Syllabuses Master (Yachts less than 500gt) Duration Content
Aims
Level
of Understanding Assessment Legal Framework 1 General a)
Can distinguish acts which might be considered to be civil and criminal wrongs and give examples of
each in the context of yacht operation b) Understands, in simple
terms, the role of civil and criminal law c) Can describe in general
terms the concepts of ‘negligence’, ‘duty of care’, (and specifically ‘reasonable care’) ‘non delegable
responsibility’ and ‘vicarious liability’ d) Understands what is
meant by summary procedure, the purpose of the statutory scale of fines and can describe some of those
offences giving rise to fines in excess of the statutory maximum on summary conviction e)
Understands the structure of UK marine administration from Parliament, MCA, the role of Merchant Shipping
Acts, Statutory Instruments (SIs), Merchant Shipping Notices (MSNs),
Marine Guidance Notes (MGNs), Marine Information Notes (MINs)
and Codes of Practice in the administration of maritime policy. Distinguishes the role of the MCA from
that of the MAIB f) Understands the Role of the Official Logbook
and is able to: i. explain the nature of
this record as part of the public records of the United Kingdom ii.
state which ships must keep it iii. state
the rules governing the recording of information, including the practice of annexing documents / information iv. state, with reference to yachts, when this record must
start and when it must be transferred to the Registrar at Cardiff v.
understand, given the considerable detail of the information to be recorded, the need to have a copy
of the Official Log Book regulations for reference when making entries vi.
demonstrate a working knowledge of the information to be recorded in the Official Log Book relevant
to the operational management of a yacht and its’ crew vii. understand the nature of the entries to be made in the narrative section of the Official Log Book 2 Arrival, departure and security a)
Circumstances giving rise to a mandatory health report, procedure to be followed before arrival, on
arrival and until health clearance is obtained. The role of the International Maritime Declaration of
Health b) A general understanding of the possible consequences of
carrying stowaways. Action to be taken to prevent stowaways and action to be taken upon discovery of
stowaways c) Is aware of the advice of the MCA concerning the carriage of firearms in British registered vessels. Recommended precautions in circumstances where armed robbery or piracy are a threat in the context of the Master’s duty of care 3 International Law a)
Understands the role of the base line in defining territorial waters (but not full details of how it
is drawn), appreciates that interpretations of UNCLOS rules in this respect can vary in different countries b)
Understands the rights and obligations of flag state and coastal state in internal and territorial waters
and on the high seas for the enforcement of international conventions (Not
contiguous zone, exclusive economic zone, exclusive fishing zones nor the continental shelf). Can describe
what is meant by ‘freedom of the high seas’ c) The importance of
the geographical position of the yacht, the nationality of the crew and of the flag of the yacht in
determining criminal jurisdiction d) Understands how international
conventions can be policed, the nature of ‘innocent passage’ and when this may be denied, can
describe in general terms the role of Port State Control organisations e)
Understands the general principles of the allocation of nationality to ships, the role of the UK Register
in Cardiff and the use of the certificate of registry in the operation of a yacht f)
Can describe the procedure to apply for a Certificate of Registry (COR) in the UK, the procedure
if the certificate is lost and upon sale of the vessel g) Can distinguish a United Kingdom registered ship and a British ship. Has a general understanding of the relationship between the United Kingdom and the Crown Dependent Territories with reference to the statutory regulation of British ships Safety Management 1 Safety Certificates and Documents a)
Describes the purpose of the Load Line certificate and: i.
which vessels are required to carry one ii.
period of validity iii. timing of required
surveys iv. general subject matter of the
surveys v. purpose of ‘conditions of assignment’
vi. circumstances under which the Load Line certificate is automatically cancelled b)
Describes the SOLAS certification that may be required for yachts specifically:
i. Passenger and Safety Certificate ii.
Cargo Ship Safety Construction Certificate iii.
Cargo Ship Safety Equipment Certificate iv.
Safety Radio Certificate v. Safe Manning
Document vi. International Safety Management
(ISM) Certificate of Compliance For all certificates;
the sizes or types of yacht to which they apply, the period of validity, surveys required, issuing authority
and general subject matter c) Understands the definition of a ‘pleasure
vessel’ and a vessel ‘engaged in trade’ in the context of the current regulations governing ‘vessels
operated commercially for sport or pleasure’. Recognises that large non-commercial yachts are subject
to minimum safety standards as class XII vessels d) Understands that
no yacht can carry more than 12 passengers without special dispensation and can define the word ‘passenger’
in this context e) Understands the principle constraints of the MARPOL
convention, specifically: i. that it applies
to all yachts ii.
