Guidance to Masters

1. Introduction
Whenever accidents or incidents occur which may involve Insureds
liability, the Master should immediately inform the owners and obtain
instructions. A detailed, written report on the incident should always be
submitted to the owners as soon as possible.
As a rule the Master should also inform Ingosstrakh. When reporting an
accident or requesting assistance, it is important that the Master should
provide precise information about the incident and the type of assistance
that is required.
In the event of any such accident or incident, the Master should assume
that claims will be made in due course. It is therefore necessary to secure
the best possible evidence of the nature, cause and etent of any loss or
damage, for eample by!
arranging for a survey through Ingosstrakhs
local correspondent"
retaining all relevant documentation"
retaining parts of damaged equipment"
retaining cargo samples where appropriate"
taking the names and addresses of any eye#
witnesses"
issuing sea protests and letters of protest
where necessary.
$he Master should be careful in allowing access and%or assistance to third
parties representatives attending on board for survey%investigation
purposes. $he scope of such access%assistance shall be of general, limited
nature to be sub&ect to prior agreement with 'wners%Ingosstrakh. 'n the
contrary underwriters( representatives must be provided with full possible
assistance and support. )efore making any statements however or
providing any information to such persons claiming to be *underwriters
representatives+, or allowing them access on board the ship, the Master
must make sure that proof is produced that they are properly authori,ed
to act on behalf of the owners or Ingosstrakh.
$he Master must never admit liability on behalf of the owners before
being epressly authori,ed to do so, either by the owners, or by
Ingosstrakh or its correspondent.
2. Maintenance of the ship
$he Master should ensure that at all times the ship is kept in a fully
seaworthy condition for the safety of the crew, passengers, stevedores
and other persons, as well as the safe carriage of cargo.
$he Master should be able to prove that he has, prior to the
commencement of any voyage, eercised su-cient care in inspecting the
ship to con.rm her seaworthiness and cargoworthiness. $he ship and her
equipment should therefore be regularly and carefully inspected, and any
defect should be repaired immediately. In particular, before the
commencement of each voyage a special check should be made of the
following items!
hatch covers"
side#ports"
ramps"
cargo holds"
tanks"
sounding pipes"
air#pipes"
bilges"
valves"
derricks"
cranes"
standing and running rigging with .ture,
lashing points and all other loading and discharging gear.
It is recommended that the hatch covers are hose#tested at regular
intervals and always before loading sensitive cargo, such as cement,
grain or sugar, which are particularly susceptible to moisture damage.
/ose#testing should also be carried out after repair or ad&ustments have
been carried out to the hatch covers.
0ubber packing on hatch covers should be regularly inspected to check
for wear or compression damage. 1rainpipes and gutters on hatch covers
and panels should also be regularly inspected and kept clean at all times.
2ressure tests of the tank tops should be undertaken whenever a manhole
cover has been removed, e.g. in connection with a tank inspection.
If repairs have been carried out to the cargo lines on a tanker vessel,
these should also be pressure#tested.
$he engine and pump rooms should always be kept clean and free from
oil spillage, as should the bilge under the engine 3oor. 4eakage must be
recti.ed immediately.
1etails of all inspections and repairs should be entered in the relevant log.
3. Precautions at the loading port
a5 1ry cargo ships
$he Master must ensure that the cargo is loaded and stowed carefully to
maintain the safety, trim and stability of the ship. $he cargo must be
stowed in such a manner that it can be carried without being damaged
and without causing damage to other cargo. $he Master should make a
special check of the ships holds to ensure that they are clean, dry, free
from smell and in every respect suitable for the cargo to be loaded.
Where bulk cargo is to be loaded, the holds should be free of all loose rust
, paint or traces of previous cargoes. It is recommended that the master
obtain a *Clean Hold Certifcate+, signed by a representative of the
shippers and%or charterers, prior to loading any bulk cargo. $he
Master%cargo o-cer shall supervise loading of bulk cargo to ensure that
cargo is free from any foreign substances sub&ect to cargo speci.cation.
After loading a bulk cargo, it is also advisable to arrange for a draft
survey of the ship.
$he condition and suitability of refrigeration machinery and reefer
compartments should be con.rmed by obtaining a certi.cate from a class
surveyor or another competent epert prior to loading.
