BOW WAVE 382

Bow Wave Issue 382--Lunar Eclipse Edition

news and views on trade, insurance and risk

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Wavy Line	sam@wavyline.com
(c)2007 WavyLine.com	Issue No 382 19 Mar 07
Published free of charge to Readers
Editor: Sam Ignarski
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In this issue:

1. Welcome
2. The Avo Archive
3. CLECAT sends out EC Customs Warning
4. What's In the Box?
5. Guest Slot: Henry Tours on the Montreal Convention 1999
6. And Finally...

1. Welcome

Poem of the Week

Small Town

For Alfred Nicol

What goes around comes around, I tell you.
One minute I'm squinting out the car window,
sure I recognize the mom of one
of my Little Leaguers, 'cept she's kissing some guy not her husband under the parking lot light
down to the Stop and Shop, so I wave, big-like,
kind of being a jerk, although I wouldn't
ever really say anything about it.
Next thing I know, a siren, flashing red
and blue, some cops waving at me to stop.
I pull over, roll down the window, blinded
by the flashlight. They start to say they saw
me rolling through the stop, then get a whiff --
really, it's just the way the leather jacket
picks up all the smoke and the smell of the booze -- and I'm out of the car, walking the damn straight line, saying the alphabet way too loud, then standing
on one leg (like I could do that sober)
counting one-mississippi, two-
mississippi with the kid's mom
across the street watching the whole damn thing
or at least part of it, 'cause I looked once
and saw her watching, then I looked again
during the mississippi's, and she was gone.
They let me go with a warning -- gotta love 'em.
Maybe I'll give her a call. Probably not.

Midge Goldberg, from Flume Ride

New Readers this week include:-

Broker Alex Gibson of the Benfield Group
Maria Isabel de Rodriguez of Corp. Mivigar in Honduras S Preston of Groupama
John Moffat of the RSA
Cameron Ross of Vero Marine in New Zealand
Capt AM Thomas of Vega Shipping

Readers Write

From Dave Letteney

Re your poem of the week (Bow Wave Issue 381) some of your readers may not be aware that in 1861 Longfellow wrote what is arguably the most famous poem in U.S. history, The Midnight Ride of Paul Revere, describing the ride from Boston to Lexington and Concord in April, 1775, to alert the populace that British troops were marching to capture arms and ammunition held by local militias, called "Minutemen". Thus began the American Revolution.

Contact him at:

dletteney@verizon.net

From Michael Starmans of the Spliethoff Legal Dept.

Re the recent correspondence on maritime terms (See Bow Wave Issue 380) I note Peter Gover's doubts whether
the Dutch word "onderweg" has anything to do with the extensive discussion about the English expression "under way". Whether that is indeed the case, I do not know and we Dutch do not really care, since we are generally much less interested in our own history and language then the average European (which is a shame).

Despite this attitude, I assume that the expression "making fast" also has a Dutch origin. The Dutch word "vastmaken" means "securing/fixing/mooring" and that is exactly the meaning of "making fast" in English.

Contact him at:-

M.Starmans@spliethoff.com

From Dan Souter of Craig

Following on from the interesting points made by Mr. Glover (Bow Wave Issue 380), and writing from Florida, I will also add my 2 cents worth.

I have always had great respect for "The Oxford Companion to Ships and the Sea" edited by Peter Kemp. The definition given for "Way" is: "The movement of a ship through water by means of her own power..."

There is also reference to "Ways" which are the parallel rails on which a ship is launched. Both definitions indicate movement. Interestingly, in my edition there is no entry for "Weigh".

However, I believe this troublesome question will be put to rest by the definition for "Under way", which states: "The description of a ship which has movement through the water. The term is frequently written as under weigh. Theoretically, a ship is considered to be under weigh only when her anchor has been broken out of the bottom and she herself is still stationary in the water; she is under way as soon as she begins to move under her own power. However, the two terms have virtually become synonymous today, under weigh being a modern spelling distortion of an older term...."

