Professional Documents
Culture Documents
s
D
i
s
c
h
a
r
g
e
B
o
o
k
D
i
s
p
e
n
s
a
t
i
o
n
M
i
n
i
m
u
m
S
a
f
e
M
a
n
n
i
n
g
D
o
c
u
m
e
n
t
Completed Application Form must be original, not copies
Letter of request
Specimen signatures
Certified copy of Certificate of Competency and STCW Endorsement, as may be
applicable from the issuing Administration
If held
1
Certified copy of STCW Nav. or E.R. Watch Rating Certificate; or MCA Yacht Rating
Certificate; or AB Certificate issued under ILO AB Convention; or UK Efficient Deck
Hand (EDH) Certificate.
If held
2
Certified copy of non-STCW Certificate (Yachtmaster, Coastal Skipper,
SMEOL, MEOL, AEC etc)
If held
Current Medical Fitness Certificate issued within last two years and valid for at least 3
months at the time of receipt of the application
3
Passport sized-photos (with applicants name on reverse side)
3
2
3
2
3
2
Record of Sea Service within last two years (copied from SDB or official document
CV or rsum not accepted); or letter of recommendation for a new entrant seafarer.
4
Certified Copy of Passport consisting of photograph and particulars of holder (include
signature page), valid for at least three months at the time of receipt of the application.
GMDSS Certificate and Endorsement by relevant maritime Administration (for
Master and Deck Officers only)
If held
Advanced Fire-fighting Certificate (not necessary if included in the Certificate of
Competency)
If held
STCW Basic Safety Training Certificates
Other certificates/endorsements that may be applicable (e.g. passenger ship training,
Medical proficiency)
Crew List including names, qualifications and capacities
General Arrangement plans
Safety plan(s) to include arrangement of life saving appliances and fire control plans
Other plans as requested by the Cayman Islands Shipping Registry
Contact details including e-mail address
5
Payment
1
Endorsement of watch rating certificate is not mandatory, but it will be issued if requested.
2
See Section 8
3
If application made for both, Endorsement and SDB, a total of three (3) photos is required.
4
May be required as may be found appropriate
5
For current Crew Compliance and Safe Manning Fees please visit our web site.
A n n e x
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 4 9
Annex II Crew Compliance and Safe Manning Fees
The level of Crew Compliance and Safe Manning Fees in accordance with the current Fees
Regulations can be found on the website www.cishipping.com. Fees are to be paid prior to
or at the time of submission.
The following is extracted from the Shipping Notice CISN 001/2009, which outlines fees
relative to Crew Compliance. However, as fees are subject to amendments please see our
website for updates.
1) Minimum Safe Manning Document (MSMD)
Initial assessment and issuance of the Document CI $ US $
For a vessel of less than 500 gross tonnage: 328.00 400.00
For a vessel of 500 gross tonnage or more: 492.00 600.00
For a sister ship or near sister ship of less than 500 gross tonnage: 164.00 200.00
For a sister ship or near sister ship of 500 gross tonnage or more: 246.00 300.00
To vary, re-issue and renewal of the Document CI $ US $
For a vessel of less than 500 gross tonnage: 164.00 200.00
For a vessel of 500 gross tonnage or more: 246.00 300.00
2) Endorsement or Licence recognising a CoC
Processing of application and issue CI $ US $
Endorsement and Licence: 246.00 300.00
3) Seamans Discharge Book
Processing of application and issue CI $ US $
Seamans Discharge Book 82.00 100.00
4) Verification and certification of sea service (upon request)
Processing of application and issue CI $ US $
Certification 41.00 50.00
5) Payment methods
We accept cheques, banker's drafts, cashier's cheques, and money orders (or similar financial
instruments); such a financial instrument shall be made payable to the Cayman Islands
Shipping Registry. More detailed information is available on our website.
