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  FLASHLIGHT - September 2007            Edition No: 67

Past editions can be viewed on http://www.asiaconference.biz

The 2007 Asian Marine Insurance and Surveying Forum
'Marine Surveyors - Adding value to the shipping industry'
15 &16 November 2007
Sofitel Hotel, Silom, Bangkok, Thailand.
Contact Asia Conference Ltd:  marine@asiaconference.biz
(Training Workshop also available on 14 November)

CPD Certificates, accepted by all Marine Surveying Professional Institutes, will be issued upon request.  (Delegates earn 1 IIMS CPD point.)

Those interested in attending should contact Mrs Sara Taylor at Asia Conference Ltd: marine@asiaconference.biz

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Quote of the month ...
Always tell the truth. Then you'll never have to remember what you said the last time.Sam Rayburn (1882-1961)

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CONTENTS (for full stories, select a headline)

MBIEDU Campus:      www.mbiedu.org

•    Vehicle stowage under (49CFR) PART 176 - October 1st 2007 to October 10th 2007
•    Basic Cargo Survey October 5th 2007 to October 25th 2007
•    Basic Yacht damage begins November 5th   to December 20th 2007
•    Vehicle stowage under (49CFR) PART 176 - December 1st 2007 to December 20th 2007
•    Basic Hull survey class will begin on January 15th 2008 to March 1st
•    The MARAD Approved Maritime Security Awareness classes begin on the 15th of each month and runs for 7 days each.

These classes are currently open for enrollment, visit the online campus at www.mbiedu.org for more information. Courses earn continuing education credits.

 

At the Bow

FLASHLIGHT is a free monthly emailed newsletter circulated to more than 5,000 people involved in marine surveying around the world.  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.  It is a collation of articles relevant to our profession taken from various publications together with contributions from readers.  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:

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Spindrift

Below is a selection of articles gleaned from various publications over the last month which we believe will be of interest to our readers:

‘Vague’ EU asylum policy draws fire

BRUSSELS 26 September – Maritime interests have criticised the European Union for dodging the issue of stowaways and people rescued at sea. In a statement published last week, the Council of the European Union “encourages” member states to provide support and share responsibilities for asylum seekers and refugees. This is one ‘conclusion’ adopted by the council with regards to reinforcing the EU’s southern maritime borders. However, US maritime lawyer Dennis Bryant said, “The document dances around the issue of allowing ships that rescue economic migrants in distress to disembark those persons at the first convenient port.” Other conclusions call upon member states and border agency Frontex to identify and implement longer-term measures on maritime, including joint operations at certain (un-named) high-risk areas, and calls on member states to adequately equip Frontex to make such a task a reality next year.

Chief calls for US transport policy

CHARLESTON 26 September – Port directors across the US are working hard to confront the projected doubling of container volumes by 2020 – but the real problems begin beyond port gates. That was the concern voiced yesterday by Bernard Groseclose, president and CEO of the South Carolina State Ports Authority, who told an American Bureau of Shipping – Nautical Systems users’ conference that the country must confront the growing congestion on roads and rails. The past president of the American Association of Port Authorities said the country’s transportation is a pressing issue, but noted that none of the candidates seeking the presidency has listed it among their priorities. “I listen to the debates and I don’t hear it being discussed,” he said. Groseclose pointed to efforts by the Waterfront Coalition, the National Alliance of Manufacturers and the US Chamber of Commerce to find solutions and the means of paying for them. “It will take co-operation from all stakeholders,” he implored, noting that the federal government needed to take a leadership role in the issue. “We need a national transportation policy,” he urged. “Otherwise, we will not be able to handle the growth.”

London holds on to top position

LONDON 25 September – London is maintaining its position as the world’s leading maritime centre according to International Financial Services London (IFSL). Its newly released 2006 report says that despite fierce competition from Japan, Germany and the USA, London still handles nearly a quarter of international marine insurance premiums. London dominates the P&I sector with two-thirds of the global market. In terms of ship finance, London holds a loan book of $49bn provided by commercial banks which accounts for 18% of the world book. Lloyd’s Register, as the world’s second largest classification society, accounts for 19% of the world fleet. Half of the world’s tanker broking and 30-40% of dry bulk chartering are accounted for by London’s 400 shipbroking companies as well as more than half of the of the world’s $34bn newbuilding and second-hand S&P markets. IFSL also points to a record $56bn total value of freight contracts traded in the London e-counter derivatives market last year, almost double that of the 2004 and 2005. However, there was a small drop last year in the net exports of UK shipbrokers, slipping from $735M to $706M, but these still accounted for half the maritime market’s overseas earnings. The IFSL report also highlights that 14,300 people are working in the maritime services sector including 5,000 in shipbroking.

Fatal ferry master jailed

SEMARANG 25 September – A panel of judges at Semarang Court sentenced the shipmaster of Senopati Nusantara to 2.3 years behind bars on Monday. This was shorter than the three years sought by prosecutors, according to a report by the Seputar Indonesia daily, but judges said Wiratno Tjendanawasih had no criminal records before the Senopati accident. “That shortens his term in jail,” a judge said. Other factors include his co-operation with investigators and good behaviour in court. Judges also considered the quick response of PT Prima Vista, the owner of the Senopati Nusantara, which had already compensated victims. Tjendanawasih was guilty of navigating improperly in rough weather and carelessly manoeuvring the ship, which eventually sank in the Mandalika sea, off Central Java, in December last year, killing 46 people.

