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The Maritime Disciplinary Court of the Netherlands:
 

Focal Points Vessel categorisation > Multi Purpose General Cargo vessel < 3000 gt

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Accident and damage prevention

Crew education & training [2]

It is also recommended that awareness be raised by consulting the pilot guides that have been issued worldwide for many areas and explicitly warning of the dangers of entering ports - cf. the regulations mentioned under 3.2.b to d.

The ship management, the shipping company, and the officer in question should be aware that novice officers of the watch still require good guidance and instruction due to a lack of experience, even if they have completed the familiarisation “successfully”.

Familiarization [1]

The ship management, the shipping company, and the officer in question should be aware that novice officers of the watch still require good guidance and instruction due to a lack of experience, even if they have completed the familiarisation “successfully”.

Work preparation [1]

It is recommended to explicitly mention in the safety protocols and draw attention to in the safety meetings that working on/from hatches not secured on all sides poses safety risks, and a height of more than 2.5 metres falls under the concept of 'working at heights', which is subject to safety regulations. From a safety point of view, loading supervision is (therefore) best done from the hatch crane. If that is impractical and the space on the (stacked) hatches is used for that reason, a fall protection device is required.

Safety Committee [1]

It is recommended to explicitly mention in the safety protocols and draw attention to in the safety meetings that working on/from hatches not secured on all sides poses safety risks, and a height of more than 2.5 metres falls under the concept of 'working at heights', which is subject to safety regulations. From a safety point of view, loading supervision is (therefore) best done from the hatch crane. If that is impractical and the space on the (stacked) hatches is used for that reason, a fall protection device is required.

Medical matters/ alcohol & drug use [1]

The legal prohibition against performing duties on board while under the influence of alcohol in connection with the safety and security of the ship and the protection of the marine environment must be respected. It is recommended that shipping companies adopt a policy of not allowing alcohol consumption on board even outside the performance of these duties, or only to a very limited extent.

Social life on board / MLC (Maritime Labour Convention) [1]

The safety of the ship and its crew requires social safety on board. Shipping companies must make it possible for crew members to report complaints, if necessary outside the captain, to a trusted person or the Inspectorate. They must inform crew members of this possibility, as prescribed in Standard A5.1.5 On-board complaint procedures of the Maritime Labour Convention. It is recommended that this complaints procedure be visibly posted in places on board accessible to all crew members.

Navigation

The master’s role [1]

There should be an explicit instruction that with every voyage, the Ecdis settings should be (i) adjusted to the new/current voyage and (ii) checked.

Bridge orders/alerting the master [1]

Regardless of whether this played a role in this case, there must be a procedure/the work on board must be arranged in such a manner by the captain that differences in rank cannot result in officers on board not daring to take action in emergency situations due to fear of their superiors.

Voyage planning & preparation [2]

It is also recommended that awareness be raised by consulting the pilot guides that have been issued worldwide for many areas and explicitly warning of the dangers of entering ports - cf. the regulations mentioned under 3.2.b to d.
There should be an explicit instruction that with every voyage, the Ecdis settings should be (i) adjusted to the new/current voyage and (ii) checked.

Use of electronic and other navigation aids [1]

As a result of this collision, the Disciplinary Court notes that special attention for shipping vessels approaching from behind is important when sailing at relatively low speed in a busy navigation area. It is thereby recommended that the radar be set to “radar centre” (and not to “radar off centre”), in order to maintain good visibility behind the vessel.

Watchkeeping [1]

As a result of this collision, the Disciplinary Court notes that special attention for shipping vessels approaching from behind is important when sailing at relatively low speed in a busy navigation area. It is thereby recommended that the radar be set to “radar centre” (and not to “radar off centre”), in order to maintain good visibility behind the vessel.

Overtaking and crossing [1]

In the OOW’s assessment as to whether two vessels safely pass each other, the CPA should be considered as a numerical value, whilst the position of the vessels in relation to each other before, during and after reaching this point should also be taken into consideration.

Carrying out the work

Work on deck [1]

It is recommended to explicitly mention in the safety protocols and draw attention to in the safety meetings that working on/from hatches not secured on all sides poses safety risks, and a height of more than 2.5 metres falls under the concept of 'working at heights', which is subject to safety regulations. From a safety point of view, loading supervision is (therefore) best done from the hatch crane. If that is impractical and the space on the (stacked) hatches is used for that reason, a fall protection device is required.

Loading/unloading [1]

It is recommended to explicitly mention in the safety protocols and draw attention to in the safety meetings that working on/from hatches not secured on all sides poses safety risks, and a height of more than 2.5 metres falls under the concept of 'working at heights', which is subject to safety regulations. From a safety point of view, loading supervision is (therefore) best done from the hatch crane. If that is impractical and the space on the (stacked) hatches is used for that reason, a fall protection device is required.

Use of MOB boat [1]

When using a lifeboat/MOB-boat it is important to ensure that the boat is equipped with a compass, life jackets, a radar-reflector, a flashlight, a medical kit, bailing instrument, etc. in accordance with SOLAS.

In practice, this equipment is usually kept outside the open MOB boat to protect it from the weather. However, this equipment must be on board on each occasion that the boat is used.