航海英语【船长甲类】题库

问答题 6分

The contract of carriage of GOODs by sea is usually concluded as between the shipper and the carrier...

The contract of carriage of GOODs by sea is usually concluded as between the shipper and the carrier，either directly or through their respective agents．Consequently，by virtue of the historic principle of privity of contract，only the shipper and the carrier have the right to take action against one another under the contract of carriage．The only clear exception to the rule was where the party having the right to sue assigned that right under a separate agreement to another party．On the other hand，when GOODs are sold（as they typically are）prior to shipment，the terms of sale generally result
in the risk in the GOODs passing from the seller（the shipper）to the buyer（the consignee or endorsee，in the case of a bill of lading，or the party entitled to take delivery under a waybill）when the GOODs cross the ship's rail in the port of loading．Therefore，although the law recognizes that the shipper alone has the right to sue the carrier in contract for subsequent cargo loss or damage occurring while the carrier had charge of the shipment，the shipper is not usually the party who actually suffers that loss．Frequently，also，depending on the terms of sale，the shipper will no longer be the owner of the GOODs at the time when the loss or damage occurs，and so will be unable to sue the carrier in tort．
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1 问答题 6分
MV Magellan was inbound from Rotterdam to berth 207 at Southampton Container Terminal．At 0530 the pilot boarded the ship at the Nab Tower pilot station．The pilot's and the master's passage plans were exchanged and the ship's pilot card was given to the pilot．The passage continued along the East Solent，during which time there were various VHF radio conversations between vessels and Southampton VTS，about restricted visibility．The VTS officer gave the pilot a countdown from 5 to 2 cables to the Gurnard buoy．This was given so that the pilot could judge the timing of the wheel-over manoeuvre for the 141° turn into the narrow Thorn Channel．The wheel-over occurred at about 0652 and the ship began to turn．At this time，the W Bramble and NE Gurnard buoys，which are at the entrance to Thorn Channel，could not be seen because of restricted visibility．Various helm and engine movements were made during the turn．However，when W Bramble and NE Gurnard buoys appeared，the pilot realized that the ship was in the wrong position for the heading she was on．Despite further helm and engine orders，the vessel grounded soon after，at 0700．It was not until about 0710 that the escort harbor launch informed VTS of the grounding．With the assistance of two tugs，the ship was refloated near the time of high water，and she safely berthed at 1232．
2 问答题 6分
The contract of carriage of GOODs by sea is usually concluded as between the shipper and the carrier，either directly or through their respective agents．Consequently，by virtue of the historic principle of privity of contract，only the shipper and the carrier have the right to take action against one another under the contract of carriage．The only clear exception to the rule was where the party having the right to sue assigned that right under a separate agreement to another party．On the other hand，when GOODs are sold（as they typically are）prior to shipment，the terms of sale generally result
in the risk in the GOODs passing from the seller（the shipper）to the buyer（the consignee or endorsee，in the case of a bill of lading，or the party entitled to take delivery under a waybill）when the GOODs cross the ship's rail in the port of loading．Therefore，although the law recognizes that the shipper alone has the right to sue the carrier in contract for subsequent cargo loss or damage occurring while the carrier had charge of the shipment，the shipper is not usually the party who actually suffers that loss．Frequently，also，depending on the terms of sale，the shipper will no longer be the owner of the GOODs at the time when the loss or damage occurs，and so will be unable to sue the carrier in tort．
3 问答题 6分
The 4，426gt Swedish vessel Skagern sailed for her next port，Strood，with a draught of 5.95m．The master soon realized，however，that he would not make the tide for berthing if he proceeded to the Medway as planned，to pick up the pilot at the North East Spit．He therefore decided to change the passage plan by shortening the distance and embarking his pilot at the Sunk light vessel．The officer on watch，2/O，was told to make the necessary adjustments and lay off the new courses．
