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Module 1, Section 8, RELATIONSHIP BETWEEN FLAG STATE ADMINISTRATIONS AND CLASSIFICATION

SOCIETIES

Classification societies are non-government organizations develop and survey their own rules to maintain safe and
seaworthy ship, harmless to the environment by pollution preventive aspects, in short term, a ship does not harm
on the environment or herself.
Basically, classification rules are not enforcement by law whereas the regulations of the flag state administrations
are a must and enforcement by law as the flag state administrations are governmental bodies. This not necessary
mean that classification societies are the weaker party in this industry classification societies are more skilled in
such way they are delegated by flag state administrations to perform even statutory survey on their behalf.
So, we could consider that both flag and class are contributing, both complete the other to enhance shipping
industry. The experience and skills which are part of the characteristics of the classification societies supported by
the legality and law authorization of the flag state administrations.
Also, classification societies developed and survey their own rules to ensure the strength of ship constructions and
the integrity of its essential components as well as the reliability of the propulsion and steering systems in addition
to other auxiliary systems which serve their operation, but there are other safety aspects not covered by the rules of
classification societies such as, life boats, navigation and communication equipment’s in addition to load lines, thus
covered under statutory requirements which managed by flag state administrations.
In addition, there are few aspects not covered by state administrations but may covered by classification societies,
these aspects are substantial features of ships and related to its deliberated service, such as firefighting
equipment’s on an SSRV tug or crane integrity of heavy left vessel.
There are two main types of privilege:
Litigation privilege (“LP”): this applies to communications between clients/lawyers and third parties that have been
produced for the dominant purpose of obtaining advice/evidence/information in relation to litigation, where
Litigation was “reasonably in prospect”, and the contemplated real likelihood of litigation must be the sole or
dominant purpose of the communications.
Surveyor usually engaged in various types of survey and investigations where in some cases involved two parties
dispute and potential of subsequence litigation in some cases. Hence, surveyor report might have vital information,
not meant to be exposed, discoverable or accessible to everyone in which it might be used in detrimental manner to
the principal or his interests.
Basically, a surveyor report has the nature of confidentiality where the principal only may disclose its content. So,
it’s the surveyor obligation and commitment to maintain the privacy of its content unless the principal’s instruction
otherwise.
Here I have a question to Mr. Allan.
Also, glad to hear from colleagues if they want to share thought of mind.
If the surveyor report includes sort of information relevant to a criminal act or were a subsequence of them. Is the
surveyor still obligating to maintain the secrecy of those information or can expose them?
Thanks
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Module 1, section 10, The classification societies may issue a definitive five-year class certificate following

satisfactory class renewal surveys. What other certificates may a class society issue and under what

circumstances?

As a recognized organization, classification societies may be delegated by state administration to survey and issue
statutory certificates in their behalf.
In addition, class capable for
 Auditing and issue certificates of SMS, ISPS, MLC.
 Review and approve vessel drawings and plans such as fire plan, security plan.
 Study & calculation in case of conversions or retrofit such as stability calculation and stability booklet.
 Attend, witness specific occasions based on owner request such as crane load test, bollard-pull AND FMEA
tests.

Module 1, Section 11, Experience and knowledge required by a surveyor,

1) Bunker survey,
considering the tasks performed in the scope of this surveying, period of past service as chief engineer
would have significant progression effect and will sure bring a successful bunker surveyor.
Meaning, scope of bunker surveyor if few details will cover main tasks
 Conduct fuel tanks measuring including empty tanks.
 Calculation of the actual quantity and verify necessary corrections related to temperature, trim, dead
stock or tanks unpumpable and consumption of machinery inn service time of survey.
 Verify bunker, fuel piping, tanks and valves.
 When requested, collect or witnessing fuel sampling and in some cases could extend to be present
during laboratory analysis.
Apart from laboratory attendance, all mentioned above are routine to chief engineer on chartered bulk
carrier used to deal with bunker surveyor each bunker operation.
Off course we are not neglecting the academic education and engineering studies but emphasizing the
importance of experience to a specific career.

