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FLASHLIGHT - January 2004 Edition
No: 27
(Past editions can be viewed on http://www.asiaconference.biz) Quotes of the month 'Nothing we ever imagined is beyond our powers, only beyond our present self-knowledge.' Theodore Roszak 'The computer is only a fast idiot, it has no imagination; it cannot
originate action. It is, and will remain, only a tool to man.' CONTENTS (for full stories, select a headline)
FLASHLIGHT is a free monthly emailed newsletter for Marine Surveyors. It is circulated to anybody who wishes to receive a copy, eg, Marine Surveyors, P&I Clubs, their correspondents, Underwriters, Professional Institutes, Admiralty Lawyers, etc. Please pass it on to any of your contacts who you feel might be interested in receiving it. If you do not wish to be included in the circulation list, please contact the Editor at the email address below. Letters, opinions and articles relating to our profession are welcomed for the newsletter. New readers this month: A John Morawski, Lloyds Agent Palma de Mallorca, Spain. IMO needs to be given teeth William O'Neil, outgoing head of IMO says that the organisation needs to be given teeth to ensure that shipping safety and marine environment protection regulations are properly applied. In one of his last engagements before retiring from the organisation which he has led for 14 years, Mr O'Neil stated that the future focus should be on implementing existing regulations rather than drawing up new ones. PSC has developed as a way of policing standards but is not the best way to do it and if IMO is going to be successful, it has to change. The organisation is currently developing an audit scheme to check whether member states are conforming, presently being voluntary but likely to become mandatory. "At the end of the day, change is going to have to come in the system and IMO will have to get the ability to ensure that regulations are observed" he stated. "There will be opposition, but if we want to get rid of second-rate ships, second-rate operators and second-rate crews, it is the only way to go. We cannot continue to have an industry that only gets into the press when things go wrong" he warned. "If we are going to achieve our objectives and if implementation is to be done properly, there will have to be some kind of sanctions." He went on to state that a major challenge is fragmented industry which lacks cohesion. Security checks The 20 countries belonging to the Paris MOU on Port State Control have announced a special programme of checks on shipboard compliance with the new ISPS Code. Vessels found without a ship security certificate during an inspection campaign starting in January 2004 will be issued with a warning letter. Paris MOU committee Chairman, Alan Cubbin, said an action plan is being considered to inspect all ships covered by the ISPS Code after July. Fresh fears on security measures Concerns have been raised about application of the new ISPS Code aboard ship. Questions are being asked about the standards of training for shipboard security officers (SSO), the ensuing extra workloads and the poor chances of the shipping industry meeting the July deadline for compliance. It is suggested that the SSO's workload is phenomenal, being piled on top of already overloaded officers. Ed: It was recently reported that there will be shortage of suitably trained and qualified surveyors to audit the ISPS systems. The cost of the training courses is significant and will be borne by those survey companies who believe that there is a market in this work. However, previous experience with the ISM Code and auditor training was a sobering experience for many companies who were lulled into participating, Class monopolising the work. Recruitment demand During 2003 there was a significant demand for personnel to fill vacancies in ship management and technical operations, according to the UK maritime recruitment company Spinnaker Consulting. MD Phil Parry said shipping industry employers are becoming more professional in their recruitment techniques. (See www.shippingjobs.com) Single hull tankers Flag states have agreed a compromise timetable on controversial plans for the accelerated global phase out of single hull tankers. Talks at IMO's environment protection committee last month resulted in a deal that will ban single hull tankers from carrying heavy grades of oil with effect from April 2005. Delegates also agreed to set a deadline of 2010 for the withdrawal of single hull tankers with a condition enabling certain ships to remain in service until 2015 or until they reach 25 years, subject to a special condition assessment scheme. Intertanko welcomed the solution as being a reasonable