When refrigerated cargo is to be loaded, the Master should obtain written
instructions from the shippers in respect of the carrying temperature for
the cargo and ventilation. 6hould the Master have any doubt about the
correctness of such instructions, he should query them in writing and ask
for speci.c con.rmation that they are correct.
b5 $ankers
$he Master should be alerted to any particular requirements contained in
the charter party regarding the carriage of the cargo prior to loading, a
special check should be made of the following items!
tanks"
pipes"
heating coils, crude oil washing system"
inert gas system"
packing and securing of all butterworth
hatches and tank entry hatches.
7argo samples should be drawn at regular intervals during loading. 6uch
samples should preferably be drawn at the manifold. $hey should be
labeled showing where, when and by whom the samples were drawn. $he
sample bottles should be sealed and kept in a specially designated place
on board. 6amples should be retained for at least one year after
completion of discharge.
$he Master should never provide, or sign any receipt for, a cargo sample
which may be interpreted as an acceptance or a guarantee by the master
of the accuracy of the details stated on the label.
After completion of loading, ullage and temperature measurements
should be taken carefully, to enable an accurate calculation of the loaded
quantity to be made. 8or guidance regarding the issue of the bill of lading,
see section 9 :b5 below.
4. Precautions during the voyage
a. ;eneral
$he Master must not only ensure that the cargo is properly carried and
cared for during the voyage, but should also try to document the steps
that are taken to care for the goods. 8or eample, log entries should be
made as carefully as possible, and should contain all relevant details.
Weather forecasts should be checked daily or more frequently if
conditions demand, and the voyage should be planned accordingly.
Whenever a ship encounters heavy weather during a voyage, and the
Master considers it necessary to reduce speed and%or to make course
corrections, these details should be entered in the log.
b. 1ry cargo ships
1uring transit, all lashing and shoring should be regularly inspected and
tightened as necessary. Appropriate remarks should be entered in the log
book.
In respect of refrigerated cargoes, temperature records should be kept
throughout the entire period of transit. $emperature recorders should be
checked daily to ensure that the correct temperature is being maintained
and that a proper visible record is being produced. $he ventilation of
cargo carried at sea is a comple and di-cult sub&ect. /owever, the
master should try to ensure that the correct steps are taken in respect of
the ventilation of the cargo during the voyage.
$he principal purpose of ventilation is three#fold, namely!
to regulate the temperature of the cargo to
prevent large di<erences arising between the temperature of the cargo and the
temperature of the atmosphere"
to prevent the accumulation of moisture in
the holds, thereby restricting the built#up of condensation"
to remove 3ammable or noious gas.
$he cargo must be heated or cooled in accordance with the charter party
requirements. In the event of any abnormal occurrences, the necessary
steps should be taken immediately, and the owners must be informed.
$ransfers between cargo tanks and%or slop tanks should not be carried out
unless cargo interests have given their prior approval. Whenever possible,
the pressure#vacuum valves should be regularly checked to ensure that
they function correctly.
5. Precautions at the discharging port
a. Dry cargo ships
If the master is aware of or suspects that the cargo has su<ered any
damage on the voyage, he should notify the owners and Ingosstrakh as
soon as possible, so that a survey can be arranged if necessary. If 4etter
of 2rotest is decided to be issued to protect vessel(s interests iro cargo
damage and%or shortage, Master shall ensure that wording of such letter
is agreed with 'wners%Ingosstrakh. 4ocal 2=I correspondent shall render
Master all required assistance to legali,e 4etter of 6ea 2rotest according
to applicable legislation. 2rior to the discharge of bulk cargo, it is
advisable to arrange for draft survey. After completion of discharge, an
*>mpty /old 7erti.cate+ signed by the representatives of the
7harterers%receivers should be obtained.
b. Tankers
?llage and temperature measurements should be taken before the
commencement of discharge. 7argo samples should be drawn both
before and during discharge.
After the completion of discharge, dry tank certi.cates should be
obtained. If the shore surveyor refuses to sign a dry tank certi.cate,
Ingosstrakhs local correspondent should be contacted and asked to
arrange for a surveyor to attend the ship.
/eating coils and other equipment that has been used in connection with
the carriage of the cargo should be inspected as soon as practically
possible after discharge.
All observations of no matter how routine a nature should be entered in a
log.