A n n e x
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 5 1
Annex III Cayman Islands Shipping Legislation
CAYMAN ISLANDS SHIPPING LEGISLATION
Gazette
Reference
Maritime Authority of the Cayman Islands Law 2005 (Law 2 of 2005) G7/2005 s16
Merchant Shipping Law (2005 Revision) G17/2005 s1
Merchant Shipping (Amendment Bill) 2004 G25/2004 s2
Merchant Shipping (Amendment Law) 2004 GE 13/2005 s3
Merchant Shipping ( Carriage of Nautical Publications) Regulations, 2002 G5/2002 s2
Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel, etc.) (INF Code)
Regulations, 2003
G17/2003 s4
Merchant Shipping (Certification of Ships' Cooks) Regulations, 2004 G26/2004 s5
Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping)
Regulations (2004 Revision)
G16/2004 s6
Merchant Shipping (Classes of Ships) Regulations, 2002 G17/2002 s2
Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships)
Regulations, 2002
G17/2002 s3
Merchant Shipping (Crew Agreements, List of Crew and Discharge of Seamen)
Regulations 1992
Merchant Shipping (Entry into Dangerous Spaces) Regulations 2004 G26/2004 s1
Merchant Shipping (Fees) Regulations 2004 GE19/2005 s1
Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment)
Regulations 2004
G26/2004 s3
Merchant Shipping (Load Line) Regulations, 2002 G17/2002 s1
Merchant Shipping (Marine Pollution) Law, 2001 (Law 42 of 2001) G23/2002 s2
Merchant Shipping (Marine Pollution) Regulations, 2004 G2/2004 s12
Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful
Substances) Regulations, 2004
G2/2004 s14
Merchant Shipping (Means of Access) Regulations, 2004 G26/2004 s2
Merchant Shipping (Medical Examination) Regulations, 2002 G5/2002 s1
Merchant Shipping (Port State Control) Regulations, 2003 G9/2003 s11
Merchant Shipping (Prevention of Collisions and Use of Distress Signals) Regulations, 2003 G9/2003 s10
Merchant Shipping (Registration of Ships) Regulations, 2002 GE23/2002 s1
Merchant Shipping (Returns of Births and Deaths) Regulations 2004 G26/2004 s4
Merchant Shipping (Safety of Navigation) Regulations, 2004 G2/2004 s13
Merchant Shipping (Tonnage) Regulations, 2002 GE23/2002 s2
Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002 G5/2002 s3
A n n e x
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 5 3
Annex IV Crew Agreement (Sample)
The following Crew Agreement is provided as an example only without prejudice. As with any
legal agreement you should discuss with your legal counsel prior to entering into an agreement.
CREW AGREEMENT FOR THE MOTOR YACHT [insert name of]
Official Number or IMO Number: [ON or IMO number]
Opened on [date] at the Port of [ ]
THIS AGREEMENT is made between [(insert name and address of employer)],
(hereinafter called 'the Company') and each of the seafarers (hereinafter referred to as the
seafarer) whose name and signature are included in the list of crew (hereinafter called the
Crew List) incorporated in and forming part of this Agreement.
IT IS AGREED THAT:
1. Employment and Wages:
The Company will employ the seafarer and the seafarer will serve in the capacity and at the
rate of wages expressed against his name in the Crew List in accordance with the terms
and conditions contained in this Agreement.
2. Geographical Limits and Period of the Agreement:
This Agreement shall-
a) be for a voyage or voyages within an unlimited geographical area;
b) subject to paragraph (c), remain in force for a period of up to twelve months from the
date of the first signature to the Agreement unless replaced by a new Agreement
prior to the expiry of this period;
c) where the yacht is at sea on the expiry of the period referred to in subparagraph (b)
the Agreement will continue in force until arrival at the next port;
3. Notice of Termination with respect to a seafarer:
After the seafarer has, under this Agreement, been employed for a minimum of seven
days or has completed one voyage, whichever is the [shorter/longer], either the Company
or the seafarer may give to the other not less than [ ]days notice to terminate the
employment of the seafarer, and the notice shall take effect, in accordance with the
following provisions-
a) the notice shall be given in writing and signed by the person giving the notice, or
given orally in the presence of a witness;
M a n n i n g P o l i c y M a n u a l
54 | P a g e J u n e 2 0 0 9 M P M R e v . 0 8
b) the period of notice shall be exclusive of Saturdays, Sundays and Public Holidays;
c) the notice shall take effect;
(i) at the next port of call following the expiry of the period of the notice where
such expiry occurs whilst the yacht is at sea; or
(ii) at the port in which the notice is given providing the yacht remains in that port
for a period equal to or longer than the period of notice,
unless agreed otherwise in writing by mutual consent of the Company and the seafarer.
