Table of contents
PREFACE
Not long after publication of the first edition of Gard Guidance to Masters
it became necessary to print further copies due to the demand from all corners
of the maritime industry: Masters and officers – who were and still are
the main addressees of this guidance, claims handlers working within ship operators
and insurance intermediaries, nautical training establishments and even maritime
lawyers. Thus, it was no surprise that the need arose to revise the first edition,
especially in view of the rapidly changing legal and technical environment of
the maritime industry during the last five years.
Again, the emphasis was placed on simplicity and directness of the guidance
provided. Some parts of the guidance had to be restructured, some relocated
to consolidate subjects of a similar nature, others, such as the liquid cargo
section, were expanded.
Additionally, the subject of security had to be dealt with in more detail. The
aftermath of 11 September 2001 and subsequent new legislation in the form of
the ISPS Code, imposed new burdens upon seafarers to an extent which could not
have been imagined before. Although seafarers of all nationalities have an important
role in the fight against terrorism, they are, nevertheless, often treated as
unwanted aliens. Ships and crews have increasingly become the target of pirates
and are seen as pawns in their criminal efforts to obtain money. In addition,
seafarers are also increasingly criminalised for the slightest failure occurring
on board the ship.
This development has to be seen against the increasing shortage of qualified
and professional seafarers, as already mentioned in the preface to the first
edition. In an attempt to compensate for the reduced number of crews, advanced
electronic equipment has been developed and installed on vessels at a breathtaking
speed. The legislative demand to make comprehensive use of an unaccountable
number of navigational and engineering instruments and displays, distract Masters,
officers and crews from the proper application of the basic skills of seamanship
and human common sense.
Unfortunately, accidents which could have been avoided, and which must be avoided
in future, still occur, often with fatal consequences. This is in spite of considerable
efforts in loss prevention activities, such as Gard’s ‘gardyourship’-
concept, Loss Prevention Circulars and Compilations, backed up
by their series of Guidance and completed by the detailed Gard Handbook
of P&I Insurance and the Gard Handbook on Protection of the Marine
Environment. An international survey revealed that many seafarers admitted
that they frequently breach safety instructions, bringing with it the risk of
injury, death or damage to the marine environment or property. This demonstrates
the continuing need for simple, easy to read and understandable guidance on
how to prevent accidents and – if they nevertheless do occur – to
be prepared to react appropriately. This is not only a mandatory requirement
under the International Safety Management (ISM) Code, but a basic requirement
in the safe operation of vessels.
The second edition of Guidance to Masters was written in an attempt to
provide guidance and support to the Master and the officers, but not to interfere
in any way with directives or instructions of the Company or any legislative
requirements. It may be considered as a pragmatic description and illustration
of complicated laws and circulars issued by the various safety agencies.
Part 1 describes the purpose and structure of this Guidance to Masters.
In addition, the various loss prevention activities of Gard are also explained.
In an attempt to shed some light on the complex distinctions between P&I
and Hull and Machinery, a brief explanation is provided. For further details,
please refer to the more voluminous Gard Handbook on P&I Insurance.
Part 2 constitutes the heart of this Guidance to Masters and focuses
on loss prevention in the widest possible sense, taking into account the experience
and expertise, not only of the entire editorial committee, but that of all of
Gard and the writer’s own experience. The sections were arranged in the
sequence of the workflow: from taking over command or commencing service; care
for proper crewing; providing a safe and secure environment; maintaining a technically
fit vessel, including cargo holds and gear; describing the properties of selected
cargoes; preparing for the voyage, including voyage management and watchkeeping,
until something occurs which may affect the performance of the voyage –
the latter of which will hopefully never happen.
And finally, Part 3 provides general as well as specific incident response advice,
in alphabetical order, in respect of different scenarios. Again, Part 3 of the
Gard Guidance to Masters is not intended to interfere with any Emergency
Contingency Plan as provided by the Company or specific response plan as required
by national or international authorities. It shall serve as a quick indicator
for what needs to be done and to be collected from an insurance point of view,
to defend or reduce a claim made against the vessel and the Company.
As Gard has expanded to provide not only P&I, but also Hull and Machinery
insurance cover, due consideration has been given to those aspects as well,
as these are also of concern to the Master and the officers. Equally, the term
‘vessel’ was used to reflect the wider scope of cover for all types
of floating devices provided by Gard.
It is again hoped that the Master and the officers may make use of this Guidance
to Masters as a tool to prevent incidents and accidents. It should be read
either before taking over command or commencing service or in conjunction with
the progress of the voyage. It may also serve as training material in conjunction
with the Company’s other training materials. In any case, this Guidance
to Master should be readily available to all members of the crew assigned
to take over responsibility for any shipboard operations which require concise
knowledge for a proper and safe performance.
It is finally hoped that no Master or officer will be required to make use of
Part 3 of this Guidance to Masters. But should this occur, nevertheless,
Gard and the author trust that the Master and the officers will have a useful
guide ready to hand to assist them through the demands of an incident, in order
to reduce its consequences as much as possible.
October 2006
Ronald Wöhrn, Lawyer, Master Mariner, FNI