BOW WAVE 384

Bow Wave Isse 284--Chassis in the USA Edition

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Wavy Line	sam@wavyline.com
(c)2007 WavyLine.com	Issue No 384 02 Apr 07
Published free of charge to Readers
Editor: Sam Ignarski
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In this issue:

1. Welcome
2. Guest Column: Ted Prince
3. TradeWinds Marine Risk Forum - Bermuda
4. Don't Lose That Card
5. Q&A Turnpike
6. And Finally...

1. Welcome

Poem of the Week

Next Please

Always too eager for the future, we
Pick up bad habits of expectancy.
Something is always approaching; every day
Till then we say,

Watching from a bluff the tiny, clear
Sparkling armada of promises draw near.
How slow they are! And how much time they waste,
Refusing to make haste!

Yet still they leave us holding wretched stalks
Of disappointment, for, though nothing balks
Each big approach, leaning with brasswork prinked, Each rope distinct,

Flagged, and the figurehead with golden tits
Arching our way, it never anchors; it's
No sooner present than it turns to past.
Right to the last

We think each one will heave to and unload
All good into our lives, all we are owed
For waiting so devoutly and so long.
But we are wrong:

Only one ship is seeking us, a black-
Sailed unfamiliar, towing at her back
A huge and birdless silence. In her wake
No waters breed or break.

Philip Larkin

[Sent in by Patrick Neylan of Fairplay Magazine]

New Readers this week include:-

Carlos Parra Carramiñano
James Stearns of Messrs Tindall Riley
A Pettican in Austria
Cornelia Easton of I&DRS in Cape Town
Bruce Virgo of HBJ Gateley Wareing

Readers Write

From Michael Laurie

As a regular reader of Bow Wave, I was very interested to see the article on your daughter's participation in the Women's Head and your comments about near accidents. Hammersmith is always an interesting, if sometimes stressful, place to stand and stare when rowing is in progress.

I was, however, somewhat surprised to see your comment that Lloyd's Register had drafted a "code for racers". In 2004/5 BMT, in particular The Salvage Association/BMT Murray Fenton, together with BMT Reliability Consultants, were contracted by the PLA to provide a detailed risk assessment into the regulation of rowing in the upper reaches of the tidal River Thames. The subsequent report, and the numerous recommendations that were included, were utilised by the PLA, together with the rowing community (Thames Regional Rowing Council, ARA, etc.), to jointly draft the code of practice to which you refer and provide the URL link. For interest the detailed risk assessment report is available on the PLA website at:

http://www.portoflondon.co.uk/display_fixedpage.cfm/id/836

Incidentally, the risk assessment and the code were designed to apply to all rowing activity on the upper tidal Thames, whether by first time juniors or veterans. The code is not aimed specifically at "racers", because during organised events such as the various Heads, the river is closed to other traffic and different racing rules apply.

Contact him at:-

michael_laurie@wreckage.org

[Apologies for the wrong attribution--ed]

From Reg Kelso, Master Mariner

In reply to Gary Hartland's letter last week (Bow Wave Issue 383), the International Regulations for Preventing Collisions at Sea 1972, amended in 1983 and again in 1996 ALL say the same thing -"The word underway means that a vessel is not at anchor,or made fast to the shore, or aground" - the wording has not changed since I first had the Rules knocked into me, in 1944 at "Conway".

If the anchor is "aweigh" the vessel is "underway" and anchor lights or the black ball (daytime) should no longer be displayed.

Contact him at:-

charles.kelso@which.net

[This correspondence is now closed--ed]

From Cornelia Easton of Industrial & Domestic Risk Services in Cape Town.

About five months ago, five of us broke away from the whole corporate scene and started our very own broking firm based in Cape Town, South Africa.

Mitch Brown, Shannon Carambassis and I thoroughly enjoy reading Bow Wave and find it very interesting. The three of us specialize in the fishing industry from the construction phase of the vessel, navigation risks, catch, crew personal accident cover, liabilities, transit risks ashore, processing, packing and exporting of the fish overseas. We also look after our clients land based assets i.e. processing plant, buildings, offices, vehicles etc.

Contact her at:-

corneliae@idrs.co.za

From Dave Letteney:

I recently had occasion to donate my old and obsolete sextant to the Island School (see the link below), a high school level school on Eleuthera at which students spend one semester learning such topics as aquaculture, marine and tropical plant biology and ecology as well as standard educational studies. The donation was prompted by the fact that the math teacher is starting a celestial navigation course.