compromise, although it suggested the definition of 'heavy' could have been substantially improved. It also warned that provisions whereby a port state may deny entry to certain vessels permitted to trade by international regulation and by their flag state is likely to lead to considerable confusion in practice, as operators, Charterers, brokers, insurers and the rest of the tanker industry attempt to ascertain which ships can trade with which cargoes to which ports. Ed: If in doubt scrap it? Cruise ship deficiencies Concern has been expressed at the results of a recent concentrated PSC inspection programme targeting cruise ships. The checks were carried out over a three month period on passenger vessels visiting ports in the 20 Paris MOU countries. A total of 147 inspections were carried out and deficiencies were found on 69 ships. Two vessels were detained on the ground so unsatisfactory fire drills. Ed: Perhaps the Safety Officers on these ships were too busy implementing the ISPS Code? Explosive beads Warnings have been issued by the UK P&I Club with respect to expandable polymeric bead cargoes following a number of recent explosions and fires on container vessels. The beads are a packaging and moulding material in the form of granules or beads, about 3 mm in diameter. During transport they may release the volatile hydrocarbon pentane which in turn may lead to the generation of flammable concentrations of gas. Containers containing this cargo should be placed in a well ventilated space, preferably below 20 degC and away from heated bunker tanks or engine room bulkheads. Nigerian dangers Tanker Owners have expressed concern over corruption and harassment in Nigerian ports. Intertanko has warned masters to consider waiting well offshore pending instructions following an incident in which crew members were threatened by bogus officials who boarded their vessel. Class criticism The EU has slammed eight member states for failing to implement directives on classification and port state control. Philippines fraud Government officials in the Philippines have claimed that their all out war against fraudulent seafarer certification is paying off with more than 340 charges filed against individuals involved in fake licences. The Government says that the clean up action is part of a programme to sustain and even increase the Philippines share of the global crewing market. Spanish image ANAVE, the Spanish Owners' association is to launch a plane to improve the public image of the shipping industry. The campaign aims to show the major role that maritime transport plays in the country's economy and to counter the 'distorted' public perception of shipping created by the Prestige disaster. Ed: Whilst we welcome any attempts to improve the image of shipping, shouldn't they be concentrating on improving the image of their Government following the Prestige disaster? (With thanks to the NUMAST Shipping Telegraph) The end of an era? Is P&O likely to be in shipping for much longer? It has recently been announced that Nedlloyd would control P&O Nedlloyd container service leaving P&O with little of its vast P&O shipping empire. The previous British shipping giant has sold its bulk operation, its cruise ships and will soon have only a minority interest in a Dutch-controlled container line renamed Royal P&O Nedlloyd NV. How much longer with the ferry operations remain? Lord Sterling seems to feel that shipping will not provide the dividends required by his shareholders, his actions suggesting that P&O Ports will be the big earner. Hit and run claims six lives A CAPTAIN and third mate of a bulk carrier have been arrested after
apparently fleeing the scene of (Fairplay Daily News: news@fairplay.co.uk) The following is taken from the presentation given by Captaiin Chris Spencer at the 2003 Marine Surveying & Loss Prevention Forum, Ho Chi Minh City, Vietnam, 23 & 24 October 2003. It is retained in its summary form: Duty of Care - What Does It Mean? DUTY: • “that which is due” or “what one is bound by any obligation to do” or “performance of function or service”. CARE: • “afflication, anxiety, heedfulness, heed, charge, oversight”.
CARE: • “afflication, anxiety, heedfulness, heed, charge, oversight”.
To Whom is it Owed? • To your reputation. Duty to your Client • Advise them correctly and truthfully. Complications • Can you ever know enough? Duty to others Training • On the job. Continuous Professional Development • IIMS offers a Diploma in Marine Surveying and in Small Craft
surveying. The Future of Training • Initial training. Registered Marine Surveyors • Target: Chartered Status. Qualifications and Training • 2nd Step: Closing the door without appropriate training and qualification.