4. Other Grounds for Termination:
In relation to an individual seafarer this Agreement may be terminated, other than under
the provisions of Section 3, under the following circumstances:-
(a) if medical evidence indicates that the seafarer is incapable of continuing to
perform his duties by reason of illness or injury;
(b) if the seafarer is absent without leave at a time for sailing except where such
absence is beyond the seafarers control or could not reasonably have been
prevented.
(c) if in the opinion of the master the conduct of the seafarer is such that his
continued employment in the yacht would be likely to endanger the vessel or
any person on board subject to any applicable provisions of the Code of
Conduct for the Merchant Navy referred to in Section 17.
5. Release of a Seafarer from the Agreement in furtherance of career:
5.1 It is agreed that where a seafarer employed under this Agreement can show, to the
satisfaction of the Captain-
(a) that the seafarer has the opportunity to obtain an appointment to another
vessel in a position higher than that held under this Agreement; or
(b) other circumstances have arisen which render it essential, in the interest of
the seafarer, that he should be permitted to terminate his employment under
this Agreement,
then the seafarer may be permitted to terminate his employment accordingly,
subject to the conditions contained in clause 5.2 below and the seafarers wages
and other allowances as applicable shall be paid up to and including the date of
termination.
5.2 Where the seafarer is permitted to terminate his employment in accordance with
this section-
(a) the port at which termination takes effect shall be as agreed by the Company
or the Captain acting as agent for the Company, bearing in mind the
operational requirements of the yacht;
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 55
(b) the seafarer shall be responsible for finding a suitable replacement to the
satisfaction of the Company or the Captain; and
(c) no additional expense shall be incurred by the Company,
unless otherwise agreed in writing by the Company.
6. General requirements with respect to a Seafarers Employment:
The seafarer will be required to-
(a) undertake the tasks set out in any relevant job description and carry out such
additional or alternative tasks as may from time to time reasonably be required of
him;
(b) be aware that he is at all times a representative of the Company and therefore to
behave, whether or not on duty, to an exemplary standard;
(c) maintain at his own expense any and all professional qualifications required for the
capacity in which engaged under this Agreement;
(d) be in possession of a valid medical fitness certificate upon entering into this
Agreement; the cost of renewing the medical certificate during the period of the
seafarers employment under this Agreement will be borne by the Company.
7. Probationary Period:
7.1 The first [ ] months of the seafarers first period of employment with the
Company will be on a trial basis and either the seafarer or the Company may
terminate the seafarers employment at any time during this period by giving [
] days notice in accordance with the following provisions-
(a) a notice given by the seafarer may be given in writing and signed by the person
giving the notice, or may be given orally in the presence of a witness;
(b) when given by the Company the notice will in all cases be in writing and shall
specify the reasons for terminating the seafarers employment;
(c) the period of notice shall be exclusive of Saturdays, Sundays and Public
Holidays;
(d) the notice shall take effect;
i. at the next port of call following the expiry of the period of the notice where
such expiry occurs whilst the yacht is at sea; or
ii. at the port in which the notice is given providing the yacht remains in that
port for a period equal to or longer than the period of notice,
unless agreed otherwise by mutual consent of the Company and the seafarer.
7.2 Where the seafarers employment is terminated in accordance with this section by
the Company, the seafarer shall be entitled to be repatriated in accordance with the
provisions of Section 13.
M a n n i n g P o l i c y M a n u a l
56 | P a g e J u n e 2 0 0 9 M P M R e v . 0 8
8. Remuneration:
8.1 The seafarer shall be paid monthly in arrears, at the rate agreed under Section 1 of
the Agreement (as may be modified by this Section), on the last day of each month
by direct credit transfer to a bank account, the details of which shall have been
provided to the Company by the seafarer.
8.2 Subject to clause 8.3, the rate of pay for the seafarer is subject to review from time
to time by the Company and any resulting changes will be effective from the date
specified by the Company.
8.3 Where the Company proposes to reduce the seafarers rate of pay the Company
shall advise the seafarer in writing, stating the reasons for the reduction, and giving
a period of notice of the proposed reduction at least equal to the notice required
under Section 3.