Senate OKs needed dredging funds

WASHINGTON, DC 25 September – Much-needed dredging funds are included in the $23bn water resources bill the US Senate passed last night, risking a promised presidential veto. The Senate voted 81-12 to approve the conference committee compromise bill that the House passed in August on a 381-40 vote. The margin was sufficient to override any veto, making President George Bush’s threat a hollow one. “He knows it’s going to be overridden,” Oklahoma Republican Sen James Inhofe, a leading supporter of the widely popular measure, told the media. The bill, which has money for projects in every state in the union, contains funding for about 700 separate programmes to support dredging, dam and lock repair and wetlands restoration projects that have been delayed for years. It has been among the top legislative projects this year for the American Association of Port Authorities. But the compromises resulted in an extra $9bn for local projects, and this has upset the White House. But California democrat Sen Barbara Boxer defended the bill. “These programs are necessary… This makes a substantial commitment to protecting our nation’s wetlands, navigation routes and recreation opportunities. It is crucial to our country’s economy,” Boxer told a press conference.

Bomb hoax targets NCL

NEW YORK 24 September – Norwegian Cruise Line’s 75,000gt Norwegian Spirit was searched by the NY Police Department on Saturday after a caller claimed there was a bomb on board. US Coast Guard Petty Officer 3rd class Annie Berlin confirmed to Fairplay that the NYPD took the lead in the case, and that the USCG escorted the vessel out of the harbour after the search. The NYPD reportedly received a call to Emergency Services in which the caller said "Sa'id, my brother, works on the boat. He has a bomb and it's going to go off at 1900." According to press reports, heavily-armed police officers and the bomb squad boarded the 1,996-passenger vessel, which departed Manhattan at 1915 after a three-hour delay. The NCL ship was offering a one-night 'dance and dinner' cruise out of New York, and press reports indicated that several nervous passengers opted to disembark after the scare.

New setback for Hawaii Superferry

KAUAI 24 September – Hawaii Superferry has decided against resuming service to Kauai this week in the face of intense, continuing protests from residents. The operator had planned to re-start service to Nawiliwili Harbour on 26 September after the US Coast Guard instituted a new security zone that would allow better policing of waterborne protesters who had blocked the ferry in August. But the company changed its mind after more than 1,000 residents jammed a public hearing last week held by Hawaii Governor Linda Lingle. Lingle, who supports Hawaii Superferry, told the attendees that resumption of the service to Kauai would "help restore the state's reputation as a place of mutual respect for those with differing points of view". But vehement critics of the ferry service vowed that they would continue to block the ship's arrival, despite the new security zone and risk of imprisonment. They also shouted down the governor, who told reporters she had "never experienced the level of rudeness" encountered in the hearing. Hawaii Superferry then issued a new statement late on Friday, explaining that "for the safety of the community, our passengers and our employees, the resumption of service to Kauai will be delayed to an unspecified future date". That decision came in spite of the company's Kauai circuit court victory on Thursday in which a judge affirmed the company's compliance with environmental laws on the island. Legal proceedings continue on the island of Maui over the company's environmental compliance there.

Ferry runs aground in Bali

JAKARTA 24 September – A ferry carrying 150 passengers ran aground Friday noon; some 300m off Bali’s Padang Bai ferry terminal. Immediate reports said all passengers had been evacuated and there was no port congestion”[They passengers] are all in Padang Bai whereas the vehicles are still in the vessel,” said a source close to the mishap. The Nusa Penida was reportedly carrying 150 passengers, 3 buses, 21 cars and 16 motorcycles and was making a regular trip from Padang Bai terminal to Lembar in Lombok in West Nusa Tenggara province when it was caught in rough weather. It is unclear why Padang Bai port officials had given clearance for the ship’s disembarkation despite being forewarned of bad weather. Meanwhile, efforts to pull the Nusa Penida to shore through the use of another ship, the Nusa Sakti failed. The vessel was certified seaworthy by its port administrator, Mother Sudarta, before it departed last Friday.

Safety management blamed for hijack

COPENHAGEN 02 October – Danish union 3F is pursuing a claim of claim of $1.8M in compensation against H Folmer & Co, the owner of cargo ship Danica White, which was hijacked off Somalia in June. The ship’s five Danish crew – two officers and three seamen – were taken hostage and held captive for 83 days. The union is claiming back pay and compensation for the experience suffered by the three crewmen who are union members said 3F spokesman Morten Bach.  It is alleged that the shipmaster’s actions allowed the ship to be hijacked. These acts were sailing too close to the Somali coast, not posting a lookout and the having a pirate alarm on board that did not work. If we do not receive any money this week, we will go to court.  The Danica White and the hostage seafarers were only freed in August, after the pirates were reported to have received a $1.5 M ransom. It was paid by an unknown party but not believed to have come from Folmer. On 9 May this year, safety management of the Folmer fleet was taken over by Danish ship management and operator Erria A/S, after permission for H Folmer to oversee the ISM for its fleet was withdrawn. Since that time all the Folmer ships have been transferred to six-month interim ISM certificates.