2) On-hire/Off-hire survey

Similar but in different phrase to what described in bunker survey, the on/Off-hire survey contained the
same pointed tasks in addition to cargo related equipment’s and compartment’s which may get
affected by cargo handling where damages must be recorded and evaluated for further claims.
In the following pints, it’s typical to a close up or through inspection which required background of ship
construction and also a previous handling for similar types of damage, mostly bulk carrier.
 Cargo holds general cleanliness and coating condition
 Holds structure, transverses, bulkheads and access ladders.
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 Cargo holds tanks top where adjacent to damage by grabs.
 Cargo holds hatches arrangements.
 Cargo gears/ cranes where applicable.
 Cargo holds bilge system and function of its alarm system.

3) Draught survey

This type of survey could be considered a skills combination form both bunker and on/off hire survey, in
which the draught survey must get the outmost accurate calculation of vessel displacement in brake it
down to cargo, ballast and fuel. As well as vessel tanks and cargo hold construction in which enable him to
calculate the total empty spaces and its corresponding volume when required. It may be noticed that the
academic education and engineering represented by these complected calculations, yet sea time on
Panamax or Suezmax still valuable. Below some activity of draught survey
 Reading the draught marks, when vessel is upright, minimum trim and most importantly, vessel
should be ideally lying still in calm water.
 Cross check vessel remote draught gauge(where applicable) and compare with initial readings.
 Obtain water samples in which vessel is floating and get water density measured.
 Sounding of vessel tanks, including empty tanks also check their vents.
 Calculate total ROB of fuel, Lub. Oil and fresh water.
 Calculation and associated corrections of vessel displacement by mean of hydrostatic data in
vessel stability booklet.
When a draught survey for a 20.000 tons bulk carrier is carried out, the surveyor will pay heed for the

following points:

Before undertaking the surveyor must be equipped with recommended gears (strong flashlight, draught

tubes, hydrometer,…etc)

Moreover,

- Check vessel GA plan to confirm identifying vessel tank’s locations.

- Check available void spaces, tunnel or trunks must be check initially and at final stage.

- Numbers of water samples for density measurements depends on vessel length, the long vessel length

the more taken samples.

- Check oil and fuel tanks capacity and ROB.

- Check vessel records for past cargo operations, quantity loaded/discharged, and time used for both.

- At final stage check vessel logs for any ballast or fuel transfer operation.
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Module 1, Section 12, List the types of commercial surveys that an independent surveyor may be required

to undertake and, in each case, suggest who are likely to be the principals.

Three types of commercial surveys


1. Quality surveys.
2. Before shipment surveys
3. After shipment
1) Quality survey.
In this case, goods or commodities quality required quality matching confirmation, where mostly the
subject of inspection is far from the specialties of a marine surveyor, thus with his experience is unqualified
to perform the task and the need for third party or an expertise, specifically for those type of commodities
will help to get a propitiate assessment and surveyor will maintain his impartiality.
In this scenario, the principal might be considered the good’s owner or his representative.
2) Before shipment surveys
During goods trading and specially the international cases, a pre-loading assessment/confirmation of
transported goods against detailed specification, in both characteristics and quantity, need to be
registered in formal documentation, specially, where potentials of buyer seller dispute are there. Thus.
Such document is so vital and necessary prior loading for underwriter or insurance company if involved.
The good’s seller considered the principal in this case.
3) After shipment
This is a converse stat of before shipment scenario and good’s buyer considered the principal.
Different scenarios requires different experience of the surveyor. In the general we distinguish three

.
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Identify from the above, how professional status may be formalised for surveyors acting for

IACS Members and for surveyors acting for non-IACS organisations. Post your conclusions to

the forum.
Surveyor acting for IACS considered as a full-time employer and he is basically well educated, trained
and he will gain more experience and knowledge during he’s everyday activity, which for IACS used to
be busy where more than one opportunity comes up in daily basis from the number of surveys
required based on the bigger number of vessels registered under one of the IACS members.
The above would be conversely with the non-IACS surveyor, the number of registered vessels
obviously less and in consequence number of survey required.
I believe in this case the surveyor must count on his own if he wants to get more experience, using

training facility or get as much as possible from available books he can get .

 EngTech Engineering technician, more practical engineer has a combination of academic


education, professional qualifications and experiential learning through years of works used to solve
practical problems.
 IEng incorporated engineer, Engineers with a combination of academic education,
professional qualifications and experiential learning maintain and manage applications of current and
developing technology.
 CEng chartered engineer, highest achievement as an engineer, reaching the inventor level,
develop solutions to engineering problems. may develop and apply new technologies, promote
advanced designs and design methods.

