Question 1

Your company operations manager calls and says "you must sail tonight — the charterer will fine us $50,000 if we miss the tide." You believe the weather makes departure unsafe. Your examiner asks: "What is your legal and professional position?" Give a Master-level answer.

Accepted Answer

The master has absolute overriding authority for the safety of the vessel, crew, cargo, and the marine environment under ISM Code Regulation 5 and SOLAS IV/4. Commercial pressures — however significant financially — cannot override this authority. The master should document the decision in the Official Log with reasons, inform the DPA, and require written authority from the company to sail if they persist. The company cannot lawfully discipline a master for a genuine safety decision. A master who sails in unsafe conditions on commercial instruction shares culpability for any resulting casualty. ISM Code Regulation 5 is the cornerstone of master's authority: "The Company shall establish in the SMS that the master of the Company's ship has the overriding authority and the responsibility to make decisions with respect to safety and pollution prevention and to request the Company's assistance as may be necessary." This is reinforced by SOLAS IV/4 and MLC 2006 Regulation 2.7 (manning and hours of rest). Multiple MAIB investigation reports identify commercial pressure as a latent contributing factor to accidents — the master's role is to be the final safety barrier. In UK law, the master has a common law duty of care to the crew that overrides any contractual obligation to the charterer. Documenting the decision in the Official Log protects the master legally. If the company persists, requiring written authority is both professionally appropriate and creates a clear record of where the decision was made.

Question 2

You receive a distress signal from a vessel 80nm away. Your ETA to the casualty is approximately 6 hours. Your vessel is fully loaded with time-critical cargo. Describe your legal obligations and the factors you must consider.

Accepted Answer

SOLAS Chapter V Regulation 33: the master of a ship at sea which is in a position to render assistance on receiving information from any source that persons are in distress at sea is bound to proceed with all speed to their assistance. This obligation is absolute — there is no commercial exemption. You must proceed at best speed, inform the cargo interests and charterer, and advise the MRCC of your ETA. The obligation is released only if: you receive information that assistance is no longer necessary; another vessel is better placed and the RCC releases you; proceeding would seriously endanger the ship or persons on board; or the distress is being handled by another vessel or shore authority who has released you. Failing to render assistance without lawful reason is a criminal offence in most jurisdictions. SOLAS V Reg 33 and UNCLOS Article 98 establish the master's duty to render assistance as a peremptory norm of international maritime law — it cannot be contracted away. The International Convention on Maritime Search and Rescue 1979 also imposes obligations on states to coordinate SAR. The releasing conditions listed are precise: the MRCC (RCC) must formally release the master from the obligation — the master cannot unilaterally decide assistance is no longer required. P&I Clubs provide clear guidance: proceed to render assistance, advise charterers, document everything, and the resulting costs (deviation, cargo damage, delay) are typically covered as General Average or covered by P&I under the duty-to-assist obligation. Criminal prosecution for failure to render assistance has occurred in multiple jurisdictions (UK MSA 1995 s.93; US 46 USC 2304). At Master Unlimited level, this is a fundamental command examination question.

Question 3

During a routine check 6 hours after departure from Lagos, the Chief Officer discovers two stowaways in a cargo hold. What are your immediate obligations as master?

Accepted Answer

Immediately: secure the stowaways humanely; provide food, water, shelter, and basic medical care; inform the flag state and the company/DPA; complete a Stowaway Details Form (IMO FAL Form 13). Notify the next port of call authorities and the MRCC as required. Do NOT return to the port of origin without flag state and company guidance — this creates its own legal obligations. The stowaways may not be disembarked at just any port — the IMO Guidelines on the Treatment of Stowaways (FAL.3/Circ.194) require identification of country of origin, attempt at repatriation, and prohibition on abandonment at sea. Port entry with stowaways requires advance notice; denial of entry by port state is possible. IMO FAL.3/Circ.194 "Guidelines on the Treatment of Stowaways" (2011) is the primary reference. Key principles: (1) stowaways must be treated humanely and in accordance with their human rights at all times; (2) the master is responsible for their welfare throughout the voyage; (3) the flag state must be notified; (4) IMO FAL Form 13 (Stowaway Details) must be completed and sent to the next intended port, the flag state, and the company; (5) the stowaway may not simply be disembarked at any convenient port — the port state has authority to refuse entry; (6) unilateral abandonment at sea or forced return to a country where they may face persecution violates international law. In practice, stowaways from West African ports create significant operational complications — advance notification to P&I Club is essential as the Club provides legal and practical assistance. The costs of stowaway repatriation are typically a P&I matter.