Greetings Visitor.

President’s Corner

Dear NAMSGlobal, Well, I sit here writing winging across the Gulf of Mexico heading to Rio de Janeiro and points south for two weeks of marine development work. It has been 5 days since the conference completed and two days since leaving San Diego. I want to thank the Co- Chairs (Lee Frain and Jonathan Ide) as well as NAMSGlobal National VP, Greg Gant and his wife Reggie for another spectacular conference. Lee and Jonathan, I believe would agree that the assistance of those two and all others who assisted made this into a great conference. Thanks also to the amazing speakers and all those who brought them in.

Being only human, I was not able to attend all of the speakers but the ones I attended were fantastic. The combination of the location, the attendees, the speakers all made for a great conference. The conference started with the Board of Directors meeting on Sunday. There were 14 members of the Board Directors present with two proxies. Please see the minutes for full details. There were also 17 CMS or other members present. I encourage all members to come to the BOD meetings to stay abreast of developments and current business. The next BOD meeting will be in New Orleans, tentative dates are October 25-26, 2013. There will also be an East Gulf Regional meeting, so another great opportunity to earn CE credits. Thanks to Conrad Breit and the East Gulf for volunteering to sponsor this event.

We also had the IAMWS BOD meeting on Tuesday at 6am. There was a telephonic quorum and many members of NAMSGlobal were present. The ongoing development of the IAMWS group was discussed and many items were brought to vote. Full details of both BOD’s meetings will be forwarded upon transcription. Any questions please let me know.

We had a typically active member’s meeting on Tuesday morning with a lot of questions and discussion centered on the IAMWS CMWS initiative. I believe the majority of questions were answered during the meeting but if there are any remaining, please let me know. The initiative will take NAMSGlobal forward into the 21st Century. As I pointed out in the meeting, the NAMSGlobal membership has been in decline for the past ten or more years and this initiative will bring in over 800 new well qualified members in the next two years. We as the BOD understand that this is a very big change and that all change comes with a certain bit of trepidation. The bottom line is that an organization has to either grow or die. As we discussed at the members’ meeting, while IAMWS is a part of NAMSGlobal, they will not be stepping in to take over NAMSGlobal. They are keen to use the process we have developed in the past 50 years for Certification and Qualification and their clients are eager to have a level of comfort with their knowledge.

I would also like to thank our two sponsors, Salvage Sale and Water Witch. It is of great benefit to NAMSGlobal to have these supporters.

Mark your calendar for the Members meeting and conference next year. Greg Gant and his team are looking at North East possibilities in March or April 2014. More details to follow in short order.

Doug Devoy and I will be travelling to London in April to meet with Underwriters on the IAMWS initiative. On my way, I am stopping in Tampa for a Regional meeting hosted by the South Atlantic Region (Dick Learned). The meeting date is April 20, 2013. If you are nearby, please take the time to attend. I look forward to meeting with you all.

Keep your attention into the NAMSGlobal E-News for updates on the Fishing Vessels Initiatives (Coast Guard action delayed until October 2014) as we have certified the first members there. Tug and Barge initiatives are in development.

As always, your Board of Directors stands ready to answer any and all questions. Please do not hesitate to contact me or any of the Board of Directors.

Keep your sails trimmed taut until then,

Steven P. Weiss, NAMS-CMS

Editor’s Message

The news articles and current events you send in make the NAMSGlobal E-News interesting to readers in all disciplines of marine survey: Please send new material to [email protected].

Thanks, and best regards to all.

Greg Weeter, Editor

NAMS Applicants, New Members, Changes in Status, and committee Assignments

New Applicants
Name Status & Discipline Applying For Region Sponsor(s)
Randal H. Carmichael NAMS-CMS / H&M G Lakes Wade McGrady
Lawrence Goodson NAMS-CMS / Y&SC N Pacific States Joseph Derie
Felix F. Holder NAMS-CMS / Cargo W Gulf Uwe Jaeckel
Michael Kwan IAMWS-CMWS / Marine Warranty W Gulf Steve Weiss
Azman Salleh IAMWS-CMWS / Marine Warranty W Gulf Doug Devoy
Jonathan P. Warren IAMWS-CMWS / Marine Warranty W Gulf Doug Devoy

New Members Elected 3 March 2013

Certified Members
Name Discipline Region Sponsor(s)
Peter Baggaley, IAMWS-CMWS Marine Warranty W Gulf Steve Weiss
David Ballands, IAMWS-CMWS Marine Warranty W Gulf Steve Weiss
Michael Chan, IAMWS-CMWS Marine Warranty W Gulf Steve Weiss
Jeffrey L. Cook, NAMS-CMS Cargo E Gulf David Pereira
Shaik Esmail, IAMWS-CMWS Marine Warranty E Gulf Doug Devoy
Leo J. Falgout, Jr., NAMS-CMS H&M E Gulf Childs Dunbar
Brian Happ, IAMWS-CMWS Marine Warranty W Gulf Doug Devoy
Warren W. Hilton, Jr., IAMWS-CMWS Marine Warranty W Gulf Doug Devoy
Frances Lobo, IAMWS-CMWS Marine Warranty W Gulf Doug Devoy
William Melbostad, NAMS-CMS Y&SC C Pacific States Lorne Gould
James Miller, IAMWS-CMWS Marine Warranty W Gulf Steve Weiss
Mohamed Mostafa, IAMWS-CMWS Marine Warranty W Gulf Doug Devoy
Wade R. Olsen, Jr., NAMS-CMS H&M E Gulf Conrad Breit
Michael Pithie, IAMWS-CMWS Marine Warranty W Gulf Steve Weiss
John Quarrington, IAMWS-CMWS Marine Warranty W Gulf Steve Weiss
James Vavasour, IAMWS-CMWS Marine Warranty W Gulf Doug Devoy
Tim Vincent, NAMS-CMS FV N Pacific States Dick Frenzel
Neil Walker, IAMWS-CMWS Marine Warranty W Gulf Steve Weiss