can identify the Annexes in force, the particular pollutants covered by each of these Annexes as relevant
to pleasure yacht operation iii. can define
an Annex 1 substance iv. can explain the
total prohibition on the discharge of Annex 1 substances into any sea area
v. explain the circumstances in which certain discharges of Annex 1 substances
may be excused vi. recognise that all ships
must be constructed and equipped so as to prevent pollution by Annex 1 substances and that certain ships
must carry certificates to prove this vii.
identify which pleasure yachts must carry an International Oil Pollution Prevention Certificate and
a SOPEP viii. state the period of validity
of the above certificate, describe the surveys required to maintain its validity and identify authorised
issuing authorities; ix. can state the structure
and function of the SOPEP x. state which
pleasure yachts must maintain an Oil Record Book in an approved form
xi. describe the above Oil Record Book and state in outline the information
to be recorded in this book xii. describe
an Annex V substance xiii. explain the rules
governing the disposal of Annex V substances xiv.state
which pleasure yachts must maintain a Garbage Record Book and have a Garbage Management Plan
xv.explain the use of the Large Commercial Yacht Code (LY2)1
in the application of MARPOL to the operation of pleasure yachts f) Certificate of compliance with a Commercial Code (‘Small Vessels Code’2 or LY2). Which vessels need it, issuing authority, how long valid for, surveys required 2 Statutory Safety Duties a)
Understands the meaning of a distress alert, can define ‘distress’ in the context of SOLAS and can describe
the duty of the Master to respond to signals of distress, actions to be taken upon receipt of such a
signal, circumstances when Master is released from his obligation to respond b)
Action to be taken after a collision, with regard to standing by the other vessel and exchanging information,
responsibilities to limit pollution, records required to be kept c)
Action to be taken in the event of yacht sustaining material damage, with regard to possible consequences
for statutory certificates and insurance d) Definition of a reportable
accident, major injury, serious injury and dangerous occurrence. Can describe the initial report following
an accident and the required follow up reports. Describes actions required after each type of incident.
Is aware of the different ways that the MAIB can respond to such reports e)
Duty to report dangers to navigation, can list the six categories and describe the action to be taken f) Can distinguish between compulsory and non compulsory pilotage. Understands the relationship between Master, pilot and owner. Understands what should be provided to assist the pilot upon arrival at the boarding station, on the bridge and during the pilotage 3 Safety Organisation a)
Understands the role of Master, safety officer and safety representative. Can describe the role of the
safety committee. Can summarise, in general terms, the duties of employer and employee under the current
Merchant Shipping (Health and Safety) Regulations b) Understands,
in general terms, the role of the ISM Code. Can describe the purpose of risk assessment and how this
might be applied in a yachting context c) Describes the Code of Safe
Working Practices for Merchant Seamen3
and explains its use in the management of safety on board a yacht d)
States which yachts must carry copies of the safe working practices code and how many copies are required e) Can describe an example of a permit to work procedure as might be used in the work environment of a yacht 4 Seaworthiness and Safe Manning a)
Understands the Master’s responsibility to ensure the seaworthiness of the vessel at the commencement
of each voyage and the consequences of attempting to proceed to sea in an unsafe and unseaworthy condition b)
Shows appreciation that possession of valid statutory certificates does not, in itself, prove seaworthiness.