8.4 Except where any relevant statute provides to the contrary, the seafarer accepts
and acknowledges that the Company, or owner or managing agent of the ship
(yacht), is not responsible for any taxes, national insurance contributions or similar
payments payable by or in respect of the seafarer and the responsibility for the
payment of all such taxes, contributions or payments rests with the seafarer.
9. Working Hours and Shore leave:
9.1 The seafarer shall be required to work for [ ] days per week, and to work such
daily hours as are reasonably required to properly fulfil his duties of employment as
provided for pursuant to this Agreement and in accordance with the Merchant
Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping)
Regulations (2004 Revision).
9.2 The Company shall comply with any codes of practice or other regulations which
may from time to time apply in relation to the ship and the seafarers employment
therein.
9.3 Shore leave may, at the entire discretion of the Captain, be permitted whilst the
ship is in port, subject to any applicable local laws or requirements of the port in
which the ship is berthed, and subject to the exigencies of the service and safety of
the vessel.
10. Holiday Entitlement and Pay:
10.1 The seafarer will be entitled to [days, weeks, months] holiday, [calendar days],
inclusive of any applicable public holidays, for each calendar year of service under
the Agreement and for the purposes of this Section a week shall be the seven day
period from Monday to Sunday inclusive.
10.2 Holidays earned shall be paid for at the normal basic rate applicable to the seafarer
as agreed under Section 1 of the Agreement, as may be modified under Section 8.
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 57
10.3 Subject to clause 10.4, all holidays taken by the seafarer during the term of the
Agreement shall be taken as may be convenient to the Company and the seafarer
shall give not less that one months written notice of his proposed holiday dates to
the Captain; provided that the Company reserves the right, upon receipt of the
seafarers notice of his proposed holiday dates, to refuse the seafarer permission to
take holidays on those dates and in such event the Company shall give written
notice to the seafarer of such refusal at least two weeks prior to the proposed
commencement of the period of holidays requested by the seafarer.
10.4 Holidays taken during the term of the Agreement shall commence and end so as to
coincide with dates when the vessel is in port under its normal operational schedule,
as far as possible.
10.5 The seafarer shall not, without the prior written agreement of the Company, take
more than ten consecutive working days as a holiday period at any one time.
10.6 Subject to clause 10.7, the seafarer shall make very effort to take his full holiday
entitlement within the year in which it is earned.
10.7 Except where the seafarer has been prevented by the Company or by the
exigencies of the service of the ship, from taking his full holiday entitlement during
any given year, the seafarer shall not, without the prior written agreement of the
Company, be entitled to carry forward any unused holiday into a second or
subsequent year.
10.8 The Company reserves the right to require the seafarer to take any unused holiday
during the period of notice of termination under Sections 3 or 4 where this is
practicable and subject to the Company giving to the seafarer as much written
notice as possible of such a requirement.
10.9 Where a seafarer is employed for a period less than, or in excess of, 12 months his
basic holiday entitlement will be pro-rated and upon termination of employment the
seafarer shall be entitled to pay in lieu, calculated in accordance with clause 10.11,
for any outstanding holiday entitlement due to him, subject to the application of
clause 10.8.
10.10 The seafarer may, with the prior written agreement of the Company, take a holiday
period in excess of that which he had earned up to the time of taking the holiday,
and such excess shall be deducted from future holiday entitlement earned and
where the seafarers employment is terminated and at the time of the termination the
seafarer has taken holidays in excess of his entitlement, the seafarer shall repay to
the Company the number of days pay equal to the outstanding excess days holiday.
10.11 For the purposes of calculating payment in lieu of holidays due to or for excess
holidays taken by the seafarer, one days holiday pay shall be calculated by
multiplying the seafarers monthly basic rate of wages as agreed under clause 1 of
M a n n i n g P o l i c y M a n u a l
58 | P a g e J u n e 2 0 0 9 M P M R e v . 0 8
the Agreement (as may be modified by clause 8.2) by 12 and dividing the result by
52 multiplied by the number of days in each week the seafarer is normally required,
in accordance with clause 9.1, to work, as indicated below:
N
BMR
52
12
Where: BMR = Applicable Basic Monthly Rate; and
N = Number of days normally required to work in each week.