Associate Members
Name Discipline Region Sponsor(s)
Trevor Salmon, NAMS-Associate Y&SC W Canada Timothy McGiveny, Christopher Small, Ian Hopkinson


Apprentice Members
Name Discipline Region Sponsor(s)
Joseph Darlak, NAMS-Apprentice Y&SC S Pacific States George LeBaron

Members Change In Status

Return To Active
Name & Current Status Change To Region
Uwe Jaeckel, Inactive NAMS-CMS S Pacific States


Name & Current Status Change To Region
Bob Adriance, NAMS-Affiliate Retired C Atlantic
John P. Colletti Retired W Rivers
William Engstrom, NAMS-CMS Retired C Atlantic
Charles Hazelwood, NAMS-CMS Retired W Rivers
Marvin Henderson, NAMS-CMS Retired S Pacific States
Michael Kaufman, NAMS-CMS Retired-Life Member (as approved by the BoD) C Atlantic
David J. Knowles, NAMS-CMS Retired E Gulf
Paul Larson, NAMS-CMS Retired S Pacific States
Kelley Pulsifer, NAMS-CMS Retired S Atlantic
William J. Reynolds NAMS-CMS Retired C Atlantic
Jack Robertson, NAMS-CMS Retired N York
Alan F. Spear, NAMS-CMS Retired G Lakes
Ghulam Suhrawardi, NAMS-CMS Retired N York
Manmohan “Mike” Talwar, NAMS-CMS Retired E Canada
Robert Viel, NAMS-CMS Retired C Pacific States


Resigned or Inactive
Name & Current Status Change To Region
Earle Brown, NAMS-Associate Resigned N England
Hans Chien, NAMS-CMS Resigned International
George Craciun, NAMS-CMS Resigned C Atlantic
Chander Gorowara, NAMS-CMS Resigned E Gulf
Dennis Guthrie, NAMS-Associate Resigned S Atlantic
Robert Hale, NAMS-CMS Inactive E Gulf
David Hamaker, NAMS-CMS Inactive N Pacific States
David L. Horman, NAMS-CMS Inactive E Gulf
Stan Janak, NAMS-CMS Resigned W Gulf
Rudy Jukema, NAMS-Apprentice Resigned W Gulf
Donn Kaylor, NAMS-CMS Inactive S Pacific States
Thomas Laskey, NAMS-CMS Inactive S Atlantic
David London, NAMS-Associate Resigned S Pacific States
John McKenna, NAMS-CMS Resigned N York
Philip Peterson, NAMS-CMS Inactive G Lakes
William Provis, NAMS-CMS Inactive E Canada
Saira Suhrawardi, NAMS-Associate Resigned N York
Charles Wiley, NAMS-CMS Inactive C Atlantic

Crossed The Bar

Sunset and evening star, And one clear call for me!And may there be no moaning of the bar, When I put out to sea,But such a tide as moving seems asleep, Too full for sound and foam,


When that which drew from out the boundless deep Turns again home.

Twilight and evening bell, And after that the dark!

And may there be no sadness of farewell, When I embark;

For though from out our bourne of Time and Place The flood may bear me far,

I hope to see my Pilot face to face When I have crossed the bar.


Captain Anthony N. Tillett. NAMS-CMS Retired, & Master Mariner Captain Tillett passed on March 9, 2013, at 86 years old San Diego, California. He is survived by his wife of 42 years, Doris Tillett, two children, David and Janet (Tamara), and his sister, Janet Parker, in Wales, U.K. Born in Darby, England. Capt. Tillett joined the British Royal Navy at the age of 14. From then on, he enjoyed a life on or about the Sea. He fought bravely in World War II. During the War, he was captured by the Japanese and spent two years as a prisoner of war. After the War, he was a Captain for National Bulk Carriers. In the 1950s, he was instrumental in beginning the salt mine operations in Guerrero Negro, Baja California, Mexico. In the late 1960s, he moved to San Diego and started A.N. Tillett & Associates, a worldwide marine surveying company. Joined NAMS in 1976, retired in 2010.  During his career, Capt. Tillett supported a variety of industries, but held a special affinity for people involved in the tuna industry. In 1971, he married, Doris and started a family having two children, David and Janet. He was always quick to help a friend and was generous with his time and resources. While Capt. Tillett was a dual citizen of the U.S. and the U.K, he was most at home at Sea, which he often referred to as his “Church.” He was a kind and proud man who lived life to the fullest.