6. Bills of ading
a. General
$he issue and use of bills of lading often give rise to di-cult questions of
law and practice. In any case of doubt or uncertainty, the master should
always consult with and take instructions from the owners even if he is
well educated on the sub&ect of bills of lading.
b. Issue of the bill of lading
$he description of the cargo contained in the bill of lading is treated as
evidence of the condition and quantity or weight of the goods at the time
that they were received, loaded or shipped by the carrier. Accordingly it is
critically important to ensure that this description is correct.
@5 1ry cargoes
$he master should ensure that the description of the cargo stated in the
bill of lading is in accordance with the mates receipts, both with respect
to apparent condition and quantity. If there is any damage or defect or
quantity discrepancy, a corresponding remark should be made on the
face of the bill of lading. If the cargo is damaged in any way, the master
must never sign a clean bill of lading describing the cargo is shipped in
*apparent good order and condition+.
In practice, shippers may be reluctant to accept bills of lading which do
not describe the cargo as being *clean on board, in apparent good order
and condition+. 7ertain shippers may even o<er masters a letter of
indemnity in echange for the issue of clean bills of lading. /owever, as a
matter of law, the issue of a clean bill of lading for damaged cargo
constitutes as a fraud. In such circumstances, any letter of indemnity is
legally unenforceable and e<ectively of no value. Accordingly, the master
should insist that the bills of lading are properly claused with remarks
re3ecting the true condition of the cargo.
In many cases, it may be preferable for the master to eclude damaged
goods from the ship, until the shippers con.rm that they will accept bills
of lading claused with a description of the true condition of the cargo. If
the shippers refuse to accept properly claused bills of lading, the master
should request that the defective goods are replaced by undamaged
goods of a similar quantity and quality.
When loading large consignments of steels, a competent surveyor should
invariably be instructed to assist the master in recording the apparent
condition of the cargo, so that the mates receipts and bills of lading can,
if necessary, be claused accordingly.
If the master suspects that the packing of any cargo is insu-cient to
withstand the voyage, or that the marking of the goods is insu-cient, this
should be also be marked on the bill of lading. As well as ensuring that
the bill of lading accurately re3ects the condition of the cargo, the master
must also ensure that the stated quantity or weight is correct. In respect
of bulk cargoes which cannot be precisely measured, the fact of the bill
should be clearly marked with an appropriate comment such as *weight,
measure, quality, quantity, condition, contents and value unknown+.
A5 4iquid cargoes
After completion of loading, ullage and temperature measurements
should be taken carefully to enable the calculation of the cargo received
on board to be made as accurately as possible.
/owever, if view of the inherent di-culties in precisely measuring bulk
liquid cargoes, it is important to ensure that the face of the bill of lading is
clearly marked with an appropriate comment, such as *weight, measure,
quality, quantity, condition, contents and value unknown, but said to
be...+
If there is an abnormal di<erence between the ships .gures of the loaded
quantity and the bill of lading .gure, the master should send a letter of
protest to the shipper%terminal. In such cases, the master should also
require a further set of measurements and calculations to be made.
If it is not possible for the master to sign the bills of lading at the loading
port without delaying the ship, authority may be given to an agent
:nominated by the owners for this purpose5 to issue the bills on behalf of
the master in conformity with mates( receipts. If such authority is given
to an agent, the mater must immediately advise the owners of the terms
of the agents authority. $he agent should only be allowed to sign bills of
lading on behalf of the master if the master is aware of, and has agreed,
all bill of lading details including the loaded quantity or weight.
c. Delivery of cargo against a bill of lading
A bill of lading is traditionally issued in a set of three originals. When one
original bill of lading has been accomplished, in most cases the remaining
originals become null and void.
Accordingly, the master is bound to deliver the cargo to the holder of the
.rst original bill of lading duly presented at the port of discharge, unless
the master is aware or put on reasonable suspicion that the ownership of
the cargo is in dispute.
If the master is aware of dispute as to the ownership of the cargo, he
should take further precautions, such as requesting the surrender of all
original bills of lading.
If all of the originals cannot be produced, the owners sub&ect to local
legislation should make an application to the appropriate court to
determine the ownership of the cargo.
d. Delivery of cargo without a bill of lading
$he master should never release a cargo to the consignee without the
production of the bill of lading, unless he has received the owners eplicit
permission to do so prior to the commencement of discharge. As liability
arising out of the delivery of cargo without the production of the bill of
lading is not covered by the Association, it is important for the master to
comply strictly with the owners instructions.