(With thanks for Fairplay Daily News: news@fairplay.co.uk)

MAIB warning on mooring safety

Safety digest highlights the risks of inadequacies in ships' lines

Mooring ropes have once again been highlighted as a cause for concern ‑ this time by the Marine Accident Investigation Branch.

The MAIB's latest Safety Digest, published last month, features two cases in which inadequate mooring arrangements led to serious incidents.

In one case a ro‑ro ferry came loose from its berth because the arrangement of its mooring lines proved unsuitable for the worsening weather conditions.

The ferry ‑ unnamed, as in all Safety Digest reports ‑ had a mooring arrangement made on the basis of a weather forecast of 22‑knot winds. The arrangement involved lines of several different diameters and types (including polyester mix and wire).

Unfortunately, the forecast proved to be wrong, as the wind increased in strength to a steady 25 knots, with 35‑knot gusts.

Cargo‑discharging via the stern door had been in operation since 1830 hrs. At 2105 hrs, there was a gust of 45 knots. This caused a mooring line to part on the foredeck, and the captive winches started to pay out, slowly at first, then quickly.

The master and crew took remedial action such as starting the engines and letting go the port anchor. Despite this, the ship started to pivot around the stem and made contact with the linkspan and quay fendering.

Due to the collision, the ramp hinges were damaged, and the brake shoe on one of the aft captive drums caught fire as the winch paid out, and it had to be tackled with a fire extinguisher.

'It is very fortunate in this accident that the mooring lines did not part 30 seconds earlier when vehicles were crossing the stern ramp,' says the MAIB report. 'Had it done so, the consequences would have been even more serious.

A number of lessons must be learned from this incident, stresses the report. Mooring arrangements should be reviewed regularly to make sure they are suitable for the berth and likely weather conditions.

Mooring lines of the same size and type should be used for all leads, but, if this is not possible, lines in the same service such as breast lines and spring lines Should be the same.

The report also has specific advice on the appropriate strengths of rope to be used and the way lines should be secured. And seafarers should be aware of the weakening effects of twisting ropes: 'The compound effect of abrasion and twisting can cause significant loss of strength, as in this case, where an 11 month old HMPE rope had weakened by 70%

* In another case involving parted lines, two general cargo ships collided in an east coast river port because one of the vessels broke loose from its moorings during cargo discharge.

It appears that this incident stemmed from a failure to take account of the local conditions. 'Shore lines were supplied at these berths,' says the MAIB report, 'because the wharf operator did not always trust that the strength of the visiting ship's mooring lines would be sufficient to cope with the very strong tidal stream along the berth. Yet in this case it was thought that the ship's ropes would be of sufficient strength. They were not.'

In Brief

Croation shortage. the number of Croats completing basic STCW training each year fell from 8,000 in 2000 to under 2,000 in 2005, a leading Croatian ship manager reports. The pool of 35,000 seafarers available in 1985 fell to 26,000 in 2006, of which 10,400 were officers. In an effort to stem the national shortage of officers, the Croatian government is now taking steps to invest in the country's training facilities.

Lakes ban. ocean‑going vessels could be banned from the US Great Lakes if an environment protection lobby group gets its way. The Healing Our Waters‑Great Lakes Coalition has called for the moratorium until the US Congress passes its Great Lakes Collaboration Implementation legislation, which would require operators to treat ballast water to prevent the introduction of alien aquatic species.

Jersey Link: the French operator Corsaire has opened a new fast ferry service between Saint Malo and Jersey ‑ two months late due to the late arrival of the new vessel. The company, established following the collapse of Emeraude Line, carries only foot passengers and uses the 203‑passenger, 39‑knot Australian‑built vessel Jacques Cartier.

Bulker fine: the Singapore shipping company IMC has agreed to pay a $ 10 m criminal fine in a deal struck with the US Department of Justice in relation to charges arising from pollution caused by the loss of the bulk carrier Selendang Aya off Alaska in December 2004.

Swedish support: Sweden's government has suggested that the country's seafarers maybe allowed to benefit from income tax breaks that were given to shore‑based workers earlier in the year. The missing concession sparked a storm of protest from seafaring unions.

Ferry Fire: specialist fire‑fighters were called in to assist after an engineroom blaze onboard a Sardinia Ferries high‑speed craft sailing between the Italian mainland and Sardinia.

Short delay: an intergovernmental commission considering plans for new shortsea shipping routes between France and Spain has extended the deadline until 5 November.

Ferry busy: ferries transported almost 1.63 bn passengers, 214m cars and 31.8m lorries last year, according to the annual world ferry report from Sweden's ShipFax Information. The study shows that a ferry 'leaves from somewhere in the world every five seconds' and now employs more than 9 6,000 people. The Mediterranean takes pride of place for ferry services, accounting for more than one‑third of the total world fleet. Of the 1,172 ferries currently in service throughout the world, 392 operate in the Med.

QM2 trial: the trial of 10 individuals and companies for manslaughter following a fatal accident during the construction of the Queen Mary 2 in November 2003 has been set for next month. Sixteen people lost their lives and another 27 were injured when a footbridge collapsed during an organised visit to the vessel at the Chantiers de l'Atlantique shipyard at Saint Nazaire. Among the accused are the yard's owners at the time and the company that made the walkway.