Upcoming Educational Events

ABYC 2013 Course Calendar

For the latest information on ABYC’s 2013 educational programs, please go to the ABYC home page by clicking here and look under Events in the right sidebar. Be advised it opens a new window in your browser. Simply close it to return here.

ABYC conducts many educational programs including, but not limited to, Marine Electrical Systems, Corrosion Surveys, Diesel Engines & Support Systems, Air Conditioning & Refrigeration, and ABYC Standards.

If you have questions regarding registration for the ABYC courses please contact Cris Gardner or Sandy Brown at 410.990.4460.

AIMU Online Education

There are new additions to AIMU’s online Web Lecture Center, which now offers fourteen webinars. The online Web Lecture Center can be accessed through the AIMU website under the ‘Education’ tab or directly at Additional recordings will be added continually and will particularly benefit those who prefer viewing the lectures at their convenience. The fee for each webinar is $50 (members) and $75 (non-members).

Students now have two options: Attend in the classroom or as a Distance Learning Student. AIMU now offers this option as a means to train the ocean marine industry. You can attend from anywhere in the U.S. We provide you with a link to videoconference into the classroom. Turn on your computer, dial your phone (or turn on your computer speakers) and attend. This includes video and audio capability using Microsoft Live Meeting! You will have the ability to see, hear, and ask questions of the instructor. For a list of classes go to:

For the latest information, please visit

SUNY Maritime College

SUNY Maritime College is offering the online courses listed below. All four courses are offered entirely online. Classes: Typical costs for online classes are $800.00 plus class book. Saving travel, lodging, meals and time away from your business practice. The typical 6-week course earns 18 credit hours for continuing education credits.

Upcoming class schedule:

  • Hull: 04/12/13 to 05/23/13
  • Yacht: 7/15/2013 to 8/26/2013
  • Cargo: 10/4/2013 to 11/15/2013
  • Hull: 11/18/2013 to 12/23/2013

Each of the classes will require at least 20 hours completing and some may take up to 30 depending on the extensiveness of the student. If Members require CEs. I am now able to provide the office with an attendance time on task for each student so that you know the minimum amount of time put in by each student.

To obtain syllabus of the classes contact: Janet Peck, NAMS-CMS, 843.628.4340 or 843.291.2922 or email [email protected]. To enroll in any of these classes you should contact: Margaret Poppiti Administrative Assistant Department of Professional Education & Training SUNY Maritime College 6 Pennyfield Avenue Throggs Neck, NY 10465 (718) 409-7341 [email protected]

MPI Online Education

On-Line modular Marine Incident Investigation course, specifically designed for people who are: personnel responsible for accident prevention such as ship safety officers, company safety officers, designated persons ashore (DPA), Captains and senior ship officers, operational ship managers, engineering and/or marine superintendents. It also applies to safety professionals, incident investigators, marine surveyors, loss prevention managers, risk managers, P&I underwriters and claims managers, solicitors, accountants, flag and port state control inspectors and classification society surveyors. Contact Lou Blackaby at [email protected] or telephone +44 (0) 1252 732220

ProBoat E-Training

ProBoat E-Training is a series of online courses developed by the staff of Professional BoatBuilder magazine offering a variety of web-based courses. If you have suggestions for new offerings, please contact us.

Current ProBoat Course List:

Houston Marine Education Schedule

Since its inception in 1972 Houston Marine has become the premier source for the certification and training of maritime personnel by offering efficient, cost-effective products and services in a variety of locations and formats. The schedule for the 2013 is available at

Maritime Training Academy (MTA)

The MTA Diploma in Ship Building and Ship Repair commences April 1st and offers flexible enrollment. This course is the ONLY distance learning diploma in the world covering this topic. If you would like to join this course or you require more information, please email [email protected]. Alternatively click here to download the brochure and application for ship building & repair.

Click here for other short courses including, but not limited to, marine incident investigation.

Svitzer Salvage Academy

With a history spanning centuries and an unbeaten track record in maritime emergency management, Svitzer Salvage has a unique combination of knowledge and experience to offer. The Svitzer Salvage Academy provides professionals in the marine industries access to the know-how gained over thousands of casualty situations, prevented, managed and controlled by Svitzer and its affiliates over the years. Svitzer Salvage B.V.

11 – 13 April 2013 Cleveland, Ohio

American Society of Appraisers presents…ME208: Marine Survey This course is designed for the non-marine professional who is interested in learning the basic knowledge of the industry and for the marine professional who is interested in learning more about the appraisal side.

Hotel information
Hyatt Regency Cleveland at The Arcade
420 Superior Ave. East
Cleveland, OH 44114
Reservations: (216) 575-1234
$125/night, plus tax

24 – 26 April 2013 New Orleans, LA

The 2013 RIVER and MARINE Industry Seminar will be held at the Intercontinental Hotel in New Orleans, LA. on April 24-26, 2013. It is sponsored by the Greater New Orleans Barge and Fleeting Association. Full information and registration can be found at

This is a great opportunity for 12-15 CE’s for NAMS members for the 2013-2014 period!!

