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ISM code : a practical guide to the legal and insurance implications /

Bibliographic Details
Main Author: Anderson, Philip (Author)
Format: Book
Language:English
Published: London : LLP, 2005.
Edition:2nd ed.
Series:Lloyd's practical shipping guides.
Subjects:
Ships > Safety regulations.
Maritime law > Great Britain.
Navires > Sécurité > Règlements.
Maritime law.
Great Britain.
International Maritime Organization.
Ships.
Maritime navigation.
Maritime security.
Implementation.
Guidelines.
Marine insurance.
Marine environment protection.
Table of Contents:
  • Key issues
  • Background to the code
  • A catalogue of disasters
  • An accident and claims explosion
  • Cause-human error
  • Solution-management systems
  • Progress since ISM implementation
  • Objectives of the code
  • A change of perspective on rules and regulations
  • Flexibility within the system
  • Safety and environmental protection policy
  • The policy must genuinely reflect the commitment of the company
  • Implications of the functional requirements
  • Quality assurance systems volume ISM Code
  • Some important differences
  • Key players
  • Documents of Compliance (DOCs)
  • Safety Management Certificates (SMCs)
  • Responsibilities regarding certification under SI 1998 No. 1561
  • Duty to hold certificates
  • Duty to carry certificates
  • Issue of Document of Compliance and Safety Management Certificate
  • Interim certificates
  • Issue and endorsement of Safety management Certificate by another government
  • Issue of certificats on behalf of other governments
  • Annual audit of the DOC
  • Intermediate audit of the SMC
  • Renewal of cartificates
  • Suspension or cancellation of DOCs and SMCs
  • Defence
  • Procedures concerning Observed ISM Code non-conformities
  • The role of the Flag State Administration
  • Issuing ISM certificates
  • Delegation of authority
  • The role of the classification society
  • Resolution A.913(22): revised guidelines on the implementation of the ISM code by administrations
  • Port State Control (PSC)
  • Policing the system-(PSC)
  • Where does the Port State Control fit in?
  • MOUs
  • PSC mandate
  • The basic inspection
  • Certificate checklist
  • Grounds for initiating a detailed/expanded inspection
  • Expanded inspection
  • Scope of inspection
  • Oil tankers
  • Bulk carriers
  • Gas and chemical tankers
  • Passenger ships
  • The new PSC mandate-post ISM
  • IMO interim guidelines for Port State Control related to the ISM code
  • Detention by the PSCO
  • Criteria for detention
  • Mandatory Expanded Inspections
  • The role of the Port State in the UK
  • Compliance is more than just holding certificates
  • No "quick fix" for a seriously defective SMS
  • Will PSC detain vessels?
  • Differing standards and interpretation
  • Company responsibilities and authority of the company
  • Who is the company?
  • Sharing of responsibility and authority
  • Duty of the company to comply under SI 1998 No. 1561
  • The Designated Person(s)-(DP(s))
  • The status of the Designated Person
  • The rule of attribution
  • The implications of the role of the DP
  • What should the DP report?
  • THe authority of the DP
  • Senior levels of management cannot hide behind the DP
  • The obligations and exposure of the DP under SI 1998 No. 1561
  • What conclusions can be postulated?
  • The Master
  • The master's responsibility and authority
  • Duty of the master under SI 1998 No. 1561
  • Legal and insurance implications
  • The legal status of the code
  • Application of the code
  • Compliance deadlines
  • Vessel types
  • IMO-SOLAS Chapter IX
  • Enactment into UK domestic law
  • Contries which have not ratified the SOLAS Convention
  • Legal implications
  • Questions of evidence
  • Legal privilege and confidentiality
  • Legal professional privilege
  • Self-incriminating document
  • Limitation of liability regimes
  • Historical reasons for the right to lomit
  • The relevance of the ISM code to the right to limit
  • 1957 Limitation convention-fault and privity
  • Eurysthenes and turning a blind eye
  • The DP and the privity of the owner
  • The Marion and an issue of management/systems
  • The Apostolis and modern communications
  • The 1976 Limitation Convention
  • Whose personal act or omission is to be consdered
  • Recklessness
  • How may the ISM code affect the position?