Philippines push: a new Maritime Office has been established by the Philippines government in a bid to promote the country's international lead in the supply of seafarers. Almost 250,000 Filipino seafarers were employed on foreign ships last year, and the new office aims to coordinate government and industry initiatives to further boost their competitiveness.

Indian shortage: India's shipping ministry looks set to relax officer nationality rules in a bid to combat a shortage affecting the national fleet. Owners claim the deficit amounts to some 1,500 officers and is hitting their expansion plans. The government is now consulting on proposals to allow foreign officers on a 'case by case' basis.

Boulogne call: the president of the Nord Pas de Calais regional council has urged cross‑Channel ferry operator Sea France to open a route from the port of Boulogne ‑ and said the council was willing to grant an exceptional subsidy to the company to purchase a vessel that would serve Boulogne.

Coast Guard consults. the US Coast Guard's personnel advisory committee has launched a major industry outreach programme to secure feedback on its revamped seafarer licensing and documentation operations.

Detention drop: the number of foreign ships detained in US ports for safety deficiencies dropped to 110 last year, from 127 in 2005 and 547 a decade ago.

 

Need for Superyacht officers increases

The spectacular growth of the super‑yacht sector is fuelling growing demand for maritime professionals

The recent UK hit TV series The Apprentice ‑ in which contestants competed for a £100,000 a year job working for Sir Alan Sugar ‑ showed the multi‑millionaire mogul relaxing aboard a luxury yacht.

It was not Sir Alan's own yacht ‑ he used to own one, but criticised the crew in a yachting magazine. Presumably he told them 'You're fired', because he sold the yacht to American game show tycoon Merv Griffen and now charters instead.

But the scenes in the TV show reinforced the fact that no self‑respecting tycoon these days should be seen not to own a yacht ‑ or at least should be seen onboard one.

This trend has sparked a growing demand for 'superyachts'‑ and for professional seafarers to serve on them. Worldwide, the fleet is expanding at around 10% a year and there are now some 5,000 large yachts of more than 24 m in length ‑ the largest of which have crews of more than 25.

And, as a recent Sunday Telegraph article explained, this ever‑growing fleet is facing a 'critical' shortage of professional sailors. 'To make up for the deficit, they are increasingly poaching seamen from the Royal Navy and merchant fleet,' the paper pointed out.

The growth in demand for merchant seafarers also reflects the increasingly stringent certification requirements for yacht mariners.  Captain Michael Howorth ‑ whose large yacht sector roles include consultant, superyacht trial master, relief captain, shoreside support, ISM and ISPS work, and writer/journalist ‑ wrote in a NUMAST Telegraph article in January 2004: 'Yacht qualifications held by those who crew the large yachts have come a long way in recent years.  No longer is looking good in a pair of white shorts sufficient to gain command.'

Since 2004, certification standards have risen further, Capt Howorth stated last month. The Maritime & Coastguard Agency ‑ which took the global lead in driving up large yacht manning standards ‑ has replaced the original large yacht code of practice with a newer version, commonly called LY2.

'The name of the qualifications has changed so that a master's certificate for those who are able to command a yacht is now called Masters (Yachts) 3,000 gt, says Capt Howorth. 'The route to gaining this qualification is now much more detailed and formalised.'

Certification also now extends to large yacht engineers and ratings.  To work on large yachts, non‑MN qualified engineers require either a marine engine operator's licence (yacht) or STCW 95 engineer officer (yacht) certification. And, since 31 December 2005, non‑merchant seafarer ratings have needed a yacht rating certificate.

Professional mariners who have specialised in the yacht sector are beginning to encounter difficulties obtaining work on the very largest yachts now coming out of the yards. The problem arises because of the limitations on vessel size and engine power prescribed in their certification.

Various parties are lobbying the MCA in a bid to elevate yacht mariners' certification status and so expand their career opportunities. The move is in line with a motion agreed at the Union's recent biennial general meeting, where members called for discussions with the MCA on the issue, which also affects seafarers in some other sectors.

Many believe that the professionalism of mariners that work in the large yacht sector is not adequately reflected in the Standards of Training, Certification and Watchkeeping (STCW) convention, the most practical way forward being to seek changes to UK certification, which is STCW based.

Some are recommending that tonnage and kilowattage limits should be lifted following appropriate training which would help end the discrimination against yachting sector mariners and some other seafarers that prevents them working on larger vessels.

The limitation of 3,000 gt (for deck officers), and 3,000 kW and 6,000 kW (for engineers), is not only confined to commercial yachts, but also affects certain sections of the merchant fleet ‑ such as people that have come from fishing vessels and in the offshore sector.

Many believe that there should be a route forward for these people ‑ so there isn't effectively an artificial ceiling and people can move through to whatever sector of the industry they want.

There is clearly a need for pragmatic solutions whereby the limitations can be lifted, or the certificates can be easily converted to full MN status.  There's a rationale for this because very large yachts are effectively in many ways small merchant vessels. You've got to give the credit and recognition that these people deserve. And therefore they shouldn't be seen to have second class certification!

If there is success in these efforts, there will be an erosion of the differences between large yacht mariners and merchant seafarers, and for both groups open up further career opportunities in the lucrative large yacht sector. It will also further enhance the professionalism in the sector. The Sir Alans should have less cause to complain about crews. 'You're hired!'

