8/8/2019 2132 Trika Pitana Marine Safety2

1/15

1

International MaritimeInternational Maritime

RegulationRegulation

Dr.EngDr.Eng.. TrikaTrika PitanaPitana

Dept. of Marine EngineeringInstitut Teknologi Sepuluh Nopember (ITS),

Surabaya

2010

22NDND Lecture Marine SafetyLecture Marine Safety

Outline

Introduction

Overview of UNCLOS (Related toEnvironmental Aspect)

IMO Convention SOLAS

MARPOL 73/78

Load Line

etc

Flag State and Port State Control

Classification and Construction rules

8/8/2019 2132 Trika Pitana Marine Safety2

2/15

2

IntroductionIntroduction

Safety related to

Safety and health of person

Safety of vessel

Environmental Aspect

Overview of UNCLOSOverview of UNCLOS

(Related to Environmental(Related to Environmental

Aspect)Aspect)

8/8/2019 2132 Trika Pitana Marine Safety2

3/15

3

Liability Basis

Strict liability

Oil pollution

Meaning : defend is only caused by force

majeour

Without considering the fault of defendant

Absolute Liability

Usually pollution caused by nuclea activity

Meaning : no defend at all

Liability basis

Fault Liability

It shall be prove that there is evidence: the

defendant is fault

8/8/2019 2132 Trika Pitana Marine Safety2

4/15

4

UNCLOS (United Nation Convention on

the law of the sea) 1982 Art. 194

194.2. .. Activities under their (state)

jurisdiction or control are so conducted as

not to cause damage by pollution to other

state and their environment, and that

pollution arising from incident or activitiesunder their jurisdiction .

UNCLOS 1982 Art. 195(Duty not to transfer damage or hazard or

transform one type of pollution into another)

. States shall act so as not to transfer,

directly or indirectly, damage or hazard

from one area to another or transform one

type of pollution into another.

8/8/2019 2132 Trika Pitana Marine Safety2

5/15

5

UNCLOS 1982 Art. 195

(Use of technologies or introduction of alien or newspecies)

state shall take all measures necessaryto prevent, reduce and control pollution ofthe marine pollution of the marineenvironent resulting from use oftechnologies under their jurisdiction orcontrol, or the intentional or accidentalintroduction of species, alien or new, to aparticular part of the marine environment,which may cause significant and harmfulchanger thereto. ( legal basis of Ballastwater convention..)

UNCLOS 1982 Art. 210

(Pollution by dumping)

5. Dumping within the teritorrial sea and

exclusive economic sone or onto the

continental shelf shall not be carried out

without the express prior approval of thecoastal state, which has the right to permit.

8/8/2019 2132 Trika Pitana Marine Safety2

6/15

6

UNCLOS 1982 Art. 211

(Pollution from vessel)

1. State acting trought the competent

international organization or general diplomatic

conference, shall establish international rules

and standart to prevent, reduce and controlpollution of the marine environment

2. State shall adopt laws and regulation for the

prevention, reduction and control of pollution of

the marine environment from vessels flying

their flag orof their registry

UNCLOS 1982 Art. 212(Pollution from or through the atmosphere)

1. State shall adopt laws and regulation to

prevent, reduceand control pollution of the

marine environment from or throught the

atmosphere, applicable to the air spaceunder their sovereighnty and to vessel

flying their flag or vessel or aircraft of their

registry, taking into account internationally

agreed rules, standart and recommended

practices and procedures and the safety of

air navigation

8/8/2019 2132 Trika Pitana Marine Safety2

7/15

7

UNCLOS 1982 Art. 216(Enforcement with respect to pollution by dumping)

1. Law and regulation adopted in accordancewith this convention and applicapleinternational rule and standart establishedthrough competent international organizationor diplomatic conference for the prevention,redution and control of pollution of the marineenvironment vy dumping shall be enforce by:

1. Coastal state within its teriorial sea or its EEZ

2. Flag state .

3. By any state with regart to acts of loading of wasteor other mater occuring within its territory or at itsoffshore terminal

IMO ConventionIMO Convention

8/8/2019 2132 Trika Pitana Marine Safety2

8/15

8

SOLAS

Main objective:

To specify minimum standard for construction,

equipment and operation of ship

has 12 articles and 12 chapters

SOLAS

Chapter I General provisions

Chapter II-1 Construction Structure, subdivision andstability, machinery and electrical installations

Chapter II-2 Construction Fire protection, fire detection

and fire extinction

Chapter III Life-saving appliances and arrangements

Chapter IV RadiocommunicationsChapterV Safety of navigation

Chapter VI Carriage of cargoes

Chapter VII Carriage of dangerous goods

Chapter VIII Nuclear ships

Chapter IX Management for the safe operation of shipsChapterX Safety measures for high-speed craft