The indications are in favour of an earlier usage of "Way". I submit that this clarifies the matter and places the meaning of each term beyond doubt. Way remains synonymous with making progress, whereas weigh has the opposite connotation. Note however, that from a legal perspective, a waybill is non negotiable and therefore, can not progress beyond the holder, unlike a bill of lading, which can be transferred!

Contact him at:

dsoutar@craig-is.com

From Chris Jones of Bridger Jones Associates:

Reference 'underway' and 'underweigh' may I suggest that The International Regulations For Preventing Collisions At Sea (1972) will provide the answer.

"Rule 3 (i) The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground."
You have to get underway to start out on the project. Once underway you then begin, hopefully, to 'make way' and gain your 'bow wave' with the 'bone in your teeth.'
Very dangerous this nautical speak.

Contact him at:-

BJASurvey@aol.com

Note from the Editor

As hardened Readers of Bow Wave know, we begin this publication with a poem and end it with a joke. There is no real reason for the order except that it seemed a good idea in 1999 when we began publishing the zine. It has been suggested to the editor many times that the weekly poem should be relegated to the bottom of the publication so as to leave all the professional items uncluttered with verse. What say you dear Readers?

We work on the principle that only events or ideas which have come to your editor's attention in recent days will appear here. This helps to ensure that the items are reasonably current--at least to us.

We recently enjoyed a total eclipse of the moon on a cloudless night on the Isle of Wight. The internet weather service on the island decided it would hold a photo competition for images taken on the
night and if you click below, you can see what the moon looked like on England's Garden Isle that night.

http://www.isleofwightweather.co.uk/lunar_eclipse.htm

Enjoy!

2. The Avo Archive

Our sister publication, the Maritime Advocate on-line has just launched its new website. On it browsers will find a fully searchable archive for the back issues of this publication (all 294 of them) and also, week by week, the efforts of sponsoring legal firms who will be providing country summaries and case notes for each major maritime jurisdiction in the world. If you have any thoughts on the site, or indeed any ambition to participate please let the publishers know.

See the site at:

www.avoarchive.com/

3. CLECAT sends out EC Customs Warning

Our friends in the Secretariat have sent in this warning note in relation to the current attempts to reform customs practices in Europe:-

The European Association for Forwarding, Logistic, Transport and Customs Services CLECAT is seriously concerned about particular outstanding discrepancies in the European Commission proposal for a modernised customs code. CLECAT is supportive of the modernisation of the customs code and in point of principle has welcomed the Commission proposal. This however should not and has not prevented CLECAT from constructively criticising certain points of the proposal (See the link below)
.
CLECAT counts on the Council of Ministers to amend particular paragraphs on liability for customs debt and on the provision of guarantees, which as they stand may entail legal controversy and useless insurance coverage. This might use up financial resources, which traders and their representatives need to make productive investments and run their businesses.

CLECAT criticizes the proposed extension of the scope of the guarantee, which may in effect turn the guarantee into a kind of insurance with uncertain scope. This combination of excessive cover and uncertain scope may work as a barrier to trade. Guarantees and insurance are conceptually distinct and should not be confused: guarantees are there to offer financial security over an ascertained debt,while insurance is there to spread and mitigate risk. The only person who can be responsible for a debt is the debtor. It is not possible to spread the risk of possible (and often unlikely) future financial damage among the operators, even when they have no liability.

In addition, in respect of liability for customs debt, CLECAT criticizes the fact that the freedom of contract between a trader and his customs representative is not consistently honoured throughout the entire Commission proposal. CLECAT is of the opinion that it is up to the parties to a contract to decide in unison whether the representative will act in his/her own or in his/her customer’s name.