The 2/O made the original plan based on waypoints calculated and entered by another officer．These had been marked on the various charts and had already been entered into the GPS navigator．When he amended the passage plan he used the GPS to calculate a new course from a waypoint off Lowestoft direct to the Sunk pilot station．In doing so，he didn't realize he had missed out a pre-programmed waypoint in the GPS for a position to the east of the East Shipwash buoy．He didn't notice that his course line intersected the 5m depth contour to the west of the East Shipwash buoy． The master did not check the amended passage plan and Skagern continued with her passage．2/O came on watch again four hours before the vessel was due to arrive at the pilot station．One hour before arrival at the Sunk 2/O prepared to embark the pilot．
He saw the North Shipwash buoy and passed about three cables to the east of it．Shortly afterwards he saw two more buoys ahead of him，the East Shipwash on his port bow and the North-West Shipwash on his starboard．It did not occur to him that anything might be wrong．Shortly afterwards，Skagern ran aground at a full speed of 14 knots．He had found the Shipwash Bank．
Although two tugs were dispatched from Harwich to standby，the master was able to de-ballast his vessel and refloat her successfully with the aid of the main engine．There was no pollution and there appeared to be no damage．
4 问答题 6分
The Company should establish a safety and environmental protection policy which describes how the objectives will be achieved．The Company should ensure that the policy is implemented and maintained at all levels of the organization both ship based as well as shore based．
If the entity who is responsible for the operation of the ship is other than the owner，the owner must report the full name and details of such entity to the Administration．The Company should define and document the responsibility，authority and interrelation of all personnel who manage，perform and verify work relating to and affecting safety and pollution prevention．The Company is responsible for ensuring that adequate resources and shore based support are provided to enable the designated person or persons to carry out their functions．
To ensure the safe operation of each ship and to provide a link between the company and those on board，every company，as appropriate，should designate a person or persons ashore having direct access to the highest level of management． The responsibility and authority of the designated person or persons should include monitoring the safety and pollution prevention aspects of the operation of each ship and to ensure that adequate resources and shore based support are applied，as required．
The Company should clearly define and document the master's responsibility with regard to：implementing the safety and environmental protection policy of the Company；motivating the crew in the observation of that policy；issuing appropriate orders and instructions in a clear and simple manner；verifying that specified requirements are observed；and reviewing the SMS and reporting its deficiencies to the shore based management．
The Company should ensure that the SMS operating on board the ship contains a clear statement emphasizing the Master's authority．The Company should establish in the SMS that the master has the overriding authority and the responsibility to make decisions with respect to safety and pollution prevention and to request the Company's assistance as may be necessary．
5 问答题 6分
The tug Vegesack was towing a barge engaged in“stone-fishing”in the vicinity of the Beach End buoy in Harwich Channel．Tug and tow were part of a dredging programme．During the dredging contract，the practice was for the dredging craft，Vegesack，to nominate the passing side for vessels．
The barge was difficult to control in tidal and traffic conditions，and the master needed to exercise considerable skill and anticipation，as well as having to liaise closely with VTS and passing vessels．The German master had been issued with a pilotage exemption certificate and had been operating in the channel for nearly two months before the incident．
The ferry Dana Anglia was outbound from Harwich in daylight and GOOD visibility．When she was close to North Shelf buoy，VTS called Vegesack and agreed that Vegesack，who was in the middle of the channel，would move to the north side．This would enable both Dana Anglia and Bencomo，an inbound vessel currently passing No5 buoy，to pass to the south．VTS gave this passing information to the two vessels．
While passing Platters buoy，Bencomo called Vegesack，requesting her to move to the north．Vegesack said she was going to move to the Harwich（or south）side，and instructed Bencomo to pass to the north．VTS then intervened and confirmed with Vegesack that she wanted both vessels to pass to the north．At this time，Dana Anglia was approaching North West Beach buoy and could see Vegesack heading south，in contravention to what she had been asked to do and had agreed．
Vegesack then started turning to the north．Dana Anglia sounded her whistle and put her engines to full astern．Vegesack then passed close down the starboard side of Dana Anglia．
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第一章 航海图书资料
第二章 航海仪器
第三章 航海气象
第四章 船舶操纵
第五章 船舶避碰
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第九章 航运法规与业务
第十章 船舶安全管理
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