Chapter XI-1 Special measures to enhance maritime safety

Chapter XI-2 Special measures to enhance maritime security

Chapter XII Additional safety measures for bulk carriers

8/8/2019 2132 Trika Pitana Marine Safety2

9/15

9

Load Lines 1966

Consist of Annex 1 and 4 chapters

I. General

II. Condition of Assignment of Freeboard

III. Freeboard

IV. Special Requirement for ship assigned

timer freeboard

STCW(Standard of Training, Certification and Watckeeping for

Sea Fares

Basic requirement for training, certificationand Watchkeeping for Sea Fares

Consist of 6 chapters

General Provision Master Deck Department

Engine Department

Radio Department

Special requirement for tankers

Proficiency in survival craft

8/8/2019 2132 Trika Pitana Marine Safety2

10/15

10

MARPOL Annex I Marpol, Prevention of Pollution by Oilby Oil

Annex II Marpol, Regulation for the control of Pollutionby NoxiousNoxious LiquidLiquid SubstanceSubstance

Annex III Marpol, Regulation for the Prevention ofPollution by HarmfullHarmfull SubstanceSubstance CarriedCarried by Sea inby Sea inPackagePackage FormForm

Annex IV Marpol, Regulation for the Prevention ofPollution by SewageSewage from Shipfrom Ship

Annex V Marpol, Regulation for the Prevention ofPollution by GarbageGarbage from Shipfrom Ship

Annex VI Marpol, Regulation for the Prevention ofAirAirPollutionPollution from Ship

ISM Code

To stimulate safety consciousness and a

systematic approach in every part of the

organization

The code does not describe in detail howthe company should undertake safety

management system

Consist of 13 chapters

8/8/2019 2132 Trika Pitana Marine Safety2

11/15

11

ISM CodeObjective and Policy

Chaper 1 Provide safe practice, establish safe guard and continuously improved skill

Requirements Compliance with rules and regulations

Control

Chapter 3 Company resposibility and Authority

Chapter 4 Designated Person

Chapter 6 Resources and Personel

Chapter 7 Development of Plans for shipboard operation

Chapter 8 Emergency Preparedness Chapter 10 Maintenance of the ships and equipments

ISM Code

Safety Management System

Chapter 11 Documentation - Safety ManagementSystem

Implementation of control

Chapter 5 Master responsibility and authorityMonitoring of the system

Chapter 9 Report and Analysis of non confirmation

Chapter 12 Company Verification, revie and evaluation

The Periodic System Review

Chapter 13 Certification, Verification and Control

8/8/2019 2132 Trika Pitana Marine Safety2

12/15

12

Flag State Control

Task of FSC

Effectiveness of FSC

Article 217 (Enforcement by Flag

State)

1. State shall ensure by vessel flying ther flag or of theirregistry with appicable international rules andstandarts, established throught the competentinternational organization .

2. State shall, in particular, take appropriate measures inorder to ensure that vessel flying their flag or of theirregistry are prohibitted from sailing, until the canproceed to sea in compliance with the requirement ofthe international rules and standart ..

3. State shall ensure that vessel flying their flag or of theirregistry carry on board certificate required by andissued pursuant to international rules and standartvessel.State a vessle shall be periodicallyinspected .. verify .. in conformity with actualcondition

8/8/2019 2132 Trika Pitana Marine Safety2

13/15

13

Article 218 (Enforcement by Port

State)

1. When a vessel is voluntarily within a port or atan off shore terminal of a state, that state mayundertake investigation and, where the evidenceso warrants, institute proceeding in respect ofany discharge from that vessel ..

3. When a vessel is voluntarily a port oroffshore terminal of a state, that state shall,

..comply with request from any state forinvestigation of a discharge violation, believedto have occured in caused, or threateneddamage to the internal waters, teritorial sea orezz of the requesting state.

Article 220 (Enforcement by

Coastal State)

2. Where there are clear ground for

believing that a vessel navigating in the

territorial sea of a state has, during its

passage there in, violated laws andregulations of that state adopted in

accordance with this convention or

applicable international rules and standart

for the prevention, reduction and control oilpollution from vessel ..that state

may undertake phisical inspection ..

8/8/2019 2132 Trika Pitana Marine Safety2

14/15

14

Classification Society Independent bodies which set standard for

design, maintenances and repair of ships.

Classification rules cover:

Hull strength and design

Materials

Main and auxiliary machinery

Electrical instalation Control systems

Safety Equipments

Conclusions

You have known

overview of IMO Convention

Task of Flag State

Task of Port State Control

Classification Society Rules

8/8/2019 2132 Trika Pitana Marine Safety2

15/15

References:

United Nation Convention on the Law of

the Sea (UNCLOS)

MARPOL 73/78

SOLAS Consolidated Edition 2004

International Load Line Connvention

Kristiansen,S, (2005). MaritimeTransportation Safety Management and

Risk Analysis.