May 8, 2013 New York, New York

Marine Insurance Issues 2013

A full day AIMU seminar that will also offer global remote attendance. CE credits in New York, New Jersey and Texas are pending, 6 SAMS and NAMS credits are approved. Topics include Risks in the Supply Chain presented by Roger Iverson, CSL Global; Risk Modeling/Aggregation Tracking presented by Allan Dobbin (Conning) and Tom Jeffery (RiskMeter); US Longshoreman’s and Harbor Workers/Jones Act/MEL presented by Jack Martone, American Equity Underwriters; The Panama Canal Expansion: Technical Aspects and Its Effect on the Maritime Industry presented by speakers including Scott Bergen; Superstorm Sandy – Lessons Learned presented by Carroll Robertson, BoatUS; Alexander Kripetz, Travelers; Claudio Crivici, Castlerock Risk Service, LLC. A valuable educational seminar (8:30am-5:30pm) to be followed by a cocktail reception (5:30-6:30). Location: Marriott Downtown, NYC to offer remote attendance option. Sponsorship opportunities will be available. Further information and registration to follow shortly. Contact Email: Lillian Colson at [email protected]for details.


Marine Surveyors attend American Society of Appraisers Class

On January 22, 2013, the New Orleans chapter of ASA gave the one day Marine Asset Appraisal course. Conrad Breit, NAMS-CMS set up the venue and we had 21 surveyors attend. Norm Laskay NAMS-CMS, ASA, MRICS wrote and instructed the class. It is a shorter version of the 3 day 24 CE class that he gives for ASA and is especially good for experienced marine surveyors. The short course concentrates on the how/why of appraisal. The longer course also teaches about the industry, how to do a survey, how to write a report, safety, etc.

The short course covers how to work the three approaches to value, how to write a report that complies with USPAP and stands up in court, and contains several commercial and yacht appraisal problems that are worked out in class. It is good for 7 hours of CE. It has always gotten good reviews from those who have taken it.

Most of the attendees were members of the NAMSGlobal East Gulf Region (some of whom don’t do much in the way of appraisals but needed 7 quick hours). This was the first NAMSGlobal group to take the course but it has been given at three SAMS meetings.

Photo by Conrad Breit, NAMS-CMS

Good For You

Ric Corley, NAMS-CMS of Panama City, Florida recently received International Association of Marine Investigators (IAMI) President’s Award.

The plaque reads as follows: “2013 Presidents Award, Captain Ric Corley. In appreciation of your continuing dedication in support of IAMI’s mission. The International Association of Marine Investigators committed to training investigators worldwide. Feb, 27, 2013, J.A. Pragman, President”.

Regional News

North Pacific Region

Per vote of members at our regional meeting, the new North Pacific Region RVP is Matt Harris and the Regional Representative is Rodger Morris.

South Atlantic Region

The S. Atlantic Region will host a meeting on Saturday 20 April 2013. The location is the SpringHill Suites by Marriott, 3485 Ulmerton Road, Clearwater, FL 33762. Sleeping rooms are available for $99 plus taxes. We are in process of obtaining speakers with subjects that qualify for NAMS CE Credits. We anticipate 5 or 6 CE Credits for NAMS members. We also invite SAMS members as well.

We’ll have more information available soon (as we confirm the exact meeting place and speakers). We do intend the topics will be appropriate for both the pleasure boat and commercial hull folks.

Employment Opportunities

Marine Surveyors – Cargo

The National Cargo Bureau, Inc., is presently seeking applicants for full time Staff Surveyor positions in our Chicago, Norfolk, New Orleans and San Francisco offices.

Marine Surveyors – All Disciplines

American Bureau of Shipping (ABS) is currently looking for a variety of Marine Surveyors from all disciplines primarily servicing our Gulf Port locations with future nationwide opportunities. Candidates can have experience with all stages of construction and inspection of all size vessels. Everyone is encouraged to apply as we are in high demand of individuals with marine experience. Please send resumes to [email protected] and someone will contact you for a further conversation. Most positions are contract to hire with some full time opportunities and in search of immediate assistance.

Tyler Carpenter, HR Remedy, LLC
8701 New Trails Drive, Suite 115
The Woodlands, TX 77381
(o) 281-528-1856

Marine Transportation Safety Specialist – GS-2101-12

Vacancy announcement for the subject position has been posted to USAJOBs. They opened 3/18/2013 and close 4/8/2013: Member of the Office of Commercial Vessel Compliance, Fishing Vessel Division, participates in the development, interpretation, and implementation of rules and regulations pertaining to issues such as commercial fishing vessel safety, security and environmental stewardship. Using a thorough knowledge of marine transportation regulatory documents, the incumbent provides recommendations and guidance to managers, inspectors, and examiners regarding laws, regulations, and policies related to safety on commercial fishing vessels.

Here are the links:

Articles Of Interest

The Latest on Subchapter M

Proposed new regulation “Subchapter M” to make towing vessels over 26’ in length “inspected” is now in U. S. Coast Guard Clearance review. It still needs DHS (U. S. Department of Homeland Security) and OMB (Office of Management & Budget) review in order to move forward. No decision has been made yet as to whether the Regulation will be issued as a SNPRM (supplementary notice of proposed rulemaking) or Interim Final Rule. The final version has yet to be determined. This has been a long process, and the inception date is yet to be announced.