10.12 With respect to the seafarers annual leave entitlement pursuant to this clause, the
seafarer shall be entitled to a maximum of one passage per annum, by air at
economy class where appropriate, from the country or the port in which the ship is at
the commencement of such leave to the location provided for pursuant to regulation
6 of the Merchant Shipping (Repatriation) Regulations 1979 or to such other place
as may be mutually agreed between the Company and the seafarer, such passage
to include ground transportation between ship and airport and between airport and
final destination.
11. Seafarers Entitlement to Expenses, Food and Accommodation:
11.1 The seafarer will be reimbursed for all reasonable out of pocket expenses wholly,
exclusively and necessarily incurred on the Companys business in the
performance of his duties under this Agreement provided that such expenses will,
wherever possible, be agreed in advance with the Captain. Expenses will include
those incurred with respect to entertainment and travelling subject and in all cases
reimbursement will be subject to the seafarer producing appropriate vouchers or
other acceptable evidence in support of expense claims.
11.2 The seafarer will be entitled, whilst on board the ship or employed under this
Agreement, to food and potable water provided at the expense of the Company,
other than when the seafarer is on paid holidays.
11.3 The seafarer is entitled to suitable accommodation and sleeping quarters on board
the ship and where for any reason shipboard accommodation is unavailable or
unusable (such as when the ship is undergoing repairs or refurbishment) the
Company will make alternative suitable accommodation of at least equivalent
standard available.
12. Medical and Other Insurance Benefits and Sick Pay:
12.1 Subject to clause 12.2, the seafarer shall be entitled to membership of the medical
expenses insurance scheme provided by the Company for the benefit of the
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 59
seafarers on the ship, details of which shall be provided to the seafarer and such
scheme shall provide at least a level of medical, dental and optical care as
provided for in Cayman Islands Law or applicable international Conventions and
related instruments.
12.2 Where the seafarer requires additional benefits over and above those provided for
under the Company scheme, then such additional benefits shall be arranged by
the seafarer and cost of them shall be for the seafarers account.
12.3 Membership of the Company medical expenses insurance scheme is subject to
the rules for the time being in force with respect to the scheme and to any related
insurance policy, the details of which shall be provided to the seafarer by the
Company.
12.4 The Company shall take out insurance to provide a basic level of cover in respect
of the personal belongings of the seafarer and details of such insurance cover shall
be made available to the seafarer and where the seafarer requires additional cover
over and above that provided by the Company insurance, then such additional
cover shall be arranged by the seafarer and the cost of it shall be for the seafarers
account and in no circumstances will the Company be liable for any loss or
damage to the seafarers personal effects beyond the level provided for under the
Companys insurance cover with respect to such loss or damage howsoever
caused.
12.5 Payment in respect of absence through sickness or injury is limited to any payment
which the Company is required to make by statute, or which is payable under any
applicable insurance policy taken out by the Company, including any medical
expenses insurance policy which the Company has put in place under clause 12.1.
13. Repatriation following termination
13.1 Where the employment of the seafarer is terminated by the Company the seafarer
will be entitled to overland travel, or the cost of flights (at economy class) from the
airport nearest to the port at which the seafarers employment is terminated to the
location provided for pursuant to regulation 6 of the Merchant Shipping
(Repatriation) Regulations 1979.
13.2 In the event that the employment of a seafarer is terminated by the Company due
to the default of the seafarer the Company may deduct, in accordance with
regulations 5(c) and 5(d) of the Merchant Shipping (Seamens Wages and
Accounts) Regulations 1972 (as amended) from any sums due to the seafarer
such contribution to the cost of repatriation, provided pursuant to paragraph (a)
above, as is permitted by regulation 6 of the Merchant Shipping (Seamens Wages
and Accounts) Regulations 1972 (as amended).
M a n n i n g P o l i c y M a n u a l
60 | P a g e J u n e 2 0 0 9 M P M R e v . 0 8
13.3 Where the Agreement is terminated under Section 14, the Company shall bear the
cost of the repatriation of the seafarer in accordance with clause 13.1
14. Seafarers Loss of Employment through sale, change of Flag or Loss of Vessel:
14.1 Where, during the term of the Agreement, the vessel is sold or transfers its
registration to another State and the seafarer is not offered continuation of
employment following the change, the Company may terminate the Agreement in
accordance with clause 3, subject to the provisions contained in clause 14.3.