If any of your readers have a sextant they would like to donate, they can contact me and I will tell them how to get it to the school. (So far as I know, it is not on a FedEx or UPS delivery route). I'm also looking for copies of The American Practical Navigator or other similar textbook.

Contact Dave at:-

dletteney@verizon.net

http://www.islandschool.org

AfterOfficeHours News

The first case noted by the firm of Royston Rayzor, who are the Fifth Circuit case note reporters, appears this week in the the new Maritime Advocate Archive, the home page of our sister publication edited by Chris Hewer.

To read the cases in full go to:

http://www.avoarchive.com/

Note from the Editor

This edition of Bow Wave features a first rate column by Ted Prince which deals with the vexed question (for insurers) of chassis liability in the United States.

Time for some new solutions?

Enjoy!

2. Guest Column: Ted Prince

This week's guest writes on the intermodal world in the United States with great clarity and authority. In his latest "Moving Right Along" column, which appears courtesy of the Journal of Commerce, he addresses the vexed question of chassis liability in the United States, a long term problem in search of an insurance solution:-

Going Down the Road

The song "Goin’ Down the Road Feeling Bad" was a staple in the Grateful Dead’s concert set from 1970 until the group’s 1995 demise. Jerry Garcia apparently learned the song from Delaney Bramlett during the Trans Continental Pop Festival, a legendary 1970 tour across Canada, which featured some of the world’s biggest rock bands.

The song’s subject and tone almost make it an intermodal anthem, reflecting the inherent conflict between truckers and other intermodal players. ("Goin’ down the road feeling bad, hey, hey, hey, yeah, don’t wanna be treated this a way.")

Intermodal’s challenge has always been to "look like truck" to the end customer. A plethora of parties have worked to make the entire process "seamless" by integrating truck movements at origin and destination.

Intermodal carriers needed to find a way to interchange equipment among all the parties in a timely, efficient and equitable manner. Since the motor carrier industry had already solved this problem in the era before deregulation -- when long-haul moves involved multiple truck companies -- it seemed logical to use it as a template for the rest of the industry.

The first industry attempt at a standard contract to oversee equipment interchange occurred in 1970. The result was the original Uniform Intermodal Interchange Agreement (UIIA) that was developed and administered by the Equipment Interchange Association, a motor carrier group. Under the auspices of the Intermodal Transportation Association, formed in 1980, the UIIA continued to be revised and enhanced, providing operating efficiencies and eliminating paperwork requirements.

The UIIA is entering its fourth generation as an industry standard. Each generation correlates to a specific phase in intermodal’s development. The first generation (1970-79) was for motor carriers only. The second generation (1980-90) saw railroads join so as to manage their fleets of trailers. The third generation (1991-2004) saw the inclusion of ocean carriers as container traffic became a key component of intermodal. This latest generation will reflect the wide range of equipment providers (chassis pools, bi-modal carriers and 3PLs) and their varied requirements in areas such as equipment condition and indemnity.

In a free market, competitive tension between participants is natural.In the early 1990s, truckers, upset about incurring fines for shipments with incorrect weights, achieved passage of the Intermodal Safe Container Act of 1992, setting national standards for the intermodal movement of freight containers. To ensure that trucks hauling containers on highways were not overweight, the law required shipper certification that was passed along among ocean carriers,railroads and motor carriers.

The railroads and ocean carriers did not closely follow the legislative process -- until the rule-making was implemented. Only then did the railroads and ocean carriers respond with a flurry of activity that resulted in the Intermodal Safe Container Transportation Amendments Act of 1996, substantially modifying the 1992 act.

Since then, equipment roadability has become the leading industry issue. In 1997, the American Trucking Associations petitioned the secretary of transportation to shift the liability for out-of-service violations from the motor carrier to the "tenderer" of the equipment. This was followed by numerous attempts to legislate solutions at the individual state level. Ultimately, recognizing the patchwork approach, all players decided to work together and seek federal pre-emption.

On Dec. 21, 2006, pursuant to provisions of SAFETEA-LU, the Federal Motor Carrier Safety Administration proposed a rule-making on "chassis roadability". Comments were due March 21. The Association of American Railroads, the ATA and the Ocean Carrier Equipment Management Association were expected to submit interpretations that reflect the divergent needs of their membership.