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Contributions

The following was included in a paper given by Ms Shelley Chapelski of Bromley Chapelski at the NAMS 39th Annual National Marine Conference West.  13 – 15 September 2007. Held at The Pan Pacific Hotel, Vancouver, B.C. Canada.

Comments from Claims Managers, Recovery Departments and Cargo Lawyers in the US & Canada:

My biggest beef with surveyor's is that they guess at what happened. We had a file of shame at XXXX - filled with survey reports which contained side comments and opinions.

To me, the surveyor's job is to report what can be seen, smelled, etc., not to hypothesize. Too many times, the surveyor thinks he's helping the company by writing about an excluded peril, the company pays the claim anyway, and then subrogation is shot to hell!

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1.    Do not speculate about the cause of the loss, if you don't know, say that you don't.

2.    Digital photos don't cost the same as when you had a camera, film and developing costs. Why are the costs high?

3.    As some surveyors are required to now send their own correspondence through emails etc., don't charge us for your poor typing and ineptitude. The costs to send an email should be minimal. I am seeing outrageous charges, while we pay for the surveyor to learn to type or send email or attachments.

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One of the biggest problems we have had is when Surveyors make a comment based on speculation rather than the facts i.e. The water damage could have been caused by condensation. Why not simply say cargo was damaged as a result of fresh water wetting.? If a Silver Nitrate Test was conducted and we know that the water source is fresh, there is no need to use the word Condensation' as the Steamship line always declines subrogation claims when that word rears its ugly head as an inherent vice.

Also, when conducting an investigation on damage caused by water entry, why is it not common practice to conduct a light test? It would only take seconds/minutes to close the doors and stand inside a container to see if light is visible. Carriers love to use TIR's to show no holes in the roof of a container back what about gaps near the container doors which would may not be readily detected by the naked eye?

Also, the statement 'the loss may have been caused prior to loading" when a surveyor has no information on how the cargo is loaded ie. weather condition, manner in which the cargo was delivered to the pier, etc, it is difficult enough to prove a case so why give the Steamship Line more ammunition unnecessarily.

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•      One of the most important points I would press, is that the surveyor contact the claimant immediately and obtain the necessary documentation.
•      Advise the carrier that he/she would be attending and invite the carrier to have their surveyor attend alongside him/her and compare findings (this would avoid any conflicts later on as to cause and extent of damage).
•      Assist the claimant/consignee in preparing a notice of impending claim against the carrier.
•      Comment on the salvage or repair possibilities.
•      If I expected litigation to ensue, I would request that the surveyor report direct to the attorney and to no one else, in order to preserve privilege. The attorney could then advise the client directly. Your suggestion about two reports, would be acceptable provided the second report is directed to the attorney only.

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Obtaining Notice of Intent Letters from the Assured/Consignee, as well as making sure to get the signed subrogation receipt and any delivery receipts available.

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Would really like it if the surveyors can include date of discharge, where discharged (specific terminal identity), type of cargo damage, (instead of just saying damaged), detailed description of packing and material used, whether or not this is standard packing, check Over Shod and Damage report for any exceptions, state who are the local ship's agents. Specify to whom delivered (assured/consignee), include copy of signed delivery receipt so that we can see if any exceptions noted! If containerized, destuffed by whom, any damage report issued at that time, were seals intact, specifically identify any expenses incurred and detail explanation of this additional expense, i.e. re & re labels on canned goods, any salvage sale, etc.

Ensure that the assured provides all supplier invoices for entire shipment, packing list, ocean bills of lading, insurance declaration or insurance certificate etc. The report itself should provide nature, cause and extent.

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Under U.S. law, a surveyor who is hired by the insurance company to investigate the loss is generally considered a fact witness. Therefore
any report issued and prepared by the surveyor would be considered discoverable under U.S. law. There may be U.S. lawyers who take a more restrictive view towards this, but 1 would consider this sharp practice.

If on the other hand, your law firm were to hire the surveyor separately as a 'consulting' expert witness to opine as to liability, then I believe that report would be protected under a work product privilege, i.e. prepared in anticipation of litigation and the witness not identified as a testifying expert witness.

If you have identified a testifying expert witness, then any notes or draft reports are technically discoverable and must be released to the other side.

What is normally done to avoid production of the "draft" report is--as you say--to speak with the expert over the telephone and discuss the nature and extent of review, level of analysis and ultimately the conclusions, but not issue any report until after the conversation occurs.

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•      Check and comment on adequacy 0f stowage arrangements. Was there dunnage in place, or air bags to prevent movement. Is cargo suitably packed for rail transit (additional vibration). If stowage in contain IS good or at least standard, then SAY SO. Write something to show that you looked at this even if it was fine.
•      If cargo seems wetted or cans rusted, to look for signs of condensation. Are desiccants in place. If water entry, look for source.
•      Reefer shipments. Most 0f the time, the coverage in place is Frozen Food/Meat subject to 24 breakdown of machinery. Underwriters need prove that there has been a breakdown of machinery for 24 hrs. or longer for coverage to kick in.
•      Be aware of regulations dealing with disposal of cargo unfit for human consumption or otherwise condemned and obtain disposal records to show it was done, and that the goods (particularly food stuffs) are not sold still into the salvage market possibly exposing the assured to a product liability claim.

(ED:  Lots of food for thought here .....)


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Midships

From the latest edition of Maritime Advocate on Line (editor@afterofficehours.com) .....