Understands that the concept of ‘seaworthiness’ can have a much broader definition in the civil courts c)
Demonstrates an understanding of the principles by which a vessel may be deemed to be safely manned
in accordance with the STCW convention d) Explains the application
of United Kingdom manning regulations to a pleasure yacht, and the use of the LY21
as an alternative to these regulations e) States the duties of Master
and chief engineer under United Kingdom merchant shipping regulations as they relate to the organising
and maintenance of safe navigational and engineering watches f) Explains the use of standing orders as part of the process of safe delegation and supervision of delegated responsibilities and understands the Master’s responsibilities to ensure that the navigation bridge is manned by an adequate number of suitably qualified people to deal with prevailing circumstances Contracts 1 Contracts of Salvage a)
Can define and explain the elements of a valid claim for Salvage in Admiralty Law, in the absence of
any contractual obligation to pay for the services involved b) Distinguishes
between contracts for assistance based on salvage principles and contracts of hire (towage) c)
Explains the advantages and disadvantages to both parties in the use of each of the above forms of contract
with reference to the practicality of negotiating and using such contracts at sea d)
Explains the practical use of Lloyds Open Form of salvage contract, how it can be negotiated and its’
advantages to both parties e) Explains the interpretation of the
expression ‘a place of safety’ as used in Lloyds Open Form of salvage agreement and the need, wherever
possible to agree a ‘place of safety’ f) Explains who has the legal
right to control the acceptance or rejection of assistance to ships and the possible consequences of
attempting to usurp this control g) States the legal definition of
the word ‘derelict’ h) Understands the definitions contained in the
International Convention on Salvage i) Understands the ‘Duties of
the Salvor’ and the ‘Duties of the Master/Owner’; j) Explains the contents of Articles 13 and 14 of the International Convention on Salvage 2 Contracts of Employment (Crew Agreements) a)
Have an understanding of and be able to apply the United Kingdom regulations as they relate to the opening
and closing of crew contracts aboard pleasure yachts and be able to state the circumstances in which
a pleasure yacht must have an approved crew agreement b) States that
crew members are entitled to and are required to contract on the basis of an approved crew agreement c)
Describes the standard form of approved crew agreement for pleasure yachts and explain how the various
documents can be obtained d) Explains the relationship between an
approved crew agreement and any other associated collateral contracts relating to the employment of
a particular crew member e) Describes a procedure for engaging a
crew under the standard form of approved crew agreement so as to comply with United Kingdom regulations f)
States the legal obligations of a Master as they relate to the maintenance of crew lists g)
Describes a procedure for terminating a seaman(s) employment under the standard form of yacht crew agreement
so as to comply with United Kingdom regulations h) Defines, with
regard to pleasure yachts, those persons on board who are passengers as opposed to crew i)
State the statutory obligations of an employer as they relate to the maintenance and repatriation of
seaman j) Describes a procedure to be followed so as to comply with
all United Kingdom regulations relevant to a crew member who: i.
dies at sea ii. is injured at sea on board
a yacht iii. is incapacitated due to illness
and discharged to hospital k) Be able to demonstrate a practical
understanding of United Kingdom employment law as it relates to yacht crew and be able to:
i. understand and interpret the elements of the Code of Conduct as it relates
to pleasure yachts ii. understand and distinguish
between Paragraphs 8, 9, 10 and 11 of the Code of Conduct. (Breaches and dealing with breaches of the
Code) iii. understand fully Paragraph 5
of the Code of Conduct (Conduct in case of emergencies) iv.
explain the meaning of fair dismissal, unfair dismissal and wrongful dismissal
v. understand and explain the remedies for unfair dismissal
vi. understand the conditions for the termination of employment within the context
of the crew agreement at the: ο
request of the Master; ο
request of the individual; ο direct request of the Owner. 3 Yacht Charter Agreements a)
Can distinguish between ‘bareboat’ (Demise) and ‘standard’ time yacht charter party agreements b)
Can describe the consequences of these types of agreement for the owner and charterer in terms of their: i. responsibilities;
ii. liabilities; iii.
degree of operational control. c) Understands the consequences of these contracts for the legal status of the yacht and the effect that this has on the requirement to submit to merchant shipping regulations for a ‘pleasure vessel’ or a ‘commercial vessel’. The role of the LY21 in this context, particularly with regard to the manning scales they contain 4 Marine Insurance a)
Recognises the voluntary and contractual nature of the insurance of yachts b)
Distinguishes between the insurance of a yacht and the insurance of other forms of Owners’ liabilities c)
Explains the following insurance principles: i.
indemnity, subrogation and contribution ii.
actual total loss iii. presumed total loss
iv. constructive total loss v.
deductibles d) States what is meant by a warranty in an insurance
policy and understands the effect on the policy of a breach of warranty e)
Recognises that hull insurance policies place various restrictions on the use of a yacht, in particular
the use of the yacht to save or assist in saving property f) Recognises
the change/loss of classification, change of flag or ownership and demise chartering, could all result
in automatic termination of hull insurance g) Recognises that cover
in the nature of war risk must be negotiated specifically h) Describes
the duty of an assured (Sue and Labour Clause) and explain its’ significance to the Master of a yacht
in need of assistance i) Explains why Underwriters prefer assistance
to ships at sea to be negotiated on the basis of Lloyds Open Form j)
Describes the function of organisations known as P & I Clubs k)
States the type of risks that yacht owners usually insure with P & I Clubs l) Describes, in general terms, the likely sequence of events after a major claim. Can describe what must be done immediately after an incident and subsequently, in order to act in the owner’s best interests. 1 MSN 1792 (M) or any subsequent
amendment 2 MGN
280 (M) Small Vessels in Commercial Use for Sport or Pleasure, Workboats and Pilot Boats or any
subsequent amendment 3 SI 1998/1838 The Merchant Shipping (Code of Safe Working Practices for Merchant Seamen) Regulations 1998 or any subsequent amendment |