Does STCW 95 prescribe any manning scales for officers or ratings?
No. Manning levels - even for officers - are now a matter for the company to decide, with guidance from the MCA on minimum safe manning levels.
Safe Manning Document (SMD)
Which international instrument requires ships to have a Safe Manning Document?
SOLAS (Chapter V - Safety of Navigation). Which UK regulations cover safe
manning? The MS (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997. Which M Notice explains the
regulations?
Whose responsibility is it to make an assessment of the numbers and grades of personnel necessary for safe operation?
The ship's owner's or operator's. (Under the 'old' regulations the DoT prescribed numbers of deck and engineer officers, and in some cases ratings. )
What should the manning level of any ship be sufficient for, according to MSN 1682?
Sufficient to ensure that: (1)the required Watchkeeping standard can be maintained and that personnel can get sufficient rest; (2) personnel are not required to work more hours than is safe for the ship; (3) the master and seamen can perform their duties in
accordance with the operational guidance in Section A-VIII of the STCWCode; and (4) the master and seamen are not required to work such hours or under such conditions as may be injurious to their own health and safety.
What document shows the
minimum safe manning level for the ship?
The Safe Manning Document (SMD). (The title 'Safe Manning Certificate' appears on older UK certificates, but the abbreviation SMC may cause
confusion with the Safety Management Certificate (SMC) issued under the ISM
Code. ) Which ships must have a Safe
Manning Document? All sea-going ships of 500 GT or over. Can a ship of under 500 GT have a
Safe Manning Document? Yes. The MCA advises owners and operators of small ships to obtain a Safe Manning Document (since this may help to avoid problems during ship inspections).
How is a Safe Manning Document obtained in the UK?
The ship's owner or operator applies to any MCA Marine Office, giving details of the ship's intended operations, LSA, machinery and mooring equipment, manning system, Watchkeeping arrangements, etc., and submitting GA, safety and mooring equipment plans and any other relevant information. The MCA considers the proposed manning levels with reference to the Principles of Safe Manning and, if satisfied that they are adequate, will issue a Safe Manning Document.
If your ship did not have a Safe Manning Document (e. g. where she is under 500 GT), how could you ascertain whether or not your ship was safely manned?
By applying the Principles of Safe Manning (as set out in IMO Resolution A.
481(XII) and reprinted in MSN 1682. I would also follow the general principles
for determination of safe manning levels listed in MSN 1682. What guidance on officer manning
levels does MSN 1682 contain? Tables showing 'appropriate' manning levels for (1) certificated deck officers and (2) certificated engineer officers in ships of various sizes, registered engine power and trading areas.
What are the two trading areas which have replaced Unlimited, Extended European and Limited European under STCW 95?
(1) Unlimited; and (2) Near-coastal.
What does 'near-coastal' mean in relation to a UK deck department certificate?
The Training and Certification Regulations define 'near-coastal voyage' as 'a
voyage during which the vessel is never more than 150 nautical miles from a safe haven in the United Kingdom, or never more than 30 nautical miles from a safe haven in the Republic of Ireland'. (STCW 95 allows individual Party States to make different definitions of 'near-coastal voyages'. )
What are the various Principles of Safe Manning?
A: Maintain a safe bridge watch at sea in accordance with regulation VIII/2 of STCW 95, which includes general surveillance of the vessel. B: Moor and unmoor a vessel effectively and safely. C: Operate and maintain effectively all watertight closing
arrangements including the ability to mount an effective damage control party. D: Operate and, when practicable, maintain efficiently, all fire equipment and lifesaving appliances provided including the ability to muster and disembark passengers and non-essential personnel. E: Manage the safety functions of a vessel at sea, when not under way (e. g. offshore industry craft with a large proportion of non-marine personnel). F: Maintain a safe engineering watch at sea in accordance with regulation VIII/2 of STCW95, and also maintain general surveillance of spaces containing main propulsion and auxiliary
machinery. G: Operate and maintain in a safe condition the main propulsion and auxiliary machinery to enable the ship to overcome the foreseeable perils of the voyage. H: Maintain the safety arrangements and the cleanliness of machinery spaces to minimise the risk of fire. I: Provide for medical care on board ship. J: Maintain a safe radio watch in accordance with SOLAS 1974 and ITU Regulations, as amended. K: Maintain the precautions and safeguards necessary to protect the marine environment in accordance with MARPOL 73/78, as amended. L: Maintain safety in all ship operations whilst in port.
With regard to the Principles of Safe Manning, when will the MCA consider a ship to be safely manned?
When the crew includes sufficient officers and ratings with appropriate skills and experience to ensure that the listed capabilities are available.
