'ËĘ ÁflÁŸĸĘ∑§ •ı⁄U Áfl∑§Ę‚ Ž˝ĘÁœ∑§⁄UáĘ - IRDA

issue focusirda journal October 2012packing and preparation of the cargo inrespect of which the policy has beenissued.As per the clause, vessels employed forcarriage, inter alia, should bemechanically self-propelled and of steelconstruction. The term “mechanically selfpropelledvessels” will also encompassvessels built of Aluminium alloy. Vesselsshould be classed eithera) With a Classification society which is aMember of International Associationof Classification Societies. (IACS,founded in 1968, is an independentbody which develops guidelines andrules for safety of ships). IACS controlsalmost 90% of the world’s shippingfleet. There are 13 member societiesof IACS. A ship employed for carriageof cargo needs to be classified withone of the member societies.Orb) National Flag Society - There arecertain vessels which are employedfor coastal trade of a nation or anarchipelago (Cluster of islands). Avessel employed for coastal trade orInter- island trade within anarchipelago should be registered withthe Maritime authority of the countryof which the owner of the vessel inquestion is a citizen and such a vesselshould carry the flag of the samecountry.Clause 2 of the classification clauselimits age of the vessels employed forcarriage. Some practitioners oftenmisconstrue the clause to beproviding an automatic cover forcarriage of cargo in vessels up to 25years of age; and end up findingthemselves in adverse situations atthe time of claim. The vessels areclassed under the two headsa) Bulk or combo (carrying liquid and drybulk) vesselsb) Other vesselsThe sub clause states that bulk orcombo vessels should not exceed 10years of age and other vessels shouldnot exceed 15 years unless they area) General Cargo Liner vessels, where ageup to 25 years is acceptable. Generalcargo vessels are specially built tocarry all types of cargo includingcontainersb) Container Liner vessels, RORO (Roll onRoll off) Liner vessels and double skinOHGCs Liner vessels (Open HatchGantry Crane vessels) where age up to30 years is acceptable. For those whoare not aware of what RORO andOHGCs are, RORO vessels are Roll onRoll off vessels which are employed forcarriage of wheeled cargoes whichcan be rolled on and off the ship withtheir in-built ramps. OHGCs are vesselswhich are fitted with gantry cranesdesigned to handle a particular type ofcargo. These vessels employ their ownThe compliance relatesnot only to theengineering, designand construction of avessel but alsoperiodic surveys thatare undertaken as perthe required standardsfor life cyclemaintenance.cranes to load and unload the cargoesinside the ships hatch. They can carryany cargo ranging from containers,machineries, project cargoes etc.Although a vessel may be classed withone of the member societies and may fallwithin the age restrictions of theclassification clause, will this in itself makea vessel seaworthy? One must note thatthere are stringent technical verificationand compliance requirements of themember societies and a vessel wishing tobe classed with one of the societies isexpected to comply with them in full spiritand action. The compliance relates notonly to the engineering, design andconstruction of a vessel but also periodicsurveys that are undertaken as per therequired standards for life cyclemaintenance.Hence, subjecting a policy to theclassification clause ensures, to someextent, selection of a vessel which is in aposition to safely deliver cargo at theintended destination.Safety of international trade has alwaysbeen one of the major concerns of tradingnations across the world and it is withrespect to achieving maritime safety andsecurity that various conventions andtreaties have evolved over a course oftime. International Safety Management orISM was adopted in the year 1994 by IMO(the “International MaritimeOrganization”) under SOLAS(International Convention for Safety of Lifeat Sea), 1974.International safety management laysdown international standards for the safemanagement and operation of ships andfor pollution prevention. The objectives ofthe code range from safe operation at sea,environment protection to continuousupgradation of skills of personnelonboard and ashore to safely manage andoperate a ship.24