The IIMS • Promotes Professionalism. Current courses on offer: IIMS Short Courses • Five courses on various types of small craft and corrosion in
the maritime sector. Ed: We hope that this will give pleny of food for thought for marine surveyors. For further information contact: iims@compuserve.com
or chris.spencer@cfspencer.com
Container Security When I was a bright eyed and bushy tailed cadet, I was fortunate to be on the North Atlantic general cargo trade between Liverpool and North American ports. One of my first lessons was to find out that the ship's cargo was fair game to anybody who could gain access to it. This included both the ship's crew and dockers. It was partly because of the level of pilferage and damage that containerisation came into being. There were the jokes about the Liverpool docker being known as Darrell because every time he went down the hold he would point at various items and say "Darr'll do for the missus, darr'll do for the kids." Then there was the other docker who was known as the Miner because he would point at the cargo and say "Mine!" And so the cargoes started to be locked up in containers with seals. More recently I had to investigate the cause, nature and extent of damage to seven containers in Hong Kong. The vessel had visited the container port at Chiwan, China, where the crew had noted some men (we don't know yet if they were stevedores) using a bolt cutter to open the containers and inspect the contents, obviously on a shopping trip before Chinese New Year. Fortunately for all concerned they contained items which could not be moved easily, ie, steel rolls, and so they went away empty handed. How things have come full circle in forty years. Any suggestions for nicknames of Chinese stevedores (Clean, please!) Rogue states The Prestige/Tasman Spirit incidents and ensuing nastiness have rarely been out of the news of late. The detention of the Master in Spain, together with the Master, crew and salvage personnel in Karachi raise some interesting questions on the legality of such actions. It is not surprising that the head of the Malta Flag Authority is not travelling in Europe these days, the Flag having been implicated in one incident. These events raise possible problems for marine surveyors. Is there a possibility of surveyors also being detained by rogue states hoping to hold their principals to ransom? During 2003, the undersigned acted on behalf of Underwriters and P&I in the matter of a reefer vessel causing damage to the berth, two other vessels, two deaths and pollution in a North Korean port. The Lawyer and I were fortunate to enter and leave without too many problems, although we suspected that all our phone calls and emails were being monitored. We believe that if the Owners' representative had entered he could well have been arrested and detained. Our leverage was that there would have been no settlement if we had been held ransom. We hope that this leverage long continues to prevail! Mike Wall The 2004 Asian Marine Surveying Forum will be held in Bangkok on 25 and
26 November. Those interested in presenting papers, sponsorship, exhibiting
or attending should contact the editor at the email address below. ll.
None this month. From the Timesonline: "Lawyers need to be more sceptical of expert witnesses and more willing to challenge their evidence" Ed: Why did they hire them in the first place?!! The J W SLater Fund, operated by NUMAST, now has more funds than ever to help ratings into an officer career due to recent contributions. Since its inception in 1977 the fund has made more than 530 grants to help would be officers with the cost of their training for certificates of competency or other important qualifications to help develop their careers. The fund, which gives grants to UK resident seafarers aged 20 and over to help pay for college tuition, now trains m roe ratings to officers per year than the rest of the industry combined and a recent increase in support will mean a considerable increase in rating to officer numbers. (See http://www.numast.org) The latest distance learning course towards obtaining a Diploma in Ship's Superintendency, offered by the National Sea Training Centre and Lloyds Maritime Academy, begins on 23 March 2004. The organisation also offers the Diploma in Marine Surveying and Diploma in Ship Agency courses. For further information see www.lloydslistevents.com/dlsuperintendency. Those wishing to learn more about our profession should access the UK