Can a Safe Manning Document issued under the Safe Manning Document Regulations 1992 (which are now revoked) still be in force?
Yes. The Safe Manning, Hours of Work and Watchkeeping Regulations 1997 provide that, notwithstanding the revocation of the 1992 Regulations, these 'old' SMDs may continue to be valid until 1 February 2002. However, there is nothing in the 'new' regulations to say that the old short-handed provisions may also still apply. (The short-handed provisions were under the old Certification
Regulations, which are now revoked. )
Sailing short-handed
Is it permissible under the Safe Manning, Hours of Work and Watchkeeping Regulations 1997 to sail short-handed?
No. Under Regulation 5(1) of those regulations a Safe Manning Document must always be in force and on board, and the manning of the ship must be
maintained at all times to at least the levels specified in it. Under Regulation 5(2) I, as master, must ensure that the ship does not proceed to sea unless there is on board a valid SMD and the manning of the ship complies with it. There are no provisions for sailing short-handed. (Regulation 18 does allow exemptions from all or any provisions of the Regulations to be granted in respect of classes of cases or individual cases, but it is unlikely that the MCA would grant an exemption in ordinary cases where personnel were absent. )
Under the 'old' regulations, for how long could a UK ship sail short- handed from a port in (1) the Limited European Area; (2) the Extended European Area; (3) the Unlimited Area; and (4) the UK?
(1)7 days maximum. (2) 14 days maximum. (3) 28 days maximum. (4) A UK ship could not sail short-handed from any UK port without a written Exemption from the MSA (now MCA).
While in Liverpool, your ship's Third Engineer is absent without leave 2 hours before sailing. As master, what action would you take?
The full complement on the Safe Manning Document must be on board at all times. If a 3/E is listed on the SMD, I would not sail until a replacement was found. I would sign him off in his absence and leave his gear with the agent.
Categories of seaman listed on Safe Manning Documents
What grades of deck rating are listed on new UK Safe Manning Documents?
Rating (Deck) Grade 2 and Rating (Deck) Grade 1. What grades of engine rating are
listed on new UK Safe Manning Documents?
Rating (Engine) Grade 2 and Rating (Engine) Grade 1. What grades of deck rating does
MGN10 provide for in UK ships? Trainee Rating (Deck), Deck Rating Grade 2, Deck Rating Grade 1 and Able Seaman Certificate. What categories of engine room
rating does MGN10 provide for? Trainee Rating (Engine) and Engine-Room Rating.
What training, qualifications and experience must a seaman have to be graded Trainee Rating (Deck) or (Engine)?
At least 16, medically fit and have had familiarisation training before being assigned to duties on board.
What training, qualifications and experience must a seaman have to be graded Deck Rating Grade 2?
He/she must (1 ) have worked as a trainee rating for at least 6 months; (2) have successfully completed basic training; and (3) hold a Navigation Watch Rating (NWR) Certificate.
What training, qualifications and experience must a seaman have to be graded Deck Rating Grade 1 ?
He/she must (1 ) meet the requirements for a Deck Rating Grade 2; and (2) either hold an Efficient Deck Hand (EDH) Certificate after completing 12 months' sea service in the deck department, or have obtained a Level 2 Vocational Qualification (VQ) in Marine Operations. Alternatively, he/she must have obtained at least 30 months' sea service, of which at least 12 months must have been in the deck department.
What training, qualifications and experience must a seaman have to be graded AB Certificate?
He/she must (1) meet all the requirements for Deck Rating Grade 1 including holding either an EDH certificate or a Level 2 VQ in Marine Operations; (2) have obtained a Certificate of Proficiency in Survival Craft and Rescue Boats (CPSCRB); and (3) have completed 24 months' sea service of which at least 18 months must have been in the deck department.
What training, qualifications and experience must a seaman have to be graded Engine-Room Rating?
He/she must (1 ) have worked as a trainee engine-room rating for at least 6 months; (2) have completed basic training (as described in an answer above); and (3) have obtained an Engine-Room Watch Rating (EWR) Certificate.
Doctors
Which regulations contain the requirements relating to the carriage of doctors on ships?
The MS (Ships' Doctors) Regulations 1995. Which UK ships must carry a
doctor?
Ships with 100 persons or more on board when engaged on (a) an international voyage of more than 3 days; or (b) a voyage during which the ship is more than one and a half days' sailing time from a port with 'adequate medical equipment'. No exemptions are allowed from this requirement.
Cooks
Which regulations contain the requirements relating to the carriage of cooks on ships?