Forecat.org

Note:-1 Alongside the criticism which is the subject of this press release, CLECAT regrets that the Commission missed the historical opportunity of the modernisation of the customs code to put more order in customs representation by making room for the introduction of some non discriminatory, basic common European standards. See the position paper at:-

http://www.clecat.org

4. What's In the Box?

Dealing with a maritime emergency is a dangerous challenge at the best of times - but what happens when the dangers are exacerbated by the presence of previously unidentified hazardous goods?

Hazardous goods make things complicated even when they are correctly documented and accounted for, but if they are mis-declared or deliberately undeclared, the consequences can be disastrous to personnel, the environment and the vessel.

To examine this terrifying reality the SE England Branch of The Nautical Institute is holding a seminar looking at the problems and issues surrounding Undeclared Hazardous Goods, the ‘Causes & Consequences’, on 21 March 2007 in Maidstone, Kent.

In light of recent high profile events, such as the loss of "MSC Napoli" and it’s beached containers, many are reassessing the issue of cargo safety, particularly in this modern age of 13,000+ TEU vessels, with so many boxes, and so much potential for mystery cargoes to wreak havoc.

With images of the spectacular losses of the "Hyundai Fortune" and "Hanjin Pennsylvania" burnt bright into the industry's consciousness, it is time to re-examine the rules, realities and the implications for crew, charterers, owners and salvors.

One misplaced box, one trailer filled with unknown toxins, flammables or corrosives could spell disaster, and the Nautical Institute SE Branch are set to spell out the hard realities of such dangers, while providing an open forum for questions and answers.

With speakers including, Jeff Hart Department of Transport Head of Dangerous Goods Division, representatives from the Maritime and Coastguard Agency (MCA), insurers, operators and senior ship personnel, the aim is to look at all parts of the chain, and to identify what goes wrong, when and why-- and what can be done about it.

Contact Chris Renault MNI, Honorary Branch Secretary for more details and to book your place.

Telephone: (01304) 372192
Mobile 07702 269282

5. Guest Slot: Henry Tours on the Montreal Convention 1999

Henry Tours is an aviation consultant and claims man in South Africa who publishes a regular e-zine on his subjects called Downwind. He has recently published an entirely characteristic criticism in the most recent edition:-

In a quiet unannounced move, the SA Government ratified Montreal Convention 1999 (M99) on 14 December 2006, some 8 years after signing it. The SA Legislation was subjected to The Carriage By Air Act Amendment Act. This means that on the 60th day after ratification (11 Feb 2007), M99 comes into force and it seems that neither the authorities that govern aviation, nor the associate bodies of Aviation, have either noticed this nor can be bothered to give any warnings about it.

M99 NEEDS YOUR IMMEDIATE ATTENTION IF YOU ARE IN THE COMMERCIAL AVIATION FIELD -- ALMOST OVERNIGHT YOUR LIABILITY EXPOSURES ROSE TEN TIMES!

This might have been worth a squeak or two?

Anyway, just to give you a brief outline of the difference between the old Warsaw Convention that applied until 11 February 2007 and M99 this is what it’s all about. You must understand that the Convention language is far from plain, as you would expect from lawyers. The following is a very broad translation -- please refer to the actual Act for specific detail,

It only applies to International flights -- these are defined as any flight that starts in one country and touches down in another, providing that one of the States is a Convention member. It seems that if neither state is a Member then M99 will not apply -- but then some other convention is likely to apply such as Warsaw. It must be remembered that there are very few M99 signatories or ratifications in Africa.

1. M99 makes the Carrier liable for passenger injury with an award of SDR100,000 (1 of Special Drawing Rights "SDRs" is worth about US$1.5.

2. The Carrier will then be liable for any amount awarded over SDR100,000 unless the Carrier can prove that it was not negligent or that the accident was entirely the fault of a third party - e.g. a manufacturer or maintenance organisation (AMO).

3. Delay is now included for passengers, baggage or cargo for damages of up to SDR4150 = US$6225.

4. Passenger baggage liability has shot up from Warsaw $100,50 per kg for checked baggage SDR1000 = US$1500 for the whole lot. The passenger can make a special declaration of value above these amounts but there seems to be no allowance for the carrier to refuse to accept such a declaration.