Health problems

THE London P&I Club has drawn attention to the continuing need for recognition and understanding of psychological disorders affecting those employed in the shipping industry.

In the latest issue of its StopLoss Bulletin, the club says, "Too often, such problems are not identified, or dealt with, as quickly, as knowledgably or as sympathetically as is the case with physical illness and injury. This seems to be particularly the case in the context of the robust working environment typically encountered at sea.

"The club views with concern the large numbers of seafarers now being repatriated early suffering from a range of psychological difficulties. One report suggests that as many as one in three repatriations which require a medical escort are related to such ailments. Great care must be taken to protect the interests of all seafarers when dealing with such issues. In extreme cases, the afflicted crew member can be a danger to others on board, or may constitute a suicide risk.

"Help and advice is available to masters and crew in recognising - and dealing with those suffering from - mental illness. The World Health Organisation's 'International Medical Guide for Ships' provides brief details of symptoms to assist early recognition, as well as limited advice on treatment. But it emphasises the need for more detailed, immediate assistance of the type that can be obtained through Radio Medical Advice from organisations such as Italy's Centro Internazionale Radio Medico (CIRM)."

The club quotes Prof Francesco Amenta, CIRM Scientific Director, who says, "When dealing with psychological problems, including stress, anxiety and depression, requests for medical advice should always be sought at the earliest opportunity. What may be lacking in the maritime culture is sufficient sensitivity to health problems. For example, shipping is much more sensitive to technology and safety issues than it is to health problems, so it is perhaps not surprising to hear about the difficulties being encountered in dealing with mental health issues at sea."

The London Club encourages its members, where appropriate, to seek the advice of professional organisations such as CIRM.

www.lsso.com

(ED:  With lesser opportunities for shore leave for crews in some countries this problem is likely to become more prevalent.)

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Security gone crazy

I recently had to travel from Vancouver to New Orleans using American Airlines.  I checked in at Vancouver and locked my bag, which had a name tag attached, using my combination lock in sight of the check in attendant.  There were no signs informing me that my bags should not be locked.  I then proceeded to the baggage checking area where again there were no comments related to bags being locked as I loaded my bag on to the conveyor in sight of another attendant.  The flight had to pass through Dallas Fort Worth ariport where there was a one hour stopover.  On arrival at New Orleans I found the lock on my bag to be broken with a short note inside the bag from the National Transport Security Department telling me that my bag had been opened to check on suspicious items.  I now have a bag worth US$250 which is now absolutely useless as it can no longer be locked.  In Asia if there are suspicious items in a bag, the owner will be asked to identify it and open it.  Why is this not the case in the USA?

Mike Wall

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Nautical Tales

Many of us have funny and interesting stories to tell about our experiences at sea.  These may cover our port visits or relationships with our fellow seamen.  As the baby boomer generation gets older and near to retirement I believe it is time to gather these stories together and to record them in a book to be possibly followed by a web page later.  Some examples are the nicknames given to our fellow officers, eg, The chief engineer nicknamed Cosimodo because every time he was asked what he was drinking he replied "The Bells, the Bells!"

If you have any interesting and funny, but not too risque stories, please send them to the editor.

Thanks in anticipation.

Mike Wall

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Scuttlebut

ISPS

Conflicts continue to develop with respect to the implementation of the ISPS Code.  Each month, we will be listing some of the ways that the code interferes with normal ship operations which in some cases could be considered as hazardous together with transgressions of interest .....

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Insurance News

Surveyors Exposure

The International Transport Intermediaries Club (ITIC) has highlighted the extent of the potential legal exposure faced by marine surveyors even when they are innocent of any blame, or indeed responsibility, in specific cases.

In its latest Claims Review, ITIC reports on the case of a surveyor in Australia who, although appointed by a bank only to confirm the value of a vessel under construction at a local yard and to certify when additional funds could be drawn down during the construction period, nevertheless found himself - along with the shipbuilder and the building quality control surveyor - named in legal proceedings brought by the owner after defects were discovered in the vessel.

Legal proceedings against all parties took two and a half years to conclude. A settlement of $235,000 was reached at mediation, with TIC contributing $23,500 towards the settlement on behalf of the innocent surveyor, plus $25,000 in legal costs.

ITIC says it always instructs marine surveyors to obtain clear instructions and/or to confirm in writing the exact services they are to provide. "Unfortunately," it adds, "this does not always protect surveyors from legal action. This is an unfortunate example where the cheapest option is for a surveyor to contribute to a settlement even though his instructions and responsibilities were clear from the very beginning." www.itic-insure.com Courtesy Maritime Advocate online.

Maritime Advocate Online is a weekly digest of news and views on the maritime industries, with particular reference to dispute resolution.

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Wig & Gown

None this month.

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Education and Training

DIPLOMA IN MARINE SURVEYING

As the first international qualification for marine surveyors, Lloyd's Maritime Academy and the National Sea Training Centre have now been educating marine surveyors, potential marine surveyors and associated maritime professionals since 1998. Since the beginning over 1,500 participants from all corners of the world have taken or are currently taking the Diploma in Marine Surveying and we are delighted to present this course for its 11th enrolment, repeating for the second time in 2007.

