Maritime Questions › Regulations
In your oral, the examiner says: "Can a company override the master's decision on safety grounds under the ISM Code?" This is a key OOW question about the relationship between company authority and master's authority.
A. No. ISM Code Regulation 5 requires the company to establish the master's overriding authority and responsibility to make decisions on safety and pollution prevention. The company must ensure the master is not constrained by commercial pressures when taking safety decisions. The master's decision in safety-critical situations overrides company instructions.
B. Yes. The company can override the master on commercial grounds, provided the DPA approves the override in writing within 24 hours.
C. The master's authority is equal to the company's on safety matters, so disputes are referred to the flag state for resolution.
D. The master's overriding authority applies only when the vessel is at sea. In port, the company and port state control have equal authority to the master.
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A. The International Safety Management Code is a mandatory international standard for the safe management and operation of ships. It is given mandatory effect by SOLAS Chapter IX, which requires companies and ships of 500 GT and above on international voyages to hold a Document of Compliance (DOC) and Safety Management Certificate (SMC).
B. The ISM Code is a voluntary industry guideline published by the ICS that sets out best practice for ship safety management. Compliance is required for ships over 3,000 GT only.
C. The ISM Code is an MCA statutory requirement published under the Merchant Shipping Act 1995. It applies to all UK-flagged vessels regardless of size.
D. The ISM Code is mandatory under MARPOL Annex VI for vessels in emission control areas and requires a Safety Management System to be in place covering pollution prevention.
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A. The Document of Compliance (DOC) is issued to the company by the flag state or a recognised organisation on its behalf, confirming the company's SMS meets ISM Code requirements. The Safety Management Certificate (SMC) is issued to each individual ship, confirming the ship's SMS operates in conformity with the approved DOC.
B. The DOC is issued to the master personally confirming the master is competent to manage the ship's SMS. The SMC is issued to the company for all its ships collectively.
C. Both the DOC and the SMC are issued to the ship by the port state control authority after a PSC inspection. They are valid for the port in which the inspection took place.
D. The DOC covers environmental management under MARPOL and the SMC covers safety management under SOLAS. Both are issued to the ship owner.
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