  • Navigation incidents
  • Relevance of the STCW Convention
  • Collisions
  • Insurance arrangements
  • COLREGS
  • Evidential issues and the ISM code
  • The master's responsibility
  • resources and personnel
  • Perfection is a goal to aim for
  • Training and familiarisation
  • A question of numbers
  • Navigation-a key shpboard operation
  • Carriage of good incidents
  • The English common law position
  • The more usual position
  • The Hague and Hague-Visby Rules
  • Hage-Visby Rules-exceptions and defences
  • Limitation under Hague-Visby
  • Seaworthiness and caring for the cargo
  • The documentation will make all the difference
  • What is meant by the term "seaworthiness"?
  • Properly to man the ship
  • Evolution of the meaning of seaworthiness
  • The exercise of due diligence
  • Cargo damage and the ISM cade
  • The obligation carefully to carry the cargo
  • Management of the safety system
  • Cargo damage without fault or privity
  • Cargo claims and the ISM code-a summary
  • The Hamburg Rules
  • BIMCO standard ISM clause for voyage and time charterparties
  • Pollution incidents
  • MARPOL
  • A strict liability regime-the CLC
  • Potential ISM implications
  • The Fund
  • Pollution and insurance
  • OPA 90
  • Criminal liability
  • Liability under SI 1998 No. 1561
  • Regulation 19(1)
  • Regulation 19(2)
  • Regulation 19(3)
  • Regulation 19(4)
  • Regulation 19(5)
  • Regulation 19(6)
  • The jurisdiction of the UK courts
  • Defences
  • Exemptions
  • The unsafe operation of a ship
  • Not just the senior management
  • Corporate killing
  • Insurance implications
  • A shipowner's insurance requirements
  • Marine Insurance Act 1906
  • Seaworthiness
  • Warranty of legality
  • Utmost good faith and full disclosure
  • Wilful misconduct of the assured
  • Hull and machinery insurance
  • ITC hull clauses
  • The Inchmaree or negligence clause
  • Protection and Indemnity (P & I) insurance
  • The International Group of P & I Clubs
  • ISM and Club cover
  • An example of how one Club has approached ISM
  • MIA and imprident trading exclusions
  • The scope of Club cover
  • Implications of the ISM code
  • Deficiencies in the SMS and Club cover
  • A correctly functioning SMS-the effect on claims
  • Implication of non-compliance
  • Practical aspects of the code
  • Resources and personnel-ISM requirements
  • Obligations of the company with regard to personnel
  • Recruitment policy
  • Training and familiarisation
  • Evidence of training and familiarisation
  • Development of plans for key shipboard operations
  • Emergency preparedness
  • implcation of incidents arising where no plans or inadequate plans are in place
  • Reporting and analysing accidents, non-conformities and hazardous occurrences
  • Learning from experience
  • Creating a reporting feedback loop
  • Reports of earlier incidents
  • Self-incriminating evidence
  • The implications of not having a reporting feedback loop in place
  • Documentation
  • Document control of the Safety Management Manual
  • Other document control
  • Maintenance of the ship and equipment
  • The ISM approach to maintenance
  • Maintenance and seaworthiness
  • Maintenance should be controlled and documented
  • " ... equipment and technical systems the sudden operational failure of which may result in hazardous situations ..."
  • Maintenance as part of the SMS
  • Implications of not having an adequate maintenance system in place
  • Company verification, review and evaluation
  • Obligation to carry out audits
  • Implications of creating an audit trail
  • Implications of failing to take corrective action
  • A typical audit trail
  • Case studies
  • Three recent cases
  • The Eurasian Dream
  • The Torepo
  • The Patraikos II
  • ISM lessons to be learnt
  • Four further case studies
  • The Star Sea
  • The Apostolis
  • The Toledo
  • The Marion.