Where owners wish to deliver cargo without the production of the bill of
lading, it is recommended that they obtain a letter of indemnity from
charterer and receiver countersigned by a .rst#class bank, prior to
delivering the cargo. If the letter of indemnity is to be sub&ect to a limit of
liability, it is recommended that this limit should be no less than two
hundred per cent of the 7.I.8. value of the cargo.
When cargo is to be delivered against a letter of indemnity countersigned
by a bank or backed by a bank guarantee, it is also advisable to ask the
bank to con.rm the validity of the guarantee before the cargo is
delivered.
!. "to#a#ays
$he International 7hamber of 6hipping de.nes a stowaway as *.. a
person who is secreted on a ship, or in cargo which is subsequently
loaded on the ship, without the consent of the 6hipowner or the Master
or any other responsible person and who is detected on board after the
ship has departed from a port or during its stay in port, and is reported as
a stowaway by the Master to the appropriate authorities+.
6towaways are an ever#present problem in certain areas of the world,
most notably Africa, 7entral America, 7olombia, 1ominican 0epublic,
India, 2akistan, Indonesia and >ast >urope.
1uring a call at any port in such areas, it is recommended that the
following steps be taken!
while in port, the accommodation doors
should be locked or guarded"
a crewmember must always be on duty on
the gangway, tallying all persons boarding and disembarking"
in African countries, this gangway should, if
possible, be shared with African crewmembers who may be able to recogni,e the
nationality of persons trying to board by their appearance"
stevedore companies should be asked
before operations begin how many stevedores will be working and stevedores
should be required to access the ship only by the gangway"
watchman should be vigilant for boarders
climbing the fore and aft mooring ropes, and over the rails from the quayside at
low water or by small boat, especially during the night"
speci.c instructions should be given to
watchmen to allow on board only people required for the ships business, such as
stevedores and o-cials. /awkers should not be permitted"
before departure, the vessel should be
searched thoroughly with particular attention to dark and unlikely places, including
areas apparently locked"
on container ships, searches of empty
spaces and deck vigilance is as necessary as with other types of vessels"
containers should be sealed before arrival at
the port by the shippers and details of the seal numbers given to the master"
all containers provided for loading without
seals should be opened, inspected as far as possible, and then sealed prior to
loading.
Whenever a stowaway is discovered on board after the ship has sailed,
arrangements must be made to repatriate the stowaway as soon as
possible. Ingosstrakhs local correspondent can provide assistance in
obtaining travel documents and arranging for the stowaway to be
repatriated to his country of origin.
In order to assist this process the following details should be obtained
from each stowaway prior to the ships arrival at her net port of call and
sent via fa or tele to Ingosstrakh, the owners, the agents at the net
port, and agents at the port where the stowaway:s5 entered the ship as
soon as possible!
a5 the port and the date the stowaway:s5
entered the ship"
b5 name of the stowaway:s5"
c5 stowaways date and place of birth"
d5 date and place of birth of either of the
stowaways parents"
e5 postal and residential address of both
stowaway and either parent"
f5 stowaways passport or seamans book
number, together with date and place of issuance"
g5 stowaways occupation and education"
h5 any birth marks, scars, etc."
If the stowaway has no identi.cation documents when discovered, a
thorough search should be carried out, as some stowaways hide
documents on board. If the stowaway has no means of identi.cation, the
following documents are also required!
i5 a full set of .ngerprints"
&5 passport#si,e photographs of the stowaway"
k5 a statement by the stowaway eplaining
how he came to be on board the ship. /is motives of stowing away must be
included"
l5 an etract from the ships logbook
eplaining how, when and where the stowaway was discovered on board.
Ingosstrakhs local correspondents can assist in obtaining the documents
listed :i#l5 above.
$. %ollision #ith another vessel
When an accident occurs, it is important for the master to contact as
swiftly as possible Ingosstrakh and the owners accordingly. If Ingosstrakh
covers collision liability for the ship and the collision occurred in a port
area, or the ship has to enter a port, the master should also notify
Ingosstrakh. When contacting owners or Ingosstrakh, the master should
report on!
the etent of the damage sustained by each
ship"
circumstances of the accident"
the other vessels name and nationality"
the prevailing weather conditions at the time
of the collision.
