Maritime QuestionsLegal / Command

As Second Officer you notice the vessel is one crew member short of the number stated on the Safe Manning Document for an upcoming passage. What is the correct course of action?

A. Quietly redistribute watches among the remaining crew without telling anyone
B. Wait until port state control raises it, since it is not your responsibility as Second Officer
C. Sail anyway — Safe Manning Documents are guidance only and not enforceable
D. Raise it with the Master immediately, as sailing below the Safe Manning Document level is a breach that the Master is responsible for resolving before departure
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Under UNCLOS Article 98 and SOLAS Chapter V, the Master of a vessel has a legal duty to render assistance to persons found at sea in danger of being lost — including, in many cases, persons attempting an irregular sea crossing. Which statement best reflects how this duty interacts with immigration law?
A. The duty to render assistance to persons in distress at sea overrides immigration status considerations at the point of rescue; the Master must rescue and provide for their safety, while disembarkation arrangements and any immigration questions are a separate matter to be coordinated afterward with flag state, coastal state authorities and the company/DPA
B. The duty to render assistance does not apply if the persons are suspected irregular migrants — the Master may legally ignore them and continue on passage
C. The Master may only render assistance after receiving written authorisation from the company
D. Rendering assistance is discretionary and depends on whether the vessel has spare cabins
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Under MLC 2006, Regulation 2.3, the minimum hours of rest for seafarers must not be less than 10 hours in any 24-hour period and 77 hours in any 7-day period — and these minimums apply regardless of any contrary clause in the Seafarer Employment Agreement (SEA).
A. True
B. False
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