14.2 Where, during the term of the Agreement, the vessel is wrecked or lost and as a
result the seafarers employment on board is terminated then the Company may
terminate the Agreement in accordance with clause 3, subject to the provisions
contained in clause 14.3.
14.3 Where the Agreement is terminated under clause 14.2 or 14.3, the Company shall
continue to pay to the seafarer his basic pay applicable at the time of the
termination of the Agreement for a period of up to two months beyond that date but
where the seafarer is offered suitable employment at a similar level to that under
the Agreement but unreasonably refuses or fails to take up the employment, then
the Companys liability for the continued payment of the seafarers basic pay shall
cease from the date of such refusal or failure.
15. Confidentiality and Protection of Companys Intellectual and other Property:
15.1 The seafarer acknowledges that all correspondence, customer lists and records,
drawings, documents, products or work products developed by him in the course
of his employment with the Company and any other materials owned by the
Company or used by it in connection with the conduct of its business shall at all
times remain the sole property of the Company.
15.2 The seafarer acknowledges that he may not, either during his period of
employment under the Agreement or after its termination, use or disclose to any
person or entity any information of a confidential nature relating to the Company or
to its business or trade secrets including, without limiting the generality of the
above, information relating to-
(a) Financial and commercial matters or operations;
(b) sales and marketing and trade secrets,
(c) methods of business dealing including pricing policies;
(d) business plans;
(e) unpublished financial matters of all kinds;
(f) customer lists;
(g) details of supply contracts;
(h) market research;
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 61
(i) technical matters (for example information about computer software);
(j) agents, owners and guests who have been on or who are board the ship,
other than in the normal course of business or when legally compelled to do so.
For the avoidance of doubt this clause shall not apply to information that is
legitimately in the public domain.
15.3 Upon termination of the employment of the seafarer with the Company for
whatever reason the seafarer shall forthwith return to the Company all
correspondence, customer lists, drawings, documents and other papers, magnetic
discs, tapes or other software storage media and all other property belonging to
the Company which may be in his possession or under his control, including any
copies thereof, and no such material or copies thereof shall be retained by the
seafarer without the written consent of the Company. If so requested by the
Company the seafarer will sign a statement confirming that he has complied with
this requirement.
15.4 Any unauthorised disclosure by the seafarer to a third party of any confidential
information of whatever nature in breach of this Agreement will render that seafarer
liable to civil proceedings, including restraining orders and liability for damages.
The seafarer will also be liable to instant dismissal.
16. Grievance Procedures:
16.1 Where the seafarer feels aggrieved with respect to any issues relating to his
employment under this Agreement, including on-board living and working
conditions, the following procedures apply-
(a) subject to paragraph (b) the seafarer should, in the first instance, report his
grievances to the Captain;
(b) where the grievances relate to or involve the Captain and the seafarer feels
he may not receive a fair hearing because of this, then the seafarer may
raise his grievances with the [ ] (hereafter referred to as [ ];
(c) When presenting grievances to the [ ] under paragraph (b) the seafarer
shall advise the Captain of his intention to make a complaint to the [
] and of the nature of the grievance]
(d) if after hearing the grievances, the response of the Captain or the [
], as the case may be, is not acceptable to the seafarer then the seafarer
may refer the matter, in writing, to-
(i) where response is from the Captain; or
(ii) . where response is from, or
(iii) where response is from, and the ruling of the .. on the
issue shall be final.
M a n n i n g P o l i c y M a n u a l
62 | P a g e J u n e 2 0 0 9 M P M R e v . 0 8
(iv) the seafarer may present his grievances to the Captain or the [, ] in
the first instance, either orally or in writing and when grievances are
being orally presented the seafarer may be accompanied by a
fellow seafarer of his choice during such presentation.
16.2 A record detailing the nature of any grievance raised, the response from the
Company [Captain, Yacht Manager or Chief Operations Officer, etc.], any action
taken and the reasons for such actions shall be kept on the seafarers file.
16.3 In dealing with a seafarers grievances, and subject to the seafarers statutory
rights, information held on file regarding a grievance may be withheld by the
Company where the Company considers this to be necessary (for example to
preserve confidentiality with respect to information obtained by the Company
during the course of investigating a grievance).