The MS (Certification of Ships' Cooks) Regulations 1981. Which UK ships must carry a
certificated cook? Ships of 1000 GT or more (except pleasure craft and fishing vessels) trading in the Unlimited and Extended European areas to carry a cook if the majority of the crew are domiciled (i. e. have a legal place of residence) in the UK.
ENGAGEMENT and DISCHARGE Crew Agreements
Which regulations govern crew
agreements in UK ships? The MS (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991. They are explained by M. 1498 - Approval of crew agreements. Must every ship have a Crew
Agreement? No. Ships owned by general lighthouse authorities; ships of less than 80 NT on coastal voyages (e. g. small inter-island ferries trading in the UK); pleasure yachts on coastal voyages, or on other voyages if no more than 4 crew are paid; and ships on coastal trials voyages are all exempt from the requirement to have a Crew Agreement:
What documents must be carried by a ship exempted from the requirement to have a Crew Agreement?
(1 ) An Exemption Certificate issued by the MCA; and (2) a List of Crew Exempted from the Requirement to Sign a Crew Agreement (ALC1(b)). You join a small (140 GT)
passenger ferry on a domestic service in the Western Isles, and find that none of the crew have signed a Crew Agreement. Is this permitted?
Yes, if she is has a Net Tonnage of under 80 and operates on coastal voyages she will be exempt from the requirement to have a Crew Agreement. All crew should, however, be listed on a List of Crew (ALC1(b)).
If the crew of a small ferry don't sign a Crew Agreement, where is their contract with the employer?
Elsewhere - probably in an agreement made through their union, or between each individual and the employer.
In those UK ships which have one, what types of Crew Agreement are permitted?
A BSF Agreement (similar to the old 'NMB' agreement for federated' ships); or an NFD Agreement (a 'minimum terms' agreements). Whichever type is used, it may be either a voyage agreement or a running agreement, or, in special cases, indefinite agreement.
What is the difference between a Voyage Agreement and a Running Agreement?
A voyage agreement is opened when all crew sign on at the start of a voyage and is closed when all crew sign off at the end of the voyage, e. g. a 6-month Antarctic supply voyage. Running agreements run continuously one against another, i. e. as soon as one closes it is immediately replaced by a newly-opened agreement, whether in port or not. Most ships have running agreements.
What types of Running Agreement
are approved by the MCA? Running Agreement (Unlimited); Running Agreement (Limited European Trading Area); Running Agreement (Extended European Trading Area). What are the maximum periods of
validity for Crew Agreements? 24 months for a Voyage Agreement; Running Agreements may be for 12 months or for 6 months. Indefinite Agreements are also permitted on some ships, e. g. ferries. A Run Agreement is for a single voyage, e. g. a scrapping voyage or a delivery voyage.
What is an Indefinite Agreement, and on which ships would it be suitable for use?
An MCA-approved Crew Agreement which may be applied for by owners and runs without limit of time, i. e. is not closed at the end of any particular period so long as the crew maintain a regular duty/leave rota. It is especially suitable for ferries. Indefinite agreements are permitted under ILO Convention No. 22 (Seamen's Articles of
Agreement) and are restricted to ships trading in the Limited European Trading Area (to
protect employers from high repatriation costs (since a seaman may give notice at any time, irrespective of the location of the ship). They are used by ferry operators including P&O European Ferries, which have a large turnover of seasonal temporary staff. In vessels which have indefinite crew agreements there will be no need to 'change articles' after 6 or 12 months. There is, however, a requirement for the owner to deliver a list to the MCA every 6 months showing all crew changes made in the last 6 months.
What non-standard contractual clauses must an Indefinite Agreement contain?
In addition to the contractual provisions contained in a standard agreement, indefinite crew agreements must state: (1) the intervals at which wages are to be paid; (2) the method of calculating leave entitlement; (3) the maximum period that a seaman can be required to remain on board between leave periods (in many cases a copy of the duty rosters will be sufficient); and (4) the notice required from each party to terminate a seaman's employment under the agreement
What is a Multiple Ship Agreement? An MCA-approved Crew Agreement relating to more than one ship (typically a fleet of ro-ro ferries based at a particular port). It may be
used where several ships of one company run out of the same port and need to be able to employ crews flexibly on any ship during the currency of the agreement. A Multiple Ship Agreement is in the same form and contains the same provisions as ordinary standard running or voyage agreements, except that the name of each ship to which it relates is entered on the outer cover. The original agreement document is kept ashore (e. g. in the personnel office), and each ship carries a copy agreement which must be certified by the ship's master as a true copy and specify the address where the original is kept, and the name of the person keeping it. Multiple Ship Agreement may be a voyage agreement or a running agreement, but is more likely to be the latter.
