by the implied terms.

When there is a breach of either an Express or Implied Warranty, the underwriter is discharged from all liabilities from:

The time of breach.

The time the breach was discovered by the underwriter.

Inception of the marine insurance policy.

The time the insured give a notification to the underwriter.

The Port Risk Policy is one that:

Covers all or many of the vessels operating under one ownership or management.

Covers the vessel of risks encountered during her stay in port.

Covers the vessel of risks encountered at and from or from one place to another.

Covers several shipments which are declared afterwards along with other particulars.

Deviation differs from a change of voyage in that the latter has a change in the:

Customary route.

Destination.

Cargo berth but located within the same terminal.

Port of refuge.

The insured will not be able to recover from the insurer if the loss of the ship’s mechanical part resulted from:

Barratry.

Latent defect.

Ordinary leakage.

Ordinary wear and tear.

If there is a fraud in the claim made by the insured, all claims upon the policy will be:

Referred to the court.

Suspended until the insured compensate the insurer.

Forfeited.

Ignored.

The Institute Cargo Clauses (A), (B) and (C) do not cover:

Loss or damage attributable to fire or explosion.

Loss or damage attributable to jettison.

Loss or damage attributable to vessel or craft being stranded or sunk.

Loss or damage arising from insolvency or financial default of the shipowners.

The Institute Cargo Clause (C) covers:

Loss or damage attributable to earthquake, lightning and volcanic eruption.

Loss or damage attributable to wear and tear.

Loss or damage arising from general average and salvage charges.

Loss or damage arising from nuclear war.

Shipowners will be required to pay a substantial sum of money in advance to join a P&I Club which is also known as a:

Premium.

Deductible.

Call.

Membership fee.

Coverage that is not granted by P&I Club includes:

Pollution by oil or other substances escaping from the ship.

Liabilities arising out of the fraudulent delivery of cargo.

Damage to docks, piers, and other floating objects other than ships.

Liabilities arising under towage contracts.

P&I Club’s Cover are intended to include fines imposed on a seaman:

For the criminal acts committed by him in his personal capacity.

In his capacity as the owner’s representative within the scope of his employment.

In his capacity as the owner’s representative outside the scope of his duties.

For his personal acts of misconduct.

The Rule of Interpretation of the York-Antwerp Rules provides that the:

1994 Rules prevail over the 2004 Rules

YAR Rules have no statutory or legislative force

Lettered rules prevail over the numbered rules

Numbered rules prevail over the lettered rules.

A ship was stranded and flooding badly. The master knew that it would likely cause damage to the dock if he takes it into the dock.

The damage to the dock would be a general average claim only if the vessel and its cargo are successfully saved.

The damage to the dock does not constitute a general average claim.

The damage is general average only when the dock owner agrees to it.

The damage is general average only if the owner agrees to pay additional premium.

A cargo owner can provide the __________________ to the shipowner as security for his contribution to the general average.

Letter of credit

Bail bond

Underwriters guarantee

Cargo insurance policy

The temporary form of document given to the shipper for goods which have been received on board the ship is called the:

Receiver’s receipt

Mate’s receipt

Ship’s receipt

Master’s receipt

The two parties who are normally involved in international trade are:

Shipowner and Stevedore

Charterer and Pilot

Consignor and Consignee

Any of the above

What is the document primarily used in international trade transactions of significant value, for deals between a supplier in one country and a customer in another?

Letter of undertaking

Bank guarantee

Certificate of origin

Letter of credit

The hiring of a vessel and crew for a voyage between a load port and a discharge port is called:

Voyage charter

Time charter

Demise charter

Bareboat charter

If the charterer failed to load the vessel with a full and complete cargo as provided within the terms of the contract, the shipowner is entitled to claim:

Advance freight

Backfreight

Deadfreight

Demurrage

The period of time during which a vessel under time charter is unable to meet the requirements agreed between the charterer and shipowner due to some reasons within the control of the latter is known as:

Off-hire

On-hire

Off-peak season

Provisional period

Under a voyage charter before charterer or shipper is under obligation to commence loading, the master must serve to the charterer or shipper:

A notice of arrival

A notice of readiness

A notice of cargoworthiness

A notice of seaworthiness

"Shipped" bill of lading is a B/L which acknowledges that the goods mentioned:

Have been received on board

Have been carried from one place to another by several shipowners or by combination of different modes of transport

Have been received by the shipowner or his representative for subsequent placing on board

None of the above

Classification societies are authorised to inspect ships, oil rigs and submarines and issue certificates on behalf of the:

IMO.

United Nations.

Flag state.

Port state.

Under the Rules established by the Classification societies, classification process of ships consists of:

Attendance at the destruction of the vessel in the scrapyard by a classification society surveyor.

A technical review of the design plans and related documents for a new vessel to verify compliance with the applicable rules.

A technical review of the power generation and auxiliary systems for a new aircraft to verify compliance with the applicable rules.

Attendance of a dockmaster at the sea trials and other trials relating to the vessel and its equipment prior to delivery.

Class is assigned to a ship upon:

Successfully passing the safety audit by the ISM Auditor.

