Table of contents
2.16.3.4 CONTROL AND MEASURES TO AVOID POLLUTION
A. Familiarisation with the SMS and MARPOL 73/78
The Master, his/her officers and all shipboard personnel likely to be involved
in essential shipboard operations relating to the prevention of pollution by
oil should acquaint themselves not only with the operations laid down in the
Company’s SMS but also with the provisions of MARPOL 73/78 and its latest
amendments.
Any deviation from international and national rules for the prevention of pollution is considered a criminal offence in most jurisdictions and has far reaching personal consequences for the Master, officer or engineer concerned.
B. Special areas
When entering Particular Sensitive Sea Areas (PSSA) the Master and his/her officers
are advised to carefully comply with the special regulations in force, such
as
Any contravention of these regulations not only constitutes a criminal offence, but may have serious financial consequences for the Company and sometimes the P&I insurer.
C. Accuracy of records
The Master and his/her officers are advised to keep proper and accurate records
in the Oil Record Book and Garbage Record Book. The slightest irregularity in
these records may lead an authority to not only carry out a more detailed inspection
but to also impose a fine on the person responsible as well as the Master. Irregularities
in these record books may, in some countries, constitute a criminal offence
and could even lead to imprisonment.
D. Port State control inspection
Under MARPOL, port State control officers may at any time carry out an inspection
when there are clear grounds for believing that the Master or crew are not familiar
with their obligations under MARPOL. Such inspections may result in the vessel
being detained without notice until steps have been taken to rectify the situation.
E. Co-operation with authorities – no voluntary admission of liability
If pollution has occurred, the Master and/or engineers should co-operate with
the authorities to limit any consequences thereof. Before any admission of liability
is made by the ship’s personnel, the P&I insurer and the correspondent,
or the lawyers representing the Company should be consulted.
If the Master, however, feels his/her vessel is wrongly accused or any response action taken by the authorities is incorrect, he/she may make a note of protest, but should seek advice from the P&I insurer and the correspondent or the lawyers representing the Company before doing so.
F. Pollution not caused by the own vessel
If the Master or any of his/her crew discover pollution of air or water not
caused by the own vessel, the Master is advised to gather as much evidence as
possible of the pollution and its suspected source. The Master should in any
case request assistance from the correspondent to prevent a fine being imposed
against the own vessel.
In the event of pollution please see section 3.12 Pollution.