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Master’s Page
In SASI (Safety At Sea International) or Seaways magazines one can find, from time to time, few words devoted to our real life at sea. But mostly those and similar editions full of ads, academic topics and observations from people who has very little notion of this life and of those problems seamen have to face from day to day. It does not stop them, however, to provide us with multitude of instructions and recommendations about subjects they know very little about.
On these pages I publish articles which reflect my own experience and my own analysis of some issues related to technical, navigational and commercial sides of tanker operation. I would be very glad to hear your thoughts on these subjects and promise to publish them whether they agree with mine or not.
Is a cadet’s negligence always the master’s incompetence? (23 January 2012)
Does a wrongful act of a cadet (OS, AB, etc.) form a part of ship’s management test for incompetence?
In Papera Traders Co. Ltd. & Ors v Hyundai Merchant Marine Co. Ltd. & Anor [2002] EWHC 118 (Commercial) Cresswell J underlined in his judgment that an incompetent master (officer) may be well qualified and hold the highest grade in certificates of competency. The test then is whether he applies or uses his qualification in the light of relevant training, established procedures and company’s instruction.
Applying this test to a cadet which is new on board of the vessel, but yet has been sent to manage valves without supervision of deck officer or engineer, conclusion as to incompetence of master and chief officer is relatively easy to reach. Continue …
The master is a man not a mouse (24 December 2010)
Every master daily handles bunch of messages, orders, requests, etc. Some of instructions rather simple, but some require careful attention and master often in doubt whether his decision to obey is a correct one. Understandably, there is no universal rule applicable to every situation but as a general guidance I’d like to offer citation form judgment of Mr. Justice Donaldson (later Master of Rolls Lord Donaldson) in Midwest Shipping Co. v D. I. Henry,(The Anastasia) [1971] 1 Lloyd’s Rep. 375. Continue …
H2S(Hydrogen Sulfide) complications (02 October 2011)
…In reality or at least from my practice MSDS not always states correct data or anything about H2S at all. On one recent occasion hazard of cargo of HSFO was described in MSDS only as ‘a central nervous inhibited agent, may affect central nervous system. Vapour and oil mist will irritate respiratory system and eyes, direct contact will irritate skin.’ No word about H2S. Actual content of H2S measured in tanks was 128ppm. Continue…
Maneuvering at Hong Kong anchorage (07 October 2010)
…very often situation with awkward meneuvering at anchor leads to accidents or near-miss similar to those as this short movie represents.
…And any simulation courses lack the main element – the element of eminent danger when something goes wrong, when your vessel moves when you desperately trying to stop it or stops when you shout in ER telephone for full ahead and when person usually acts basing on his experience or sixth sense or on instinct. continue…
Letters of Protest. User’s Manual (11 September 2010)
…a letter of protest is not a legal document. It is a report or statement of facts which led to situation when something beyond the master’s control has gone wrong…
…a letter of protest still has a certain legal value…
…a letter of protest, in some circumstances, may evidence against the master. continue…
Pumping Log as costly as USD114,887.40
This story tells how a very slap-dash way to procure and submit discharging documents resulted in loss of otherwise perfectly valid demurrage claim in value of USD114,887.40.
…harshness of law sometimes can be if not questioned but at least regretted in instances of liabilities for so-called misfortune risks, but in described case there was evident gross negligence on the part of Owners’ employees who failed to procure such important document as pumping log, which any chief officer knows must be ready by the end of discharging.
continue…
Umm Qasr. 11 days aground (07 October 2009)
This story happened more than a year ago, so there is a fair chance that things at Umm Qasr are better now in October 2010, when I publish this article, then they were in May of 2009. Anyway, my goal is not to discuss or grudge someone’s fault but to show all events as I saw them that time, describe my actions and results achieved, but let you make your own analysis of situation and come to your own conclusions, which if you like you can share with me and other readers of these pages.
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