Recommendation Date
Recipient Name
MSA
Text
Require Safe Ship Management companies to include in their contracts or agreements with clients, a clear understanding of the operators' responsibility to report "major alterations" or "major repairs" as required by Rule Part 21 [Safe Ship Management] [original text referred to Part 20 in error].
Reply Text
We have considered the Commission’s recommendation requiring SSM companies to include in their contracts or arrangements, a clear understanding of the operator’s responsibility to report "major alterations" or "major repairs" as required by Rule Part 21.12 (19).
MSA is of the opinion that we are unable to mandate terms in commercial contractual arrangements between the SSM companies and their clients, nor do we consider it necessary considering the clear requirements of Rule Part 21.
We do recognise, however, that some operators, and indeed SSM companies, may not fully appreciate all their responsibilities as required by Rule Part 21, and for this reason it is our intention to develop additional advisory circulars that can be read in conjunction with the Rule, which I believe fully cover the sentiment of your recommendation.
These advisory circulars would address technical issues illustrated by this accident, and provide an expansion of the Rule requirements (including a clear expression of the need to report “major alterations” or "major repairs" to the MSA) for both SSM companies and operators.
MSA would also note that it is our intention to further define the terms "major alterations" or "major repairs" in the amendments being considered to Rule Part 21.
MSA is of the opinion that we are unable to mandate terms in commercial contractual arrangements between the SSM companies and their clients, nor do we consider it necessary considering the clear requirements of Rule Part 21.
We do recognise, however, that some operators, and indeed SSM companies, may not fully appreciate all their responsibilities as required by Rule Part 21, and for this reason it is our intention to develop additional advisory circulars that can be read in conjunction with the Rule, which I believe fully cover the sentiment of your recommendation.
These advisory circulars would address technical issues illustrated by this accident, and provide an expansion of the Rule requirements (including a clear expression of the need to report “major alterations” or "major repairs" to the MSA) for both SSM companies and operators.
MSA would also note that it is our intention to further define the terms "major alterations" or "major repairs" in the amendments being considered to Rule Part 21.
Related Investigation(s)