$he tet of o-cial Masters report%protest to be disclosed to third parties
should be prior agreed with 'wners%Ingosstrakh and should con.ne to the
facts only avoiding commenting on the question of fault.
In addition it is critically important for the master to make a
contemporaneous note of the following details!
a5 the eact time of the collision and any
discrepancy between the time noted by the bridge and the engine room"
b5 the position, course, speed and propeller
revolutions of ones own ship at the moment of collision"
c5 any alterations to course and speed
immediately before the collision, including the eact time of such alterations"
d5 visibility and other weather conditions"
e5 any signals given by ones own ship and any
signals given by the other vessel, including any B./.8. communication between the
two ships"
f5 the bearing of and distances between the
ships prior to the collision"
g5 the helm and engine manoeuvres before and
after the collision and the times of such manoeuvres.
$he time of the collision should be noted on the engine and course
recorder.
When the o-cers and crew have had an opportunity to report their
observations concerning the collision, a factual description of the incident
should be entered in the logs. $he entry should be made by the o-cer
who was on watch when the collision occurred and should be endorsed by
the master. In serious collision cases, lawyers will usually be appointed to
take statements from those persons who witnessed the collision. $hose on
board should not discuss the collision with anyone other than the lawyer
appointed by the owners or their insurers.
&. 'a(age to )*ed or +oating o,-ects
Whenever the ship causes damage to such .ed or 3oating ob&ect, the
owners and Ingosstrakh should be noti.ed as soon as possible, so that a
survey can be arranged without delay. If however the damaged ob&ect is
epected to be removed before arrival of Ingosstrakh(s surveyor, the
photos of the damages shall be made by the Master%crew in the .rst place
to preserve photographic evidence accordingly.
Pollution
Whenever pollution occurs the following steps should be taken as a
minimum!
Ofshore
Cotify the nearest coast state. )e aware that
very often a 6tates legislation is etended to apply to any occurrence within the
6tates >conomic Done which might be AEE miles :particularly the ?6A5. Coti.cation
should be made in concurrence with the procedure set out in a vessels contingency
plan.
Cotify 'wners%Managers.
Cotify Ingosstrakh and%or their nearest
correspondent.
In port In the !"#
Immediately notify!
your Fuali.ed Individual :tankers5 and
the ?.6. 7oast ;uard Cational 0esponse
7enter, or
the nearest ?.6. 7oast ;uard Marine 6afety
'-ce.
2lease note that a delayed noti.cation or a
failure to give notice can have far#reaching .nancial consequences.
In port $orldwide
Cotify local ships agent.
Cotify 'wners.
Cotify Ingosstrakhs local correspondent and
Ingosstrakh.
In all circumstances the vessels designated
6pill '-cer or 6afety o-cer, together with his strike team, shall immediately
evaluate the situation and determine how best to limit the pollution and contain the
spill.
A ma&or part of all oil spills occur during bunkering and is a result of poor
communication between those involved in the bunkering operations. It is
of utmost importance to maintain good communications between the
bunkering barge, deck watch, pump room and engine control room during
the entire operation. 8urthermore, it is not su-cient to rely on the meter
readings when it comes to toping#up the tanks, but soundings should be
taken at regular intervals.
If another vessel is noticed to be involved into the pollution incident close
to our vessel, the Master shall immediately report of the matter to the
local authorities.
11. Illness.in-ury
$he master should ensure that the ships medical chest is properly
maintained at all times.
In the event of any illness or in&ury to any person on board, the best
possible medical care must be provided until the person can be taken
ashore and hospitali,ed if necessary.
If illness or in&ury is such that the persons life in danger, the master
should consider diverting the ship to the nearest suitable port to obtain
proper medical treatment.
In cases of emergency, the master should seek medical advice over the
ships radio. In such circumstances, the master should keep a careful note
of the radio messages in the radio log.
In cases of personal in&uries occurring while the vessel is in ?6.waters, the
master should as soon as possible notify Ingosstrakh and their local
correspondent in order to obtain assistance and advice, enabling the
correspondent to take statements of witnesses, photos :if appropriate5,
retain parts of damaged equipment, etc., prior to the ships departure.
$he master should always prepare a detailed report describing the
incident both in in&ury and illness cases.