5. Cargo liability is for SDR17 per kg = US$25.

The carrier may not reduce any of the limits or contract out of any of the provisions of the Convention.

Claims notification (The Convention refers to them as Complaints) = 7 days for baggage;
14 days for cargo;
21 days for delay;
2 years for injury.

Jurisdiction -- the claimant can go for jurisdiction to: -Place where carrier has domicile; or
-Principal place of business;
-Place where carrier has business and made the contract -Destination (it doesn’t say whether this is ultimate destination or destination of the leg on which the accident happened)
-Place where the passenger has his permanent domicile if the carrier also has premises and operates a service. This is where the nightmare starts as it means that many claims can be directed to places like USA where the legal system can be very adverse to the carrier. Punitive damages are not allowed under M99.

Some areas have added their own bend to M99. The EU has issued its own limits which are so huge it is doubtful you could insure to them. Perhaps the Brussels Sprouts will come to their senses soon.

Now think how much insurance you are going to need and compare it to what you have got and then think about the extra premium costs you are going to have to pay.

Contact Henry Tours at:-

htours@mweb.co.za

6. And Finally...

From Frazer Hunt comes this English lesson

This is for those who think German is hard:-

1) The bandage was wound around the wound.

2) The farm was used to produce produce.

3) The dump was so full that it had to refuse more refuse.

4) We must polish the Polish furniture.

5) He could lead if he would get the lead out.

6) The soldier decided to desert his dessert in the desert.

7) Since there is no time like the present, he thought it was time to present the present

8) A bass was painted on the head of the bass drum.

9) When shot at, the dove dove into the bushes.

10) I did not object to the object.

11) The insurance was invalid for the invalid.

12) There was a row among the oarsmen about how to row

13) They were too close to the door to close it.

14) The buck does funny things when the does are present.

15) A seamstress and a sewer fell down into a sewer line.

16) To help with planting, the farmer taught his sow to sow.

17) The wind was too strong to wind the sail

18) Upon seeing the tear in the painting I shed a tear.

19) I had to subject the subject to a series of tests.

20) How can I intimate this to my most intimate friend?

P.S. Yes Dear

Always remember these six important rules when asking a man to do something:

Make sure the man is conscious.

Crash the hard drive on his computer and line the bird cage with the sports section.

Be brief! Limit your nagging harangue to two, three hours, max.

Reward him for cooperative behavior. Offer to cook him something that doesn't have a peel-back cover.

Punish him when he refuses to cooperate. Microwave his remote on high power for 55 minutes. Rotate 1/4 turn, and microwave again for another 35 minutes.

Use "would you" or "will you" instead of "you'd better" or "do as I say and no one will get hurt."

PPS

1. Birds of a feather flock together and crap on your car.

2. There's always a lot to be thankful for if you take time to look for it.For example I am sitting here thinking how nice it is that wrinkles don't hurt.

3. When I'm feeling down, I like to whistle. It makes the neighbor's dog run to the end of his chain and gag himself.

4. If you can't be kind, at least have the decency to be vague.

5. Don't assume malice for what stupidity can explain.

6. A penny saved is a government oversight.

7. The real art of conversation is not only to say the right thing at the right time, but also to leave unsaid the wrong thing at the tempting moment.

8. The older you get, the tougher it is to lose weight, because by then your body and your fat are really good friends.

9. The easiest way to find something lost around the house is to buy a replacement.

10.He who hesitates is probably right.

11.If you think there is good in everybody, you haven't met everybody.

12.If you can smile when things go wrong, you have someone in mind to blame.

13.The sole purpose of a child's middle name is so he can tell when he's really in trouble.

14.Did you ever notice: The Roman Numerals for forty (40) are "XL"

15. Always read stuff that will make you look good if you die in the middle of it.

JokeoftheDay-subscribe@yahoogroups.com

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