What does Subchapter M Means to NAMSGlobal Members?

NAMSGlobal is organizing to be accepted as a Towing Vessel Inspection Organization to certify Third-party inspectors, much like Third-party inspectors inspect American flag Fishing Vessels to satisfy Coast Guard requirements.

Presently, NAMSGlobal envisions establishing a new surveyor discipline as “Certified Towing Vessel Inspector” (CTVI). CTVI’s would be already be Certified as a NAMS-CMS in one of the existing disciplines, will have high school education or equivalent, show proof of experience in survey of towing vessels, pass a written examination specifically directed towards towing vessels and accumulate an additional six hours of continuing education each year directed at towing vessel inspections and operations.

The new designation will offer each CTVI a venue to participate under the auspices of a Coast Guard-approved organization.

Volunteers are being solicited from within NAMSGlobal to develop exams and protocol through a certification process including but not limited to setting up a list of requirements for certification and developing an exam. A Task Force was established at the Panama City NAMSGlobal meeting in March 2012. Once the CTVI Task Force proposes a process, it will be submitted to the Coast Guard for their review and approval.

Several other groups are working on becoming approved organizations, to address other requirements anticipated as part of SubChapter M. These include Towing Safety Management System (TSMS), periodic audits, etc. For example, the recently established Towing Vessel Inspection Bureau (TVIB) will now test and certify auditors under the American Waterways Operators’ Responsible Carrier Program. Certified auditors can, under an approved organization, conduct third-party management and vessel audits. (See

Baker Lyman and Germanischer Lloyd (USA) are collaborating to pursue recognition by USCG regarding TSMS, audit services and training. GL is already a certified Third Party to do work for the Coast Guard, like ABS.

So far, various NAMSGlobal members have attended Towing Safety Advisory Council meetings, and presentations at towing industry conventions. More work is needed in the near future to flesh out our NAMSGlobal proposal so we are strategically positioned for advancement when the new “Subchapter M” regulation is published.

For more information, contact author Ed Shearer via email at [email protected].

Submitted by Edward L. Shearer, P.E., NAMS-CMS

Towing vessel regulations: ‘Not on the backburner’
By Pamela Glass

Washington, 2/29/13 – A top Coast Guard official has told Congress that the long-awaited towing vessel regulations are “not on the backburner,” and that the agency is using the extra time to make sure it gets the rule right and has enough inspectors to apply the rules fairly and effectively.

“This is a very labor intensive operation that requires a lot of analysis and review,” Vice Adm. Peter Neffenger, the Coast Guard’s Deputy Commandant for Operations, said Wednesday. Neffenger, who spoke at a hearing before the House Coast Guard and Transportation subcommittee, said, “This will not suffer from a backlog. The rulemaking involves a lot of details and affects a large industry that has never been inspected before. We want the right mix of inspection, oversight and applicability.”

Neffenger’s comments came in response to a question from Rep. Elijah Cummings, D-Md., who asked for an update on releasing the final rule for the towing vessel inspection program, known as Subchapter M. The House hearing was held to examine how the Coast Guard was balancing its numerous missions.

Neffenger said that thanks to recent budgetary support from Congress, the Coast Guard has been able to hire a cadre of marine inspectors under the agency’s Marine Safety Enhancement Plan and open the Towing Vessel National Center for Expertise in Paducah, KY.

“We have added over 500 people into inspections. Some aren’t onboard yet because the towing vessel regulations aren’t in place. But we’re in good stead and have the budget for them, but we are concerned about budget impacts in the future,” the admiral said.

He said the towing vessel regulations won’t be affected by the automatic sequester cuts should Congress not reach a budget deal by March 1. “We are not putting this on the back burner,” he said.

The Coast Guard has so far completed its final analysis of hundreds of comments received on the proposed rule and staff has begun revising the rulemaking, Brian Vahey, government affairs manager at the American Waterways Operators, told WorkBoat.

“We’ve heard that the rulemaking is now in the agency clearance process, and from there it is going to need to go first to Department of Homeland Security for approval and then to Office of Management and the Budget,” Vahey said. “One of AWO’s top priorities is to get the next iteration of Subchapter M right, and to get it published in 2013.” Courtesy

American Waterways Operators announces agreement with Towing Vessel Inspection Bureau

Arlington, VA, March 22, 2013

The American Waterways Operators, the national trade association representing the tugboat, towboat and barge industry, has entered into an agreement with the Towing Vessel Inspection Bureau under which the TVIB will take over the responsibility for training and certifying AWO Responsible Carrier Program auditors later this year. The first TVIB-led auditor classes will be held this summer.

AWO’s Responsible Carrier program is an industry initiated, third-party audited safety management system that promotes safe practices and environmental stewardship in the barge and towing industry, the largest segment of the U.S. domestic vessel fleet. The program was established in 1994 and has been a condition of AWO membership since 2000.

The report as a legal document:

Just as the surveyor’s notebook is a legal document, which can be used as evidence in a court of law, so the surveyor’s report can be used in court. However, if the report is supplied to the client’s lawyer, it is not discoverable and is treated as confidential. For this reason, in such cases it is critical that the surveyor is clear on to whom the report must be delivered.