P&I's publication 'Carefully to Carry'. See below. Please included this in the next edition of Flashlight. Your surveyor readers might find it useful when invoicing Indonesian insurers. I was engaged by Ace Insurance of Sydney to conduct a damage survey, in New Zealand, on a CIF shipment. No insurance certificate was issued to the consignee and this fact was reported. The survey was carried out, a report issued and my survey sent off to Ace Insurance. I have an excellent working relationship with Ace Insurance and what follows has nothing to do with them at all. After a period of many weeks, Ace Insurance advised me that the CIF insurance was not held by them. The consignee held an open policy with Ace which of course did not apply to any CIF purchases. They were very helpful though and did advise me that the insurer was PT AVIVA Insurance, Jakarta and that, with PT AVIVA's agreement, I should re-direct my invoice to them. Delays had been encountered in finding out where my report and invoice should be directed. Not wishing to be out of funds for longer than necessary I re-addressed the invoice to PT AVIVA and sent it as a PDF file via e-mail. Two months later, after sending several requests for settlement I receive a reply indicating that PT AVIVA was not only not able to accept the PDF invoice but that I should have to sign an original paper invoice and send it by snail mail. I must admit that I was angry to say the least. I was now out of pocket for my fee for nearly 5 months (shades of the 'good old days' waiting for London underwriters to settle?) and here was a company asking for a snail mail invoice plus a signature on it. Several e-mails were exchanged but I remained adamant that the PDF file was 'original' enough. I did relent somewhat though and added an Acrobat digital signature to it. I also wrote (by snail mail) a letter of complaint to the General Manager of PT AVIVA asking for his/her intervention to speed things up. No reply was received to my letter of complaint. Today (12 December), I notice that PT AVIVA had direct credited funds to my bank account. Hooray! My joy was short lived however. The amount was not correct. My NZ bank had taken their handling fee on the direct credit transaction (thieves!) but still there was not enough. I e-mail PT AVIVA asking for an explanation. I soon received a reply. With astonishment (my gast has never been so flabbered) I learn that a 25% Indonesian tax had been applied to my survey charge (time and trouble hourly rate)… Let's get this straight - I was being taxed by the Indonesian Government? For work carried out in New Zealand? - Am I an Indonesian company? - Don’t think so! BE WARNED surveyors - when billing an Indonesian principal, make sure you add enough (at least 25%) to your invoice to cover for weird and wonderful Indonesian tax deductions! I am now trying to recover my loss - but I think it will be an uphill battle :)) Watch this space... !!! Neil Abbott ED: I have heard of banks taking a commission on bank transfers, etc, but never a tax on a payment for work done by a company from outside a country which is not resident in that country. Many expatriate survey companies operate overseas by keeping their head office overseas and billing from their head office in another country to avoid double taxation. Some surveyors register their companies in BVI or Mauritius to avoid high local taxes, but that's another story! CHRIS HUNTER - AN OBITUARY Captain Chris Hunter, principal of Glasgow College of Nautical Studies, died suddenly at the college just before Christmas. He was 61. Michael Grey, who delivered the eulogy at Chris's funeral, wrote the following obituary in Lloyd's List. Passionate believer in maritime education: Captain Chris Hunter, who has died aged 61, helped two nautical colleges to flourish during a difficult time. Captain Hunter had been principal of the Glasgow college since 1991, moving to Scotland from the National Sea Training College at Gravesend, where he had been principal for seven years. He served as vice-chairman of the UK Shipping Industry National Training Organisation, chairman of the Nautical Institute Education and Training Committee, chairman of the Gorbals Initiative, governor of the BIMCO Education Committee, and chairman of the Scottish Further Education Unit. Before his move into maritime industry education, he had spent 25 years afloat and ashore with Port Line and Cunard Steamship Co. He had been awarded an OBE for services to further education in Scotland. He is survived by his wife Irene and three daughters. Chris Hunter was a passionate believer in maritime education but was a pragmatic and practical operator, who kept both Gravesend and Glasgow colleges afloat and flourishing at a time in the early 1990s when sea training in the UK was at a low ebb. He was a strong supporter of the better-educated seafarer, and Glasgow's success at combining an honours degree with statutory qualifications owes much to his enthusiasm. He will be