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Gard Guidance to Masters (Pdf) Guidance to Masters Guidance to Masters Disclaimer The information contained in this Guidance to Masters is provided for general information purposes only. Whilst the author and Gard AS have taken every care to ensure the accuracy and quality of the information provided in this Guidance to Masters, the author and/or Gard AS can accept no responsibility in respect of any loss or damage of any kind whatsoever which may arise from reliance on information contained in this Guidance to Masters regardless of whether such information originates from the author, Gard AS, its shareholders, correspondents or other contributors. The author and/or Gard AS accept no responsibility for the contents of any other reference, circular or guideline referred to in this Guidance to Masters. As stated above, the contents of this Guidance to Masters are for information purposes only. Nothing in this Guidance to Masters shall constitute an offer of insurance or an invitation to treat. Gard AS is a limited liability company registered pursuant to Norwegian law and transacts its business in Norway. Examples and illustrations used in this Guidance to Masters do not constitute the conditions of cover; such conditions are to be found in the contract of insurance entered into between the insurer and the insured in each particular case. 2nd edition September 2006 / 16.000 Designed by trigger Illustrations by Bjørn Høydal Photography by Erik Ruud Printed in Norway by Colorprint ISBN-13: 978-82-90344-31-8 ISBN-10: 82-90344-31-7 Gard is grateful to Color Line Marine AS and in particular Captain Erling B. Hansen and the crew of Color Fantasy for their participation in the photo in this publication. Guidance to Masters Foreword We are delighted to be publishing a second edition of the Gard Guidance to Masters for the best reason in the world for a publisher – the last one is now “out of print”! The world has also moved on significantly both legally and for Gard since the first edition was published in 2000. In the case of the former the ERIKA and ISPS are just a few of the issues which have influenced maritime law and practice, while Gard has moved from being solely a provider of P&I insurance to offering Hull and Machinery, P&I and Energy products to the entire maritime industry. As a result, the new and revised edition of Gard Guidance to Masters now includes Hull and Machinery. We are pleased to have worked again with Captain Ronald Wöhrn who undertook a major task in re-writing this edition and who has delivered a first class product. The structure of the first edition has been retained for the second – with short and precise guidelines written in simple language on how to respond in critical situations on board. We would like to thank him warmly for a job well done. In his Acknowledgement Captain Wöhrn mentions the individuals who contributed to this second edition and I would like to add my thanks to everyone who gave their time and expertise to this publication. The identification of risks, and possible ways to reduce and prevent them, are key priorities for Gard and we have been distributing circulars on important loss prevention matters since the early 1950’s. We devote considerable resources to helping all our Members and clients in this area and the publication of this book is a key part of our activities. Tangible measurements of success are often difficult to attribute to specific activities, especially in the prevention of loss, but if only one such case has been prevented through our efforts we would consider the investment a success. However, we realise that it is a never-ending effort as new areas on which we have to focus arise all the time. I am sure that this edition of the Guidance to Masters will become a valuable source of reference, providing useful information and guidance for readers as well as raising awareness and understanding topics that are important to us all. August 2006 Claes Isacson, Chief Executive Officer, Gard AS 4 AcknowledGeMent Once the manuscript for the first edition of Gard Guidance to Masters had been sent to the printers in late 1999, the public was shocked by the sinking of the MT ERIKA with its dramatic consequences for the maritime environment. And even more severe accidents followed, sadly combined with tragic losses of life. Thus, the need arose only four years after its publication to revise the first edition. As before, an editorial committee was formed, headed by Gunnar Topland, who discretely but firmly steered this team through the rough waters of legislative changes and technical improvements which had taken place in the maritime industry since the previous edition was published. In addition, he was responsible for organising and structuring the contributions and meetings alongside his day-to-day responsibilities, as all members of the editorial committee continued carrying out their day-to-day responsibilities within Gard. Leif Erik Abrahamsen and Reidar Ebbesvik are to be thanked for their contribution based on a wealth of Hull and Machinery claims handling expertise, as the 2nd edition certainly takes into account the expanded role of Gard AS in insuring and handling Hull and Machinery insurance matters. Trygve Nøkleby provided invaluable advice on all aspects of loss prevention based on experience gained in his position as manager of the loss prevention department, the focal point for learning from the mishaps and serious incidents which had occurred in the past. Mark Russell, already part of the team of the first edition, took particular care of the dry cargo section. In addition, Mark Russell provided valuable advice for improving the structure of the Cargo Ships and Cargo Operations sections and he also revised the Diversion – Deviation sections. Jannike Rognøy Olsson and Gunnar Espeland expanded the liquid cargo section in an admirably concise and pragmatic way, based on their experience as tank ship officers. Randi Gaughan cared for the precise grammar and terminology, an uphill struggle as she had to avoid changing the contents and meaning of the guidance provided. Further contributions were received from Geir Sandnes, head of the Dry Cargo Claims Department, Bjarne Printz, head of the Personal Injury and Crew Claims Department, and Trond Denstad in respect of the improvement of the stowaway questionnaire. Alf Martin Sandberg’s expertise as senior technical adviser helped to streamline the Safe Working as well as Training and Drills sections, based on his experience in investigating often tragic accidents. Special thanks go to Dr. Phil Anderson, President of The Nautical Institute, who worked in detail through the various drafts and who rendered very helpful advice on the interrelation between the application of sound seamanship and the stringent requirements of the ISM Code. Finally, Gard’s chief executive officer, Claes Isacson, is to be thanked for his continuing support of the decision to finally publish a second edition of this Gard Guidance to Masters. His encouragement and support enabled all of us to provide Masters and officers with a guidance, which aims to differ from voluminous instruction books, the contents of which is often not fully comprehended by all players in the maritime industry. August 2006 Ronald Wöhrn, Lawyer, Master Mariner, FNI 6 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 7 of Guidance and completed by the detailed Gard Handbook of P&I Insurance and the Gard Handbook on Protection of the Marine Environment.
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