About the Author Alan M. Weigel, associate at Blank Rome LLP, concentrates his practice in the area of commercial and insurance litigation and arbitration, with a particular emphasis on the maritime industry, where he represents clients in a wide variety of both domestic and international maritime, commercial, and insurance matters. Contact Weigel at tel: 212.885.5350; or Email: AWeigel@BlankRome.com
Monitoring Performance
The burden of proving seaworthiness and the exercise of due diligence to make the ship seaworthy is upon the vessel owner or operator. Thus, in the event of a navigation casualty, it will be incumbent on the vessel's owner and operator to prove that they exercised due diligence. The ISM Code places a general requirements on ship owners and managers to ensure all personnel are familiar with the equipment they are expected to use and requires owners and managers to establish procedures to ensure that new personnel and personnel transferred to new assignments related to safety and protection of the environment are given proper familiarization with their duties. Port State Control inspectors have also been tasked to require masters and
deck watch-keeping officers to produce appropriate documentation that generic and type specific ECDIS familiarization has been undertaken. The ISM Code also requires verification of compliance with safety procedures, including safety of navigation. The Code's required audits provide one means of satisfying an owner's due diligence burden as well as avoiding Port State Control detentions. Internal auditors should be trained, however, to recognize deficiencies in electronic navigation equipment and assess compliance with navigation procedures. Several major shipowners also routinely conduct underway navigation proficiency evaluations. The maritime industry should consider a more widespread adoption of this practice.
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