The law in most countries stipulates that there should be no surprises in court. This means that both sides must disclose to each other information relating to their case, i.e., all information is discoverable.

As the report is a legal document it is also imperative that it should be correct in every detail otherwise the opposition counsel will take the report author apart in the witness box with the result that you may lose the case for your client and lose your credibility as a marine surveyor.

In the same way, surveyors should be very careful what they write in their notebook especially if the information is to be used in the final report. Unprompted comments and opinions should be avoided, e.g., ‘this ship is a disaster!’ whether joking or not as these could be used against you and your client at a later date. Stick to the facts and only your findings. If such records would be detrimental to your client’s case, avoid writing anything in your notebook. A separate phone call, ‘in confidence’ email or fax to the lawyer will be more appropriate.

To ensure accuracy and avoid possible legal problems it is advisable to have somebody else review your report prior to it being issued. For this reason, some companies have lawyers on call to review reports.

No matter what type or size of report is being prepared the above must always be borne in mind. The surveyor should always be asking:

  • “Have I stated the facts in a clear and accurate manner?”
  • “What are the legal consequences of what I am saying in the report?”
  • “Have I identified where I am giving my personal opinion?”
  • “Have I fulfilled my client’s requirements?”

The above is a snippet from ‘Report Writing for Marine Surveyors’ by Mike Wall. Published by Petrospot Ltd. ISBN 978-0-9548097-7-5. Cost £75 plus p&p. Contact: or telephone +44 1295 814455. Courtesy FLASHLIGHT, a collation of articles relevant to our profession from various publications and contributions from readers. Letters, opinions and articles are welcomed. Contact [email protected]

Classification Societies: Are they Liable to Third Parties?

From Maritime Advocate On-Line: Your editor can well remember the day he first had sight of the claims history of a leading Classification Society in respect of negligence claims. A hefty volume it was, documenting a imposing figure in the legal and defence costs column. Steve Block of Foster Pepper, writing in the current edition of Forwarderlaw, examining the progress of the Prestige Case in the US Federal courts, says Classification Societies probably don’t have duties to third parties, but even if they do, a “reckless misconduct” standard is tough to meet.

Block describes “long-held judicial notions that surveyors which perform quality checks and related functions, particularly in the maritime context, aren’t intended to be guarantors to the world at large of the results of their findings. The determinations they make are contextual, i.e., within the confines of the contractual relationships pursuant to which they’re provided. Absent a direct relationship with them, industry shouldn’t look to classification societies as likely sources of financial recovery.” Read his sensible note in full here:

Court – Prompt Notification of Insurance Claims

Two recent unpublished decisions of the US Court of Appeals for the Second Circuit highlight the importance of prompt notification by an insured to its Protection & Indemnity Club of potential claims. Weeks Marine v. American Steamship Owners Mutual Protection and Indemnity Association, No. 11-3774-cv (2nd Cir., February 1, 2013) involved a claim for personal injury filed by a crew member of one of plaintiff’s vessels. Plaintiff did not notify defendant insurer of the claim until after trial, which was two years after the precipitating event. The court ruled that the prompt notice provision in Certificate of Entry applied and that the insurer was not required to show that it had been prejudiced by the delayed notice. Weeks Marine v. American Steamship Owners Mutual Protection and Indemnity Association, No. 12-1752-cv (2nd Cir., February 8, 2013) involved a claim for personal injury filed by a crew member of one of plaintiff’s vessels. Plaintiff did not notify defendant insurer of the claim until after trial, which was four years after the precipitating event. The court ruled that the provision in the Club Rules requiring that the insurer be notified in writing within three years after the member has knowledge of the occurrence giving rise to the claim applied and was not contradicted by the provision in the Certificate of Entry regarding prompt notice of claims that appear to involve indemnity. Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

Sage Advice For The Next Big Storm

In the aftermath of Superstorm Sandy, having a reliable, financially sound insurer and choosing the right marina have taken on added importance. From all that we’re hearing, weather-induced misfortune isn’t going to diminish anytime soon. Growing numbers of tornadoes, tidal waves and droughts will inflict yet more damage on boats. In addition to the weather, there is the economy to consider. Hard times see people becoming more desperate financially, and “mysterious” sinkings, boat fires and disappearances become more common. It’s reasonable to suppose that a well-run marina should be capable of minimizing storm damage to your boat by virtue of its infrastructure design, personnel and hauling facilities, as well as repairing your boat if it is damaged. Regarding the risk that insurers take on, there is a common perception among people in the industry that insurance companies are not always discriminating about either the people or the boats they insure. An obvious question when choosing a marina is whether it can keep your boat safe in hurricane conditions, not just whether you’ll get splinters walking the docks barefoot or whether the water pressure is high enough to hose off your boat. A marina’s insurance rates are based on the facility’s ability to withstand wind and surge. The policies are getting stricter, and policyholders do not do their due diligence. There is no trickery involved. It’s just that the policy owner – a boat owner or a marina owner – often doesn’t read the policy as closely as he should. There are several variables that are taken into account when insuring a boat, from operator experience to the boat’s location. In addition to the operator’s background and the boat type, risk also is assessed on where the boat is kept. If you live in the hurricane-prone area – southern Atlantic states or the Gulf of Mexico, for example – the deductible goes up to 5 percent of the agreed hull value or $1,000, whichever is greatest. However, if the boat owner takes steps to reduce risk, such as hauling the boat, lashing it to the ground and removing such items as canvas and sails, the deductible is reduced to 3 percent. Also geography-dependent is the way boats are moored. Sandy brought with it an unprecedented storm surge in some areas of New Jersey and Long Island, N.Y. With Sandy’s 14-foot surge, docks floated off their pilings and wreaked havoc, and boats that usually would be safe high and dry in the marina parking lot floated off their blocks, in some instances suffering more damage than if they were left in the water.