Course Director: Paul Russell, MSc. BA (Hons) MIMarEST, Head of School, National Sea Training Centre, UK

Core Modules:
1. The Maritime Industry and Marine Survey Practice
2. Budgeting and Accounting for Surveyors
3. Effective Writing and Reporting
4. Naval Architecture for Surveyors
5. Marine Surveying Law
6. Marine Surveying Insurance
7. Marine Incident Investigation
8. Safety Surveys
9. Hull and Structural Surveys
10. Fundamentals of Marine Engineering

The Diploma in Marine Surveying meets the Continuing Professional Development criteria for the Royal Institute of Naval Architects (RINA), the Institute of Marine Engineering, Science and Technology (IMarEST) and also have been approved by the Nautical Institute.

For more information contact:
Rachael Brough
Marketing Manager
Lloyd's List Events (part of Informa Maritime & Transport)
Email: Rachael.Brough@informa.com

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Learn from the mistakes of others. You won't live long enough to make all of them yourself! 
(Don Robertson)

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Italians seek Filipino crews

MANILA 25 September – Italian maritime interests have set up their own training centre in the Philippines. The new Italian Maritime Academy Phils (Imapil) says it aims to “assess and further enhance the competency of Filipino seafarers in carrying out responsibilities assigned onboard ships, dealing with international and national regulations and fulfilling the management requirements of charterers.” Imaphil, which was formed with the backing of Italian shipowners Confitarma and its classification society RINA, invested an initial amount of €200,000 ($280,000) for training equipment such as simulators and facilities for classrooms and offices in Makati. The move was prompted by the shortage of qualified officers coupled with an increase tonnage in the Italian-controlled fleet, Imaphil training director Capt Teofilo Nieto Jr said yesterday. Fairplay sources say that there about 20,000 Filipino seafarers already work on Italian-controlled vessels, with further requirements for another 10,000 to man newbuilds. Imaphil can accommodate an initial 20 places on its short-term.

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You can find more short courses in the USA in the Marine Surveyor's Web Site at http://www.marinesurveyor.com/educate.html

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Yacht & Small Craft Valuations (Tutor: Ian Biles)       Oct 07

Course joining instructions and invoices will be sent out approximately three weeks before the start of the course.

Members are reminded that non-members may attend any Institute course, but a 10% surcharge will be levied.

Administration Office on +44(0)23 9258 8000, fax: +44(0)23 9258 8002 or email iims@compuserve.com Skype: marinesurveying

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Equipment

Epistles

None this month.

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People

Nothing to report this month.

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Books and Videos

QE2:  Forty years Famous by Carol Thatcher (ISBN 978 1 847370334) Cost GBP25.  Published by Simon & Schuster, UK.

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Below the Convergance:  Voyages toward Antarctica 1699 - 1839 by Alan Gurney.  (ISBN 0393329046) Cost GBP10.99.  Published by WW Norton.   www.wwnorton.com

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Go Back to Sea by Reverand Canon Keith Corless.  Cost GBP16.99 plus GBP2.50 p&p. (Cheques payable to J Corless), Published by Carthouse Publishing, 1 Tanners Close, Brockworth, Gloucester GL3 4QN.  Tel:  +44-1452-863766,  www,carthousepublishing.co.uk

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Conference Reports

NAMS 39th Annual National Marine Conference West.  13 – 15 September 2007. Held at The Pan Pacific Hotel, Vancouver, B.C. Canada.

This had to be one of the best organised and located NAMS conference to date which your editor has attended.  The facilities at the Pan Pacific were excellent with panoramic views over the harbour during the social events.

As usual the first afternoon was taken up by the board meeting at which the executive committee and Regional Vice Presidents (RVPs) discuss the associations business.  A key decision made during this meeting was to try to enter the Chinese surveying market.

The board meeting ran over a little but that didn't stop the rest of the delegates and their wives attending the welcome cocktail party.  Good to see members from Hong Kong, Netherlands and China attending.

The conference opened the following morning with the welcome address given by Ghulam Suhrawardi, NAMS President, followed by Chris Small, RVP.  The conference format consists of three separate cauceses where Yachts, Cargo and Hull & Machinery papers are presented.  This makes it difficult for your editor to report as it is impossible to be in three places at the same time.

The second day starts with a members only breakfast where issues can be brought up with the executive committee and RVPs.  This is usually a lively debate.

Papers included:

Common groups

Greg Abbott; "Where Did The Money Go?"            This was a very educational and practical presentation on how to hang on to more of the money we earn, how much insurance we should carry, investment strategies and some practical rules.   Pinning him down on numbers was like getting blood out of a stone!

Captain Raymond Mathew, Transportation Safety Board of Canada, Senior investigator will discuss the anatomy of incident investigation.

YACHTS:           

George Roddan, P.Eng. Hydrodynamics, hull design, bulb bows, practical review and new technology.           

Phil O'Donoghue of Fraser Fiberglass gave a presentation on polyurethane paint, issues, repair and changing regulations which involving currently used products phased out over the next several years. Fraser Fiberglass are one of the leading yacht repair and paint facilities in British Columbia.

Dave Marsden of Platinum Marine Services - Interactive presentation on vessel refit, yard management and relationship between repairer and surveyor.

Pacific Northwest Ship & Cargo Services Inc.: Mr. John Mears, Vancouver Agent for Dockwise Yacht Transportation will discuss Float-on/Float-off Yacht transportation - a growing business worldwide.