Identify and discuss on the forum, five actions of a surveyor which may damage
their reputation

1. Attitude and behavior,


surveyor mostly do the survey on board the vessel at port while normal activities on
going, such as cargo operation, bunker, crew change and many other events. In many
vessels’ master or chief engineer went through lot of arguments and became nervous and
might be aggressive for a while till calm down. If surveyor encountered a discussion with
vessel’s master or chief engineer while they are in this mood, it’s very likely that things go
wrong.
In this occasion surveyor must maintain his professionalism and mind his temper situation
might developed to what is not praised when client canceled surveyor attendance which it
might be his last.
2. Trustworthiness,
when surveyor on board the vessel he might went through many locations during his tour.
If the surveyor came to know or witnessed something not listed in client job description
and that discovery by any mean could detriment or devastate the client if exposed.
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Surveyor must think thousand time in his future before thinking in disclose his finding and
he must respect client trust into him otherwise who might invite untrusted surveyor on
board a vessel.
3. Good timekeeping,
surveyor usually board the vessel during one of their port calls where time frame mostly
less then job required.
Surveyor need to be good timekeeper, smart planner and proactive to get the job done in
time, even earlier if he could. It’s critical subject and if surveyor has the habit of wasting
time or laziness his time as marine survey might be shorter than what he thought.
4. Clean and tidy appearance,
It’s basic subject for surveying or any other profession which represent many of the
person personalities to others. Ship is the temporary home for number of persons for
quite time where surveyor has to visit vessel’s master in his home (if we could use this
expression), so put yourself in his position, and you are at your room(cabin) and a person
entered with dirty, stinky and filthy boiler suit, could you consider this a pleasant event
and a welcomed gust, sure not. Surveyor apparent very important for his reputation.
5. Honesty
One subject can not come partially or on average, a person is honest or not. If something
for any reason under any circumstances desecrate surveyor’s honesty, regardless the
reason, even if it’s not true, it will spread till it would be known enough, then it couldn’t fix
it or pull it back. This is also something about reputation make it different than any other
aspects, as much as you try to fix it as it gets more harder where more justifications
usually make more worse.

Explain why reputation is important regardless of professional qualifications.

As they said “reputation comes first then followed by the person himself” same apply on
the surveyor’s reputation, it travels thousands of miles, it might go to other countries with
few words in one email, or phrases in phone call between two persons talking or a post in
social media (possible combined with photo) where hundreds of thousands could read.
Reputation travel and reach beyond places surveyor himself did not went to; people know
about a surveyor before even meeting the survey himself.
Reputation for surveyors and other professions as well, a major part and main
fundamental at any establishment or organization, as much its strong and clear as strong
foundation you have.
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Discuss on the forum how you would respond to negative feedback concerning a service
which you have provided to a client

In the beginning, to deal with this case in professional sense without involving any emotional or
irrational reactions, you need to not take it personally, the fact is that you need to get to the roots
beyond this feedback. At times it maybe not that client doesn’t know the technical aspects, he might
wrote that were he was in a bad mood. You don’t have to agree with the client to understand his
frustration, imagine yourself in his situation, if you were expecting a great survey and greater report,
but it’s far below your expectations, isn’t enough to ruin your day and alter your judgement!
At this stage you will know that you start thinking more proactively, hence showing how you care
about client satisfaction and client support , to do that acknowledge and thank the client for his
feedback, express your understanding and despite your disagreement, you apologize nonetheless.
Then, try to find where is the problem, ensure that his conclusion based on
proper understanding or provide him an explanation. If this was not the case, be honest and take
responsibility for your actions, find the areas which require your improvement, offer solutions to
overcome this situation where it might end up with establishing trust and initiation of business
development and a call to board the vessel for consultation or a second survey appointment when
your first thought that it was going to be your last with this client.

1. Locate and review online material relevant to building client relationships.

https://www.marineinsight.com/know-more/8-reasons-to-implement-customer-
relationship-management-crm-in-maritime-industry/
https://www.mbopartners.com/blog/how-manage-small-business/6-tips-for-building-
and-maintaining-client-relationships/

Produce an agenda and a list of discussion points for a meeting with a new client who
wishes to engage your services to perform a survey on three of their company general
cargo ships. you should concentrate more on the general aspects of attendance for the
survey. Post your agenda and discussion point list to the forum. Review other
suggestions to see if anything is missing from your list

it is preferable to conduct a pre-meeting preparation for proper arrangements were both parties will
have initial agreement for.
survey quotation and payment.
 Clint inquiries
 meeting schedule as well.
 Documentations required for surveyors
 Additional tools or logistics where applicable.
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MEETING
1- 10:00-10:45 introduction
 Welcoming and Introduction.