Ron Milardo runs Cooper Capital Specialty Salvage (, a salvage management firm in Old Saybrook, Conn. He expects to auction hundreds of boats that suffered the wrath of Sandy. “New Jersey, Staten Island and Long Island are the worst-hit areas,” he says. “Some of the boats were already winterized and hauled. Had they left their drain plugs in, perhaps there would have been fewer totals. Many of these boats floated right off their stands and sank on land after their bilge pumps failed or the batteries wore down.” And there are other considerations determining a damaged boat’s value, such as the manufacturer not extending a hull warranty after the hull has been damaged or breached.” Another factor driving the salvage and used-boat markets is the economy. Milardo says, “After Sandy, with so many boats damaged, builders and yards are coming from Maine, Florida – you name it – to find boats in sound shape to recondition and sell profitably.… Of course, this makes it harder for a boat owner or insurance company to get a boat repaired quickly.” Milardo says there may be a second wave of totals if insurance companies have trouble getting boats repaired. If Sandy’s power and the damage the storm inflicted are harbingers of things to come, it’s crucial to make intelligent decisions about your boat, your marina and your insurance policy. (, March/2013) Courtesy AIMU Weekly Bulletin.

Cargo Thefts Down Slightly

There were 940 cargo theft incidents throughout the United States in 2012, a 0.5% decrease from 2011’s total, said FreightWatch International (USA) Inc. in a report. This slight decline comes after an 8.3% increase in 2011. California was hit the hardest among the states in thefts in 2012, followed in descending order by Florida, Texas, New Jersey, Georgia and Illinois. These top six states accounted for 73% of all cargo thefts in 2012, and almost 78% of 2011’s total. January, March and April were the highest-incident months, and Friday and Saturday the most popular days. The average value per theft incident was $174,298, down from a peak of $554,105 in 2009. Jewelry and accessories had the highest average value per incident of any product type in 2012, with an average of $425,000 per loss. Food and drink was the product type most often stolen in 2012, accounting for 19% of all cargo thefts. (Business Insurance, 1/22/13) Courtesy AIMU Weekly Bulletin.

Poor Packing Causes Majority Of Container Incidents

Poor packing and mis-declared contents are the cause of more than two-thirds of container shipping cargo-related accidents, according to a new study.

Research by 11 shipping companies belonging to the Cargo Incident Notification System (CINS) found that two-thirds of container accidents involve dangerous goods, and more than half of these involve leakage.

The results of the analysis of around 500 incidents that may have caused injuries or fatalities, loss or damage to assets, or environmental harm were described as ‘chilling’, underlining concerns about the potentially huge scale of wrongly declared container contents.

Half the incidents were found to result from packing issues and more than one-third of these involved corrosive cargoes. Somewhat surprisingly, none of the incidents were blamed on overweight containers.

‘The information gathered provides an early warning of worrying trends, whether relating to cargoes that display dangerous characteristics, but have not yet been recognised as such in the IMDG Code, or continuing or emerging unsafe practices in the unit load industry,’ CINS stated. ‘Thankfully, only 8% of the incidents by number involve fire or explosion, but clearly the consequences then are far more serious.’

CINS said it was ‘sobering’ to find that one-third of the incidents arose from cargoes loaded in Europe and North America ‘where packing controls might be considered to be more mature’.

CINS said its research probably provides the first ever quantification of the ‘iceberg’ risk of mis-declared cargo. ‘As investigators continue to sift for evidence onboard MSC Flaminia, the fears of the liner industry that the nature of cargo carried is largely unknown are here shown to be reasonable,’ it added.

The organisation said it would seek ‘cogent dialogue’ on the findings with enforcement agencies, competent authorities and the IMO in an effort to secure relevant changes in legislation or other safe practice recommendations. Courtesy FLASHLIGHT

Australia – Complacency Leads To Fatality

The Australian Transport Safety Bureau (ATSB) issued the report of its investigation into a fatality on a barge engaged in transferring stores to a product tanker berthed in Brisbane on 15 December 2011. During the return of a stores container from the tanker to the barge, the container came free of its slings. It fell to the barge below, striking and killing the barge master. Investigation revealed complacency on the part of both the tanker and the barge. The tanker crew did not view storing operations as dangerous and had, over time, removed identified safety barriers that would probably have prevented the accident. The barge master placed himself in a position of danger under the container and the barge company had not acted on or learned from previous less serious incidents. MO-2011-011 (3/7/13). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant


The national crisis the U. S. inland waterways just faced was the potential effective closure to navigation of the Mississippi River due to historic drought conditions in the Midwest. For the nation’s inland waterways system, the “real facts” underscore the critical importance of this segment of the transportation supply chain: In 2011, 553.5 million tons of the United States’ ‘building block’ commodities such as grain, coal, steel, petroleum products, chemicals and aggregate materials valued at $178 billion moved on the inland waterways system. A total shutdown of the Mississippi River to commerce was thankfully averted and credit is due to the Obama Administration. Economic damage was, unfortunately, done as a result of the uncertainty of the situation on the river. Barge operators and shippers made operating decisions about loading, transiting and purchases based on the best available, though changing, estimates and often “worst-case scenarios.” In some cases, the size of tows carrying essential commodities for export and domestic use has been cut in half; transit times more than doubled; orders were cancelled or curtailed; and jobs were put in jeopardy. (Marine Log, February 2013) Courtesy AIMU Weekly Bulletin.

Short-Sea Shipping

If Chuck Raymond is right, small U.S. shipyards soon may start churning out small, fuel-efficient, aluminum catamarans to jump-start the market for coastwise, short-sea and inland shipment of containers and trailers. The former CEO of U.S. flag carrier Horizon Lines said production could begin this year on the vessels, which he said could revolutionize a market long stymied by a lack of low-cost vessels that can be built in the U.S. and operated efficiently. The new vessels are designed for shipments moving up to 500 miles, a market dominated by truckers struggling with fuel costs, congested roads, and limitations on weight and drivers’ hours-of-service. They could be scaled in various sizes, but initially are being offered in two sizes – 295 feet, with 12-foot draft at capacity of 107 40 foot- equivalent units, and 400 feet, 18 foot draft and 314 FEUs. Raymond said costs are being discussed with shipyards, but they believe vessels could be built for 30 to 40 percent less than a conventional steel vessel with similar capacity. (The Journal of Commerce, 1/23/13) Courtesy AIMU Weekly Bulletin.

Useful Links

Allen (Capt. Al) Cody Taube, NAMS-CMS has written and illustrated a brand new book about surveying and repairing wooden boats: “THE ART OF WOODEN BOAT REPAIR”. You can read more about it at

Report Writing For Marine Surveyors by Mike Wall, First Edition. Report Writing for Marine Surveyors is a valuable addition to the body of information available to marine surveyors. It is of particular value to new entrants to this global industry for whom writing detailed, accurate and concise survey reports is an essential job requirement. Price: £75 / €90 / US$125 + carriage
ISBN: 978-0-9548097-7-5

Your favorite singer or actor may be a former merchant mariner by Capt. Kelly Sweeney, Professional mariner Magazine

Costa Corcordia Salvage Operation

January 13 marks the one-year anniversary of the Costa Concordia accident that claimed the souls of 32 on board. While the ship remains lying on her side half submerged off the coast of Isola del Giglio, the salvage operation is well underway. The Italo-American Titan-Micoperi consortium has a five-stage operation in place that is projected, if the weather holds up and all goes according to plan, to refloat and remove the Concordia wreckage by the end of this summer.

You can keep track of the salvage operation’s progress at (Marine Log, January/2013) Courtesy AIMU Weekly Bulletin.

Testimony Highlights Complexity in Bounty Case

From gCaptain, the world’s leading website for maritime & offshore professionals:

The United Kingdom Hydrographic Office (UKHO) has issued a press release and guidance for detecting counterfeit versions of its Admiralty charts and publications, which can pose a risk to vessels, crew, and cargo safety.

The press release can be read and downloaded in its entirety at:

The guide can be read and downloaded in its entirety at:

Access to NTSB Accident Reports

Accident Reports are one of the main products of an NTSB investigation. Reports provide details about the accident, analysis of the factual data, conclusions and the probable cause of the accident, and the related safety recommendations. Most reports focus on a single accident, though the NTSB also produces reports addressing issues common to a set of similar accidents. Accident reports form many modes of transportation are listed. Scroll down the list to select the marine accident report you are interested in. Some describe equipment deficiencies that you as marine surveyors should be aware of, in case you encounter such a situation during your survey:


A Whaling Voyage from New Bedford Whaling Museum

Narrated excerpt from 1922 silent movie “Down to the Sea in Ships”. Run time approximately 23 minutes. Produced by the Education Development Center with support from National Endowment of the Humanities. Courtesy gCaptain

Some Humor

As a passenger ship passed a small island, a small, bearded man could be seen shouting and furiously waving his arms. “Who is that?” a passenger asked the captain. “I have no idea,” the captain replied, “But every year when we pass by he goes nuts.”

[Source: Paul Dixon]

A Poem

I’m a section of a derelict
The chassis of a tree,
And maritime disasters
Are attributed to me.
I lurk within the twilight zone
Where fog and water blend,
The underwriter’s nightmare
And the broker’s bosom friend.
That I’m versatile and clever
All adjusters will attest,
For when I am not there at all
My work is at its best.
My ghostly fingers search a ship
From keel to funnel-stays
A crackin’ shafts and boiler tubes
And wreckin’ waterways.
Though no one ever sees me,
I am sure to get the blame
When these things are added up to make
A fat insurance claim,
For I’m just a Floating Object
But the lawyers all agree
That I have the legal status
Of a Peril of The Sea.
By James A. Quinby, The Street And The Sea


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