17. Disciplinary Procedure:
All disciplinary matters will be dealt with in accordance with the Code of Conduct for the
Merchant Navy, a copy of which is readily available to the seafarer on board the vessel,
or which may be obtained from the Yacht Managers office.
18. Outside Work, Conflicts of interest, Gratuities and Commission:
18.1 The seafarer, during the term of this Agreement, undertakes to devote all his
working time and energies exclusively to the Company and shall not, without the
Companys prior written consent, undertake any paid employment with any other
Company or other business venture, either directly or indirectly.
18.2 Each seafarer-
(a) acknowledges that he is or may be aware of the existence of contracts and
business arrangements between the owner and third parties;
(b) agrees that he will, at all times, preserve strict confidentiality with respect to
those contracts and business arrangements and will not in any way interfere
with them;
(c) shall not seek to make any unauthorised personal profit or gain as a result of
his knowledge of such contracts or business arrangements or from his
position on board the vessel;
(d) acknowledges that he may be liable to prosecution for any breaches of this
clause, including the recovery of any loss suffered by the Company, the
owner or any other party, resulting from such breaches.
18.3 any gratuities directly or indirectly received from charter guests and/or owner are to
be declared to the Captain, and shall be shared amongst the seafarers in a fair and
equitable manner, to be determined by the Captain in his sole discretion.
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 63
18.4 any commissions (whether monetary or other gifts) received directly or indirectly by
a seafarer in relation to his employment under this Agreement shall be declared to
the Captain and the owner of the ship shall be entitled to any such commission.
19. Drugs, Alcohol and Medication:
19.1 The seafarer shall at no time be under the influence of alcohol whilst on duty.
19.2 When the vessel is underway or at anchor, no alcohol is to be consumed without
the express permission of the Captain having been obtained but this does not
relieve the seafarer of his obligation under clause 19.1.
19.3 Whilst the ship is alongside in harbour and the seafarer is off duty he may
consume moderate quantities of alcohol, but shall not consume such quantities of
alcohol so as to endanger the ship or the people on board the ship or so as to be
under the influence of alcohol when next he is due to be on duty.
19.4 The seafarer shall at no time be under the influence of illegal drugs of any
description whilst employed by the Company.
19.5 The seafarer shall, at the request of either the Company or the managing agents,
be required to undergo random drug and alcohol tests to ensure compliance with
the clauses in this section, and a failure to submit to a test shall constitute grounds
for summary dismissal.
19.6 Prior to signing this Agreement it is the responsibility of the seafarer to inform the
Company (including the Captain) of any pre-existing medical condition and of all
medication that he is taking, or may be required to take, during the term of the
Agreement, and the Company reserves the right to refuse to employ the seafarer
where, in the reasonable opinion of the Company, the medical condition or the
consumption of the medication required for it, may adversely affect the
performance of the seafarers duties to the extent that the ship or the persons on
board are endangered.
19.7 Where the seafarer is engaged after he has declared a known medical condition
and the medication being taken for that condition and during the term of the
Agreement it becomes apparent, in the reasonable opinion of the Company, that
such medical condition or the taking of the medication in relation to it, is adversely
affecting the seafarers ability to perform his duties to the extent that it may
endanger the ship or the persons on board, then the Company reserves the right
to terminate the employment of the seafarer.
20. Warranty as to Authority
Each party to this Agreement warrants that they have obtained all requisite authority and
permissions to enter into this Agreement.
M a n n i n g P o l i c y M a n u a l
64 | P a g e J u n e 2 0 0 9 M P M R e v . 0 8
SIGNED on behalf of the Company: SIGNED by the Seafarer:;
<<<<<<<<<<<<<<<<<<<.
(Signature on behalf of the Company)
Name: ..
As signed and dated in the Crew
List (updated as necessary) attached
to this Agreement.
In the presence of:
<<<<<<<<<<<<<<<
Witness
(Signature of Witness)
Name:
Date: <<<<<<<<<<
Place: <<<<<<<<<
Co
mp
an
y
Off
ici
al
Sta
mp
A n n e x V
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 6 5
Annex V High powered yachts of less than 500 GT
The Cayman Islands Shipping Registry always strives to achieve a better and modern
approach to management and operation on board CI yachts. To that aim, CISR continually
reviews its policies for appropriateness and effectiveness, coupled with relevant factors
from the yachting industry when appropriate. In this scope CISR has reexamined its policy
in respect of manning on yachts of less than 500 GT, and particularly on those with the total
propulsion power of 3000 kW or more, operating commercially and privately in a coastal
area.