greatly missed for his friendly determination, ability to get things done, good humour and sheer Liverpudlian common sense. He was a great shipmate during three long voyages on board Port Line's Port Townsville in the 1960s, before containerisation made seagoing less fun. He was subsequently to sail on Blue Star and ACTA ships, and Cunard's Queen Elizabeth 2, aboard which he met his wife Irene. His final command at sea was of the one-time Port Line flagship Port Auckland, which he converted - somewhat improbably - into a sheep carrier in Singapore, but which gave him a fund of good stories. His untimely death will be a terrible shock to friends and colleagues, but above all to Irene and their three daughters to whom we offer our sympathy. Capt. Larry Heron, formerly of Taipei, Taiwan, has moved to P&I Correspondents Mutual Marine Services Al Mushtaraka in Jeddah. Contact: larry.heron@mushtaraka.com At the end of March Clive Beesley of Ince & Co, Hong Kong, will be
relocating and with effect from May 2004 will be based in the London office
of Ince & Co. 'Carefully to Carry' We have previously extolled the virtues of getting on the mailing list with the UK P&I Club for this publication. The January 2004 edition warrants special mention with its excellent graphics and illustrations on such items as container lashing on deck, Thiourea dioxide, expandable polymeric beads, ventilation, silver nitrate testing and pharmaceuticals. The contents are compiled by Karl Lumbers with the able support of an advisory committee comprising many experts in their fields. Earlier editions can be viewed at: http://www.ukpandi.com
Rescue at sea, Clayton Evans, GBP35, published by Conway Maritime Press, Chrysalis Books, Bramley Road, London W10 6SP. The author, who is a lifeboat coxwain, has written a comprehensive and
beautifully produced book covering the history of rescue at sea and the
underpinning principles and technologies that have governed its development
and application around the world with some harrowing examples. If your (marine surveying) company has a web site, let us know and we will try to mention it. Below are some web pages we believe might be useful to marine surveyors. www.numast.org www.aimsurveyors.com.au www.friendsreunited.co.uk www.marine-society.org
That pulls up a list; if you then click on the word 'free' in the right hand column you are linked through to the relevant website. If your readers know of any companies with sites that we do not list (or that we have an out-of-date address for) we would like to have details to update the database. http://www.acms-usa.com/ www.equasis.org The Federation
of European Maritime Associations of Surveyors and Consultants 2003 Marine Surveying & Loss Prevention Forum, Ho Chi Minh City, Vietnam, 23 & 24 October 2003. Report by Captain Chris Spencer. On arrival I was immediately given lunch and then asked to Chair the
afternoon session of the first days lectures.....Not my prefered entrance
to a seminar! The standard of presentations was varied and interesting
with many aspects of surveying addressed from fully detailed Rice Loading
Supervision (Viet Nam is one of the largest rice exporters in the world,
needless to say they are loading Rice onto ships virually continuously
at several ports around the country), to the Tier 3 Oil Spil Requirements.
** IMO Conventions ** IMO regularly updates its web page with new and amended conventions: http://www.imo.org/ Here you can browse through the various publications that are available and buy those which interest you. To navigate the publications you can either select one of the categories or use the advanced search. Just Published: • Manual on Maritime Safety Information (MSI) If you have a marine related conference coming up, why not let us know so that we can mention it below? 2 - 4 March 2004, TOC Asia, Suntec Singapore, Singapore. Lloyd's List Events 22 - 24 March 2004, International Chemical and Oil Pollution Conference
and Exhibition. Shangri-La Hotel, Singapore. 19 & 20 April 2004. The National Association of Marine Surveyors,
Inc. Spring National Conference, New York, NY. Theme is “Looking
into the Future.” 26-30 April 2004, Fifteenth International Congress of Maritime Arbitrators,
London 3-5 May 2005 Cruise & Ferry 2005, Earls Court Two, London. Lloyd's List Events 18-20 May 2004, Logistics Hong Kong 2004, Hong Kong Convention &
Exhibition Centre Some maritime conference web sites for you to keep up to date: http://www.cconnection.org/
Stiff Drink Anyone? Pfizer Corp. announced today that Viagra will soon be available in liquid form and will be marketed by Pepsi Cola as a power beverage suitable for use as a mixer. It will now be possible for a man to literally pour himself a stiff one.
