Maritime Questions › Admiralty Commercial
A PSC inspector boards your vessel in Rotterdam and detains it for multiple deficiencies including: one lifeboat davit unserviceable, ISM records incomplete, and a main engine fault. Who do you notify and what is the procedure for release?
A. PSC DETENTION (Paris MOU / Netherlands port state): (1) IMMEDIATE NOTIFICATIONS: (a) Flag State: the detention must be notified to the flag state Administration immediately (Paris MOU Memorandum requires the PSC authority to notify the flag state). However the master should also independently notify the flag state MCA/Administration through the owner; (b) Company / DPA: notify immediately — the DPA is specifically responsible for supporting the vessel; (c) P&I Club: detention has significant commercial consequences and the club needs to be aware; (d) Charterer/Owner: commercial and operational implications; (2) RIGHT TO APPEAL: the master has the right to appeal the detention decision to the Paris MOU secretariat and to the flag state — this is rarely exercised immediately but is relevant if deficiencies are disputed; (3) RECTIFICATION: each deficiency must be addressed: lifeboat davit — arrange ship repair (class approved); ISM records — immediate completion of missing records (legitimate, not falsified completion); main engine — engineer survey and repair; (4) REINSPECTION: the PSC authority will require a satisfactory follow-up inspection before issuing a clearance; (5) FLAG STATE SURVEY: for major deficiencies, the flag state may conduct their own survey before lifting detention; (6) COSTS: all detention costs (port dues during detention, repair costs) are the shipowner's responsibility.
B. PSC detention is a matter between the PSC authority and the shipowner. The master has no direct obligations — continue normal operations and refer all communications to the company.
C. Only the flag state can detain a vessel. The Rotterdam PSC inspector has no authority to detain a vessel flagged in a different country.
D. Once detained, a vessel must return to the flag state's home port for repairs. Repairs at a foreign port are not recognised for the purpose of lifting a PSC detention.
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A. LLOYD'S OPEN FORM (LOF 2020) — the standard maritime salvage contract: Key characteristics: (1) NO CURE — NO PAY: the salvor is only paid if the salvage operation is successful (salved property is brought to a place of safety). If the vessel is lost, the salvor receives nothing (except potentially under the environmental protection enhancement — SCOPIC); (2) SCOPIC CLAUSE (Special Compensation P&I Club): a supplement to LOF that provides the salvor a safety net of "special compensation" for costs plus uplift if their efforts protect the environment, even if the salvage itself fails — to encourage salvors to attempt environmentally beneficial but risky operations; (3) AWARD DETERMINATION: the salvage award is fixed by Lloyd's arbitration (not the contract) — the salvor and shipowner are both bound to arbitration; (4) MASTER'S AUTHORITY: the Master has authority under admiralty law to sign a salvage agreement on behalf of the shipowner and cargo interests in cases of IMMINENT DANGER — the authority arises from necessity and the master's agency role. In this scenario — aground, salvage required — you MAY sign LOF on behalf of the shipowner. Immediately notify the owner and P&I Club. Consider inviting SCOPIC activation.
B. Never sign LOF without express authorisation from the shipowner. Wait until the owner is reached even if the vessel sinks. Only the shipowner can commit to a salvage contract.
C. LOF means the salvor is paid a fixed percentage of the vessel's value regardless of success. It is always better to negotiate a daily hire rate instead of LOF.
D. The master has no authority to sign any commercial contract. LOF can only be signed by the company's legal department. Reject LOF and request services under towage terms.
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A. GENERAL AVERAGE (GA): a principle of maritime law whereby extraordinary sacrifices or expenditures made voluntarily for the common safety of the venture are shared proportionally by all parties (ship, cargo, and freight). York-Antwerp Rules 2016 — the modern standard governing GA: Rule A: there is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure. REQUIREMENTS for GA: (1) Common peril — all parties (ship AND cargo) must face the same danger; (2) Voluntary act — intentional; (3) Reasonable — judged at the time; (4) Success — the property must be saved. In this scenario: flooding the engine room was voluntary, sacrificed cargo (destroyed by CO2 and flooding), and saved the ship — this is a classic GA act. DECLARATION: the master declares GA by noting it in the Official Log Book and notifying all B/L holders and cargo interests (through the P&I Club and average adjusters). The master appoints an Average Adjuster (Lloyd's Agents) to calculate each party's contribution. Cargo interests must provide a GA Bond and/or deposit before cargo is released.
B. General Average only applies if the ship's own cargo is sacrificed. Fire extinguishant damage to third-party cargo is a P&I liability, not General Average.
C. The master cannot declare General Average — only the shipowner can. The master's role is to record the facts; the insurance company declares GA.
D. General Average requires the sacrifice to be accidental. Since flooding the engine room was a deliberate decision, it is a tortious act and covered by hull insurance, not General Average.
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