Consideration
1. As it stands, management companies are confronted with difficulties to attract
engineers holding a certificate of competence appropriate to the total propulsion
power on relatively small yachts with high powered engines. This has in turn
resulted in an increased number of applications for a dispensation to be granted to a
prospective candidate to accumulate sufficient sea service in order to meet
requirements to gain a higher qualification appropriate to installed propulsive
power.
2. Increased reliability, availability and the ease of handling of modern engines and
other technical systems on board, together with sufficient back up arrangements
and preventive maintenance arrangements ashore, should significantly reduce the
risk of failures occurring at sea. On board smaller and modern yachts operating in a
coastal area, provided with aforementioned shore support, much of the traditional
chief engineers functions can or need no longer be carried out on board. The
remaining tasks are small, less complex and do not cover a full work day.
3. With this in mind and in close consultation with the large yacht industry this
matter has been thoroughly discussed and examined. As a consequence of this
process the Cayman Islands Shipping Registry will, when determining manning
scale for commercially operated motor and sailing yachts, as described below, take
into account propulsive power of a single engine, when the yacht is fitted with two
engines, or the highest powered single engine when the yacht is fitted with more
than two engines.
4. This Administration is of the opinion that the policy described in this Annex, in
combination with structured shore based support, will assist owners/managing
companies/captains to meet the requirements of Section 26 of the LY2 Code while
ensuring a level of safety equivalent to policies presently in place.
5. It is also expected that conditions of this policy will help further promote safety
awareness within the large yacht industry, both on board CI yachts and the
management ashore.
6. As being a new manning configuration, the experiences of the yachts involved will
be monitored and evaluated.
M a n n i n g P o l i c y M a n u a l
66 | P a g e J u n e 2 0 0 9 M P M R e v . 0 8
Conditions
Operators wishing to apply for a Safe Manning Document, to be issued in accordance with
provisions of this Annex, shall do so in writing and assure that the following conditions are
met:-
1. General requirements and application
a. The yacht is less than 500 GT;
b. The yacht is less than 10 years of age;
c. The yacht is commercially registered;
d. The yacht, when in commercial use, is limited to area of operation of less than 60
M of a safe haven;
2. Technical requirements
a. all certificates, as applicable, are issued and maintained valid;
b. if UMS class notation is not maintained, the yacht shall fulfill the following
criteria:
- it has full bridge control of main engine maneuvering;
- it is fitted with high level bilge alarms in the machinery space;
- the engine room alarm system, including the fire alarm, is relayed to the
accommodation and/or the bridge;
c. Engines are under warranty and/or a contract with an authorised engine
manufacturers technician, or similar document to this effect is in place.
3. Organisational/operational requirements
a. The information on board describing routine technical procedures and routine
maintenance tasks (user's manual) is easily accessible, and engineers are fully
conversant with content;
b. All engineers and personnel with dual deck/engineering role shall have attended
an approved engine manufacturers course appropriate to the engine type and
power range;
c. The yacht and her crew are fully compliant with requirements of Annex 2 of the
LY2 Code.
This section will not be automatically applicable when application for a Minimum Safe
Manning Document has been made; but, as stated above, the request shall be made in
writing.
It should be further noted that additional fees based on hourly rate may be applicable when
considering manning levels in accordance with this Section.
M P M R e v . 0 8 J u n e 2 0 0 9 P a g e | 6 7
Head Ofce - Grand Cayman
PO Box 2256
2nd Floor, Strathvale House
90 North Church Street
Grand Cayman KY1-1107
CAYMAN ISLANDS
Tel: +1 345 949 8831
Fax: +1 345 949 8849
General enquiries: cisrky@cishipping.com
Crew compliance enquiries: crew.compliance@cishipping.com
Survey enquiries: survey@cishipping.com
European Regional Ofce -
United Kingdom
1st Floor, Vanbrugh House
Grange Drive, Hedge End
Southampton, SO30 2AF, England
UNITED KINGDOM
Tel: +44 (0) 1489 799 203
Fax: +44 (0) 1489 799 204
A Division of
cishipping.com