Preparation of documents
Where can you obtain an ALC
document? From any Marine Office in the UK, or from a Proper Officer (e. g. a British Consul) abroad. They come in large brown envelopes containing all the forms and gummed slips to be assembled to form the ALC.
What are the various parts of an ALC document?
ALC1; ALC1(a); ALC1(b); ALC1(c); and ALC1(d). An ALC6 will also be included in the envelope, together with an Official Log Book.
What is ALC1? The card outer cover in which the other documents must be affixed; it may be an ALC1(BSF) or ALC1(NFD). It has boxed sections on the front which the master must complete when opening a new Agreement.
What is the ALC1(a)? The List of Crew who are Parties to the Crew Agreement, on which ordinary crew 'sign on'. (An easy way to remember this is 'a' for 'Agreement'. )
What is the ALC1(b)? What is the
ALC1(c)? The List of Crew Exempted from signing a Crew Agreement, such as supernumeraries, riding gang, supercargo, etc. The master should also go on this list, since he is the company's representative and not a 'seaman' for engagement and discharge purposes. Anyone on the ALC1(b), if employed, should have a contract elsewhere than in the Crew Agreement. Their details are entered on the ALC1(b), but they do not sign it. (An easy way to remember this is 'b' for 'Ballast'. ) The List of Young Persons under 18. This is a summary list of any under-18 persons entered on the ALC1(a) or ALC1(b). They do not sign it. (An easy way to remember this is 'c' for 'Children'. )
What is the ALC1(d)? The Contractual Conditions of the Crew Agreement. The BSF version has green text; the NFD version has black text. When crew sign the ALC1(a) they are signing their acceptance of these conditions. The master or the employer's representative should sign the foot after completing the spaces for employer's name, voyage, notice period, etc. (An easy way to remember this is 'd' for 'Do's and Don'ts'. )
What is the ALC6? The Crew Copy of the Agreement. On this A5-size sheet the master completes a few ship's and company details, and then affixes to it a copy of the ALC1(d) completed in exactly the same way as the one in the ALC document, including a gummed voyage and notice clause and any additional clauses. The ALC6 is then posted up
somewhere where the crew can read it at any time during the voyage (e. g. in the messroom) so that they can readily ascertain the terms and conditions of their Agreement.
What matters should be governed by the contractual provisions in standard and other approved crew agreements?
Standard agreements and other approved agreements must contain contractual provisions governing the following: (1) the persons between whom agreement is made; (2) the description of the voyage or voyages to which the agreement relates, with geographical limits and/or duration; (3) the capacity in which each seaman is to be employed; (4) his/her pay, hours, leave and subsistence, which may be dealt with wholly or in part by incorporation of provisions of NMB Agreements current on 30 September 1990; (5) other rights and duties of the parties to the agreement; (6) the terms under which either party may give notice to terminate the agreement; and (7) the circumstances in which, notwithstanding the notice provisions, the agreement may be terminated by either party.
You have joined a new ship in Rotterdam, with instructions from the owners that she is to be on a 12-month NFD Running
Agreement. The rest of the crew, and some wives, are to join in one hour's time. How would you prepare the necessary documents?
Assuming I had the pack of ALC documents to hand (either brought with me or obtained from British Consul in Rotterdam), I would proceed as follows: (1)
Assemble all ALC document pages (ALC1 (a), (b), (c) and (d)), and form ALC6. (2) Complete front cover details on ALC1 and OLB. (3) Affix in Clause (v) on the ALC1(d) any MCA-approved Additional Clauses required by the employer, e. g. incorporating company rules of conduct, drug and alcohol policy, union agreements, etc. (Voyage and Notice clause is already printed on the NFD ALC 1(d) sheet. ) (4) Prepare a copy of ALC1(d) and copy LOC for sending to the employer (unless a separate list is to be sent), as well as a copy of ALC1(d) to post up on ALC6. (5) Enter own details on ALC1(b), and on
inside front cover of OLB, giving myself an 'E' reference number, e. g. 'E01'. (6) Copy load line and freeboard details from Load Line Certificate onto dedicated page in OLB. (7) Make entries in narrative section of OLB re- (1) appointment as master and (2) opening of new Agreement and List of Crew. (8) Prepare to make List of Crew entries as crew and others board, and add their reference numbers and names to list inside OLB front cover.
What clauses would you have to affix to the blank copy of the Crew Agreement when putting the document together?
In the case of a BSF agreement: in the space for Clauses (ii) and (iii), a suitable