Completion of satisfactory inspection by the PSC Inspectors.

Payment of port dues charges to the local port authority.

Completion of satisfactory surveys by the classification society surveyor.

Class is automatically suspended when:

The annual surveys have not been completed by the end of the corresponding survey time windows.

A ship proceeds to sea with less freeboard than that assigned.

The owners fails to request a survey after having detected defects or damages affecting the class.

Repairs and alterations affecting the class are carried out without requesting the attendance of a surveyor.

When the class is suspended or withdrawn, the Society is required to inform the:

Shipowner, flag Administration and IMO.

Shipowner, charterer and flag Administration.

Shipowner, cargo owner and charterer.

Shipowner, flag Administration and underwriters.

IMO permits the flag Administration to delegate the inspection and survey of ships to a RO because it accepted the fact that the flag Administration:

Is not effective and reliable enough to perform these tasks.

Does not have adequate technical manpower to undertake all these tasks.

Does not have the financial resources to undertake all these tasks.

Is corrupted and incompetent in fulfilling these tasks.

The purpose of limiting liability is to:

Encourage ship owners to carry on their business as well as to assist ship owners in getting sufficient insurance to cover possible losses and therefore assist claimants in being paid at least a portion of their losses.

Limit costs incurred in maritime accidents.

Encourage ship owners to implement safety practice onboard their vessels.

Encourage ship owners to carry on their business.

Limitation is based on:

The type of incident/accident.

The conduct barring claims.

The ship's tonnage.

The area/zone where the incident/accident occurred.

Persons entitled to limit Liability are:

Stevedores.

Classification Society Surveyors.

Insurers, salvors, owners, charterers, managers and operators of ships, whether seagoing or not.

Cargo Owners.

Types of Claims excluded from Limitation of Liability are:

Other loss resulting from infringement of rights other than contractual rights.

Oil pollution damage within the meaning of CLC92.

Loss of life or personal injury or damage to property.

None of the above.

The Shipowner can be barred from limiting liability if it is proved that:

He has intentionally or recklessly & with knowledge caused such loss.

He has negligently caused such loss.

The loss resulted by the act, neglect or default of his master and servants.

The loss resulted by the act, neglect or default of the salvor.

Which Act and which sections of the Act implement the Convention on Limitation of Liability for Maritime Claims 1976:

The Penal Code.

The Bunker Pollution Act.

The Fire Prevention Act.

Merchant Shipping Act Sections 134 – 144.

Which parts of the Convention are excluded from applying in Singapore?

Article 2 Paragraphs 1(d) & 1(e).

Article 3.

Article 6.

The entire Convention has the force of law in Singapore.

The 1st Principle of Salvage is expressed in the phrase:

Danger must be real and immediate;

No Pain - No Gain;

No Try - No Reward;

No Cure - No Pay.

The 2nd Principle of Salvage is that:

The owners of the salved property should contribute to the salvage award in proportion to the value of their property salved;

The owners and charterers should contribute to the salvage award in proportion to their stake in the property/cargo salved;

Those who have a stake in the salvage operation, should be rewarded in proportion to their loss/gain in the salvage;

Salvage award should be in accordance to the ability and ingenuity of the salvors in the face of danger.

The lien for salvage gives the salvor the right:

To sell the property but not its cargo;

To arrest the property only if its ownership has not change hands;

To arrest the property even if it had changed ownership;

To dispose the property in whatever manner he wishes.

General elements which govern the Assessment of Salvage are:

As outlined in Lloyds Open Form of Salvage Agreement;

Based on government decision where the salvage took place;

Degree of danger & risk, labour incurred, enterprise & skill of salvors, value of property salved and the loss if any suffered by the salvors;

Based on the assessment of the Classification Society’s Surveyor.

Conditions necessary for a Salvage to be awarded are:

The property must be in real but not necessary immediate danger;

The service rendered must be voluntary;

The service must be successful;

All of the above.

The 'safety net' concept in LOF80 made a limited departure from No Cure - No Pay

Providing award even if unsuccessful if it is a laden or partly laden tanker where there was no negligence on the part of the crew in the operation;

Providing award even if unsuccessful as long as the salvors prevented or reduced pollution that might have been worst had they not attempted;

Whereby compensation may be given to salvors who tried their best but due to an 'Act of God' it was impossible to complete the salvage;

Whereby compensation may still be given for an unsuccessful salvage if circumstances of the case are proven that all means to save the vessel had been expanded.

The total special compensation under article 14 shall be paid only if and to the extent that it is greater than any reward recoverable by the salvor under:

LOF 80;

LOF 2000;

Article 13;

SCOPIC Clause.

Crew members are eligible to claim for Salvage if:

The vessel was found to be in dire danger and it was not possible to call for a salvage company to aid due to time constraints;

The crew members proved to have put more effort than is necessarily called for by the ordinary practice of seamen;

They had abandoned ship but came back to salvage it as commanded by the master and were successful in it;

They had abandoned ship as commanded by the master and later came back to salvage it on their own and were successful.