 Short familiarization for survey company.


 Minutes of previous meeting highlights.
 Purpose of meeting.
 Meeting schedule duration and breaks.
 Meeting agenda.

2- 11:00 – 11:45 survey discussion


 Client inquiries.
 Survey requirement’s documentations, drawings, certificates, reports history, tools.
and logistics ..etc.
 Surveyor’s preparations for the task, pre-assessment and review technical aspects.
 Survey plan.

3- 12:00- 12:45 Technical discussion


 Scope of work.
 Survey discussion.
 Clients detailed instructions.
 Any other relative questions.
4- Xx:xx as agreed for closing meeting.
 Survey summary.
 Surveyor’s findings and observations.
 Initial reports
 Comments and remarks for considerations
 Reports submitting date
 Time sheet and feedback form signatures
 gratitude

Identify five errors a surveyor could make which may lead to a client losing trust in them and
discuss this on the forum.
1- Do what you say and say what you can do
When survey give a lot or promises regarding the quality of service, client will have
high expectation as well. But when the surveyor now for fact that his limited
capabilities will prevent fulfil those promises and he will breach this covenant.
Subsequently, when survey take place and result was far beyond that expectation and
in some times below satisfactory standard also, client will be very disappointed.
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Hence, surveyor will lose his creditability in addition to client trust.

2- Reports
Report is the final product and the main role in the survey subject, when this product
failed in the quality test, surveyor will lose his mutual trust with the client. It is like a
customer traveled to buy a product, he previously promised will be satisfied but
eventually he did not, do he will have to trust that person any longer.
3- Survey charges.
Survey cost is something both parties agreed about at early stage of the business, but
when upon completion of the survey and happen that the surveyor claim more or
extra charges for any reasons, the surveyor trust will be in doubt in case of any
further business.
4- Confidentiality
On many occasions during the survey, a surveyor will come to know sort of client
information, some of them could be quite confidential and must not disclosed.
If for whatever reasons, the surveyor discloses all or part of this information, his
trustworthiness vanished the moment he spoke this info.
5- Communications
Communication as an essential and critical prospective between client and survey, it is
as well have a great influence on client surveyor relationship, especially the trust
between both. for instant, if surveyor failed to commit his client appointment after
agreement with the client in the communication, or client following up a survey results
and each time he talks to the surveyor found out that reports not yet ready or he has
to remind the survey about the whole thing from beginning. No trust could be
expected with that survey business.

• Produce a Word document which you as a surveyor may use as a “request for survey”. Share
on the forum and compare yours to those posted by others. Attached
• Identify five problems which an attending surveyor may encounter if the request for survey
document is not used.

1- Survey cost and payment arrangement are detailed in the request form; hence, this will
prevent any arise concerning survey charges.
2- Difficulties with port security during port entrance.
3- Prevent arguments with clint regarding survey scope, same detailed as agreed in the request
form.
4- Boarding the vessel in case vessel’s master not aware about the survey.
5- Difficulties during survey scope execution due to lack of tolls, equipment’s or any other
arrangements required for survey execution and already discussed agreed and listed in the
request from
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• Suggest three scenarios where the request for survey may be used to resolve a dispute and
discuss this on the forum.

- Dispute in survey cost

- Dispute in survey scope.

- Dispute in logistics.

First scenario, double bottom tank


I will inform the client that survey must be abandoned as subject tank is unsafe for entry due to
unreadiness of tank, thus survey has to be rescheduled to next opportunity where tank will be ready
for examination. Briefing him about that finding with supporting evidence.
Dishonesty could be proven by one of below investigations.
Most of oxygen tester and toxic gas analyzers are equipped with memory chip, in which last measured
reading and timing could be compared with permit form test schedules.
Check with chief mate or other officer who assigned to prepare the tank and enclosed entry form and
ask him about one or more form criteria, oxygen reading or timing of one of form tests.
Investigate the crews involved in the tank preparation and compare their work and rest hours record
with enclosed entry permit form.