Dan Kobelt, Kobelt Manufacturing discussed electronic "fly by wire controls", steering systems and new engine technologies.

Constable Jamie Gibson, Vancouver Police Department, Marine Squad interview with a boat thief, theft recoveries and investigative tools.

CARGO:           

Shelley Chapelski; Bromley Chapelski, Barristers & Solicitors.Highly regarded Admiralty Lawyer will speak oncargo liability issues, the role of the surveyor and protecting privilege.  An excellent presentation with some food for thought (see Contributions above).

Jim McPherson of Apex Industrial Movers will do a presentation on heavy lift roll-off/roll-on dry-dock projects involving medium sized vessels and cargo.

Port of Vancouver - Scott Galloway, Director of Trade and DevelopmentPresentation on cargo activities and security issues in the Port.

Hiway Refrigeration - Mr. Roger Christensen Specialist in reefer systems. Presentation will be on reefer container issues, temperature monitoring and new technologies.

Mike Wall - CMS Member - Hong Kong 'Discussion on hatch covers and hatch cover testing.'

 

HULL & MACHINERY           

Seaspan International - Speaker to be announced.  Tow boat and barge operations, fleet maintenance, logistics and loss prevention.

Jeff Sherman, Sales Engineer / Representative for MTU - discussing diesel engine failure analysis and new technologies.

Alfonso Sotres, REng. of Grand Marine: Alfonso is a highly respected salvage and loadmaster with a world renowned reputation for large vessel and oil rig repair and salvage operations.

Vic Baker: Baker Materials EngineeringDiscussion on metallurgy, bearing failures andforensic examinations.

The conference concluded with round table discussions on various subjects relevant to the three main disciplines, ie, Yachts, Cargo, Hull & Machinery. These also tend to be interesting debates on topics directly affecting marine surveyors.

 

(ED: If you intend to attend a conference which you believe would be of interest to our readers, we would be grateful to receive a short synopsis.)

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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.

For those of you who might also be interested, UK M Notices are available at:  www.mcagency.org.uk

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Future Events


If you have a marine related conference coming up, let us know so that we can mention it below:

SCMS holds a series of Buffet Lectures each year. The lectures cover a wide range of subjects that are of interest to Members and their guests.  They are held in London usually starting at 18:00 hrs. The winter programme will be published on the SCMS website http://www.scmshq.org  Those interested should send an email to sec@scmshq.org to be included on the announcement list.  CPD certificates are available for those attending.

11 & 12 October 2007, NAMS New England Region Fall Seminar. 
Info: www.nams-cms.org for details; NAMS Headquarters Ph: 800 822-6267 or (757) 638-9638

24-26 October 2007.  Mediterranean Maritime 2007.  Hall 1A, Parc Chanot, Marseille, France.  Info: www.baird.com.au/meditteraneanmaritime/mmindex.htm

24-27 October 2007, SAMS Annual conference & educational training symposia, Kona Kai Resort (formerly Shelter Pointe Hotel) San Diego, California, USA.  Contact: SAMSHQ@aol.com.

25-26 October 2007, 'People and the Sea' Marine and Coastal Policy.  IMarEST, London.  More information at: www.imarest.org.

15 & 16 November 2007.  2007 Asian Marine Insurance and Surveying Forum.  Asia Conference Ltd. At the Sofitel Hotel, Bangkok, Thailand.  Contact:  svasbt@netvigator.com

13 – 15 April 2008.  NAMS 46th Annual National Marine Conference East, The Monteleone Hotel, New Orleans, LA.
Info: www.nams-cms.org for details; NAMS Headquarters Ph: 800 822-6267or (757) 638-9638

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Web Sites

FOR OUR REGULAR READERS, NO NEW WEB SITES THIS MONTH:

We are no longer publishing our list of useful web sites for marine surveyors due to the eventual size of the email being sent out.  If you wish to receive the list, please contact the editor at the email address below.

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:
 

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From the Poop Deck

Subject: Women

Women are like apples on trees.  The best ones are at the top of the tree.

Most men don't want to reach for the good ones because they are afraid of falling and getting hurt. Instead they sometimes take the apples from the ground that aren't as good, but easy.

The apples at the top think something is wrong with them, when in reality, they're amazing. They just have to wait for the right person to come along, the one who is brave enough to climb all the way to the top of the tree.

Now Men are like a fine wine. They begin as grapes, and it's up to women to stomp the s*#t out of them until they turn into something acceptable enough to have dinner with. Mmmmmmmmmmmmmmmmmmmmmm... no comment!!!!!!!!

******

Just after giving birth to her second child, the mother looked at the doctor for confirmation that everything was OK.

The doctor paused and said, "I have to tell you something about your baby."

"Oh my god!" screamed the mother, "What's wrong?"

"Well," said the doctor, is nothing we can't handle. It seems your baby is a little different. Your baby is a hermaphrodite."

"What's that?" asked the mother.

"It means that your baby has the... er... features of both a male and a female."

"Oh god!" the mother gasped, "you mean it has a pen!s and a brain?"

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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 future editions of FLASHLIGHT may be sent to:

Mike Wall
Tel:  +852 2259 3150
Fax: +852 2259 3151
Email: mikewall@pacific.net.hk

 
     
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