Obviously we can no longer call this a soft drink, and it gives new meaning
to the names of "cocktails," highballs," and just a Pepsi will market the new concoction under the name of: "MOUNT & DO." WISDOM I once had a rose named after me and I was very flattered. But I was
not pleased to read the description in the catalogue: "no good in
a bed, but fine up against a wall". Last week I stated this woman was the ugliest woman I had ever seen.
I have since been visited by her sister and now wish to withdraw that
statement. The secret of a good sermon is to have a good beginning and a good ending;
and have the two as close together as possible. Santa Claus has the right idea -- visit people only once a year. Be careful about reading health books. You may die of a misprint. What would men be without women? Scarce, sir, mighty scarce. My wife is a sex object -- every time I ask for sex, she objects. By all means marry: If you get a good wife, you'll become happy; if you
get a bad one, you'll become a philosopher. I was married by a judge. I should have asked for a jury. My wife has a slight impediment in her speech -- every now and then she
stops to breathe. The male is a domestic animal which, if treated with firmness and kindness,
can be trained to do most things. I never hated a man enough to give his diamonds back. Only Irish coffee provides in a single glass all four essential food
groups: Don't go around saying the world owes you a living. The world owes you
My luck is so bad that if I bought a cemetery, people would stop dying.
Money can't buy you happiness, but it does bring you a more pleasant
form of misery. What's the use of happiness? It can't buy you money. I am opposed to millionaires, but it would be dangerous to offer me the
position. Youth would be an ideal state if it came a little later in life. I don't feel old - I don't feel anything until noon. Then it's time for
my nap. A woman drove me to drink -- and I hadn't even the courtesy to thank
her. I never drink water because of the disgusting things that fish do in
it. It takes only one drink to get me drunk. The trouble is, I can't remember
if it's the thirteenth or the fourteenth. Don't worry about avoiding temptation...As you grow older, it will avoid
you. Maybe it's true that life begins at fifty...But everything else starts
to wear out, fall out, or spread out... Doctor to patient: I have good news and bad news -- the good news is
that you are not a hypochondriac... The cardiologist's diet: if it tastes good, spit it out. By the time a man is wise enough to watch his step, he's too old to go
anywhere. It's hard to be nostalgic when you can't remember anything... Some Aussie Bumper Stickers & Signs On a Septic Tank Truck in Tamborine: On a Septic Tank Truck sign: Sign over a Gynaecologist's Office: On a Plumber's truck: On a Plumber's truck: Pizza Shop Slogan: At a Tyre Shop in Southport: On a Plastic Surgeon's Office door: At a Towing company: On an Electrician's truck: In a Nonsmoking Area: On a Maternity Room door: At an Optometrist's Office On a Taxidermist's window: In a Podiatrist's office: On a Fence: At a Car Dealership: Outside a Muffler Shop: In a Veterinarian's waiting room: At the Electricity Company: In a Restaurant window: In the front yard of a Funeral Home: At an LPG Filling Station, A sign at a Southport Radiator Shop: Disclaimer: Articles and reports reflect the views of the individuals who prepared them, and, unless indicated expressly in the text, do not necessarily represent the views of the editor. Whilst every effort has been made to ensure that the information in this publication is accurate, the editor makes no representation or warranty, expressed or implied, as to the accuracy, completeness or correctness of such information. The editor accepts no responsibility whatsoever for any loss, damage or other liability arising from any use of this publication or the information which it contains. The contents of the publication are the responsibility of the editor alone. News, views, enquiries, suggestions, articles and letters for inclusion
in Mike Wall |
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