Second scenario, superintendent


Politely, apologies to complete the survey at this stage and I have no issue to procced with tank
examination if the oxygen result is satisfactory, but its not. This is I high risk and matter of life and
death.
Will inform the client about the current and how I was looking to complete the survey considering the
vessel tight schedule but unfortunately nothing could be done with this low oxygen level. Also, I will
be happy to reattend to complete the tank survey if a future opportunity arises.

Research the various “code of ethics” available on the internet for different marine related
organizations.

https://tasneefba.ae/sites/default/files/pol-gen-gm-ba-001-rev-001_ethical_code.pdf

Explain in detail why it is important to determine the client’s requirements at an early


stage.
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Usually, client expectations are more from what a marine surveyor could afford, in few cases were
clients technical background in this matter are quite insufficient, they may be thought that a marine
survey could provide any task related to vessel certifications or they are able to help them avoid some
violations by mean of signed report or letter. Mostly, there are no cruel intention as it is not more that
it’s their preconceived roles of a marine surveyor as they told or come to know.
Hence, it would be better to made the client clear about what he could expect from the surveyor
earlier stage, surveyor could brief and clarify for the client about the role of marine survey and which
tasks he is able to fulfil and which tasks he can’t, this will prevent any conflict or misunderstanding at
due course.

https://www.marinesurveyscanada.com/wp-content/uploads/2022/03/Doc-220305TC-Standard-
Terms-and-Conditions.pdf

https://islandyachtsurveyors.com/terms-and-conditions/

• Explain how a documented contract in the form of terms and conditions may aid the surveyor in a
liability claim against them for failing to complete a survey in line with the client’s requirements.

Documented contract will clearly layout what requirements form surveyor should be appropriately
completed and client acknowledge by signing the same, hence in case dispute arise regarding the
service, it would be easy to disclose that some requirements were additional from client and not listed
in the contract.

• Explain how the use of documented terms and conditions can enhance the service provided by the
surveyor.

Survey requirements will take the legal form and subsequently, surveyor obligation and commitment
to complete these requirements as profession and appropriate as client required to avoid any service
claim. In another words, when surveyor service monitored by law it will increase his eagerness and
interest in completing the required survey appropriately.

Below my thoughts on Module 2, Section 11:

During a dry dock survey, the client’s representative advises you that he has been called
home due to a family emergency. There are no other client representatives available to
attend the survey and the dry dock requires the vessel to be floated out the following
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morning. The client’s representative requests that you perform a survey of the tail shafts in
their absence and provide the dry dock staff with instructions to repair or refit the shafts
depending on your findings. Post your decision and reasoning to the course forum.

As we all agreed that it’s not listed in the survey scope of work, so I will not attempt to undertake this
role without an official form client such as delegation form clearly state the new deputation to added
on my main role or could be an addendum or supplement to the main contract even though, it’s not
likely to be done, as client rep. will hesitate thousand times before singing such documents.

Therefore, as the vessel in dry dock, usually there are a project engineer from the yard assigned to
this vessel, were his responsible for all work related to this project, and tail shaft sure in among them,
and they used to call vessel tech. supint. Or vessel chief engineer to witness the repair completion and
review the technical and QC reports and sign both.

I could propose to assign the yard project engineer to complete the task and proceed with shaft
installation with client rep. and he can share the reports by mean of email.

1. Invoice correctly and as soon as possible. Ensure the pay-by date is clear.
2. Be clear about your payment terms
3. Make sure invoices are sent to the right person
4. Send an overdue payment reminder
5. Follow up with a phone call
6. Consider extending credit
7. Charge late fees
8. Send a statement of accounts
9. Take a more formal approach and send a follow up reminder letter.
10. Take legal action
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What are the key provisions that would be common to any contract?
- Governing/disputing procedures law applicable.
- Involving parties’ identifications.
- Parties’ liability & obligations.
- Indemnity.
- Sub-contractors and exclusivity.
- Procurement of equipment
- Timing and schedule. When the contract starts and when to end.
- Limitation and breaches.
- Standard of acceptance.
- Payment terms and condition.
is there a time bar and is it similar to statutory time limits?
Yes, English law statutes a limitation period of six years from the date of breach of contract for liability
claims, however a surveyor's contract may be limited to one or two years.
What are the restrictions to a surveyor’s contractual liability?
The Unfair Contract Terms Act 1977 (UCTA 77), It frames and controls contractual clauses which

restrict or limit professional liability. Limitation clauses shall be “reasonable”, otherwise they will be

deemed invalid.

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