Under the general maritime law, life salvage is:

Not payable at all if the salvors are ship's crew.

Payable if the property is saved as well as life.

Not a form of salvage as awards are only given for saving property.

Payable if it is proven that the danger is real and the service successful.

Collisions between vessels may result in:

Both civil and criminal liability;

Heavy damages to property, loss of life and unlimited liability;

Contractual and statutory rights of the plaintiff to sue;

The statutory presumption of fault.

When a collision between vessels occur, the finding of the Court may be:

That one of the vessels was solely to blame;

That both vessels were in some degree to blame;

That neither vessel is to blame, I.e. Result of inevitable accident;

All of the above.

Inevitable Accident means that:

The ship that had the last opportunity to avoid the collision shall be regarded as the sole cause of the collision;

The accident was caused by some external event beyond the ship’s control;

An accident could not be avoided even if avoiding action could have been taken but the wrong action was taken due to urgency;

The accident was caused purely by a mistake made by the ship’s master only.

The Maritime Convention Act 1911 gives special treatment to personal injury and death claimants by allowing them to:

Sue the carrying ship as an individual tortfeasor;

Sue the non-carrying ship as an individual tortfeasor;

Sue the wrongdoing ships as joint tortfeasors;

None of the above.

Which rule is more likely to apply to collisions between a moving ship and a stationary one?

The 'last opportunity' rule;

Doctrine of alternative danger;

Inevitable Accident;

Collision Regulation.

The English concept of apportionment of blame is whereby liability of colliding vessels shall be:

In proportion of 50-50

In proportion to their established respective degrees of fault

Considered as being equally held at fault

Ascertained by the court based on prima facie evidence

To counteract Presumption of Fault, the moving vessel would need to prove that:

The anchored ship was improperly positioned and/or improperly lit at night

The anchored ship had failed to maintain a watch where circumstances required

The anchored ship had failed to take adequate steps to avoid the collision

All of the above

The object of the Both to Blame Collision clause is to enable:

A presumption to be made that both vessels are held to blame

Owners of carrying ships to recover damage costs indirectly paid to their shippers

The courts to place blame on both vessels where cargo damage had occurred

Cargo owners to be also held to blame for any pollution to the environment

One of the objectives of the Maritime labour Convention is to:

Increase the salary of the seafarers.

Secure the future employment of the seafarers.

Improve the working condition of the seafarers.

Provides ship owners with a better competitive advantage.

Which provisions of the MLC are mandatory?

The Regulations and the provisions of Part A of the Code.

The Regulations and the provisions of Part B of the Code.

The provisions of both Part A and Part B.

Only the Regulations.

The MLC is applicable to:

Cargo ships of 200 gross tonnage and above which navigate exclusively in inland waters.

Ships engaged in fishing in international waters.

Warships or naval auxiliaries.

Cargo ships of 500 gross tonnage and above which are engaged in international voyages.

A seafarer may be recruited by a manning agency that is based in a State that is not a party to the MLC. The responsibility to ensure that this manning agency conforms with the requirements of the MLC lies with the:

Trade union.

Shipowner.

Flag State.

Port State

The minimum hours of rest under the MLC are:

At least 10 hours in any 24-hr period; and 77 hours in any 7-day period.

At least 12 hours in any 24-hr period; and 77 hours in any 7-day period

At least 14 hours in any 24-hr period; and 72 hours in any 7-day period.

None of the above.

The role of the Master may be divided into separate categories as follows:

Law of the sea, limited ambassador and manager of a commercial enterprise;

Law officer, safety officer and manager of a commercial enterprise;

Disciplinarian, doctor and servant of the law;

Ship's commander, diplomat and lawyer.

The ship owner relies on the Master to manage his ship with regard to:

Safety of the ship, cargo, passengers and crew;

Safety of the ship, cargo, passengers, crew and protection of the marine environment;

Safety of the ship, passengers, crew and protection of the marine environment;

Safety of the ship and protection of the marine environment.

The Master as an Agent of the Charterer means that:

He has to obey all orders of the charterers that take priority over the owners;

He has to comply fully with the charterers orders at all time throughout the voyage;

Charterers have a right to tell the master where to sail to, what cargo to load and discharge, but have no right to order him on matters of safety and navigation;

Charterers are fully responsible for the actions of the master thus exonerating the owners against any claims that may arise during the period of charter.

The Master may act as an Agent of Necessity in instances whereby:

He feels it necessary for the safety of the ship and the marine environment;

There is real and immediate danger to the vessel and crew;

He finds it necessary to pledge the ship/cargo to complete the voyage;

'on the spot assessment' of the degree of danger and the consequent need for emergency measures may only be made by him.

The Master can give a bottomry bond or a respondentia bond in cases of dire necessity:

Where he needs to raise money to complete the voyage and is left with no other option than to pledge his ship/cargo;

To dispose of goods which are a danger to the ship and/or crew;

Where the ship is being traded by the owners for their own account;

Where he is a servant of the law and an agent of both his principal and owner.

The person whose name is recorded in the Certificate of Registry is known as:

The shipper;

The consignee;

The chartering owner:

The registered owner.

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