Meanwhile, the one trade association representing all modes, the Intermodal Association of North America,seeks to find common ground through the UIIA. The Intermodal Interchange Executive Committee, a nine-member industry group that administers the UIIA, has worked diligently to develop best practices that are feasible and equitable.

Continued intermodal growth and success depends on an interdependent network of service providers. If equity and efficiency are not present in those relationships, we can no longer assume that the spectacular growth of the past 15 years will continue.

Theodore Prince is vice president,intermodal and international, at Kansas City Southern Railway. He can be contacted at:-

tprince@kcsouthern.com.

http://www.joc.com

3. TradeWinds Marine Risk Forum - Bermuda

From Jon Chaplin and Trond Lillestolen

Dear Colleague

You are cordially invited to join a top level line up of shipowners,underwriters, P&I Club managers and brokers and register for the TradeWinds Marine Risk Forum, May 10th-11th 2007 at the Fairmont Hamilton Princess, Bermuda.

Programme:

The programme has been designed around the needs of shipowners and risk managers and will examine the nature of the relationship between owners, brokers and
underwriters, the state of the hull and P&I markets and other sectors such as war risks, loss of hire and builders’ risk. The full programme can be found here:-

http://www.tradewinds.no/multimedia/archive/00083/Brochure_120307_LowR_83820a.pdf

Speakers include:

--Per A. Arneberg, Fram Shipping Ltd
--Dev Hildebrand, Director, Marine Insurance & Claims Teekay Shipping Corporation
--Mikael Livijn, Lawyer (LL.M.) Head of Insurance, Wallenius Marine AB
--Lou Kollakis, Chairman Chartworld Shipping Corporation --Mr Vasilis Bacolitsas Pioneer Tankers Shipping Corp --Dr Andreas Opatz, Managing Director, Koenig & Cie --Jens Alers, Joint Managing Director, Dorchester Atlantic Marine
--Capt Jonathan R Stoneley, Marine Claims & Compliance Manager Cargill -- Ocean Transportation
--Ole Wikborg, Director Norwegian Hull Club
--Tom Midttun, Managing Director/Senior Partner Northedge Risk Services AS --Richard Turner, Business Manager, London Market Marine Royal & SunAlliance
--Andrew Sturdy, Managing Director SSL Insurance Brokers Ltd --John Lapsley, CEO Benfiled Corporate Risk
--Steve Beslity, Deputy Chief Executive Benfield Corporate Risk --Richard Close-Smith, Executive Director Willis Ltd --Bjorn Hildan, Managing Director / CEO Bluewater Insurance --Tore Forsmo, Managing Director CEFOR
--Douglas Jacobsohn, President & CEO Skuld
--Mr Malcolm Godfrey, Senior Divisional Director -- Global Risks, Arthur J Gallagher (UK) Ltd
--Ugo Salerno, CEO, RINA
--Mike Salthouse, Director, North Insurance Management Ltd, North of England P&I Association
--Paul Hinton, Chief Executive A. Bilbrough & Co. Ltd --Ivar T. Brynildsen, Senior Claims Executive Gard Services AS --Chris J. Wiernicki, President and Chief Operating Officer, ABS --Nicholas Taylor, Senior Vice President Marine & Energy Marsh Ltd --William Robinson, Underwriting Technical Director, Charles Taylor & Co. Ltd
--Trond Lillestolen, Publisher TradeWinds

Travel & Accommodation

If you are travelling via London, please bear in mind that British Airways operates a limited service and you are strongly advised to book or reserve your flight as soon as possible. We have also secured favourable rates for delegates at the Fairmont Hamilton & Southampton Princess so please refer to the TradeWinds Marine Risk Forum when making your reservation. If you experience any problems securing accommodation, please contact the organisers directly on

info@nhstevents.com

Finally, a lively social programme is planned including a Welcome Reception at the Bermuda Royal Yacht Club kindly hosted by AON Global Marine and Dinner at the Commissioner’s House kindly hosted by Dorchester Atlantic Marine, SIGCo and Bermuda Container Line. For delegate spouses, we have organised access to the private Coral Beach and Tennis Club situated in 26 acres of sub-tropical grounds overlooking the South Shore.

As a delegate, you will learn from people with recent real experience and network with the industry’s finest minds and personalities. The Forum will provide you with the insight and knowledge, and contacts to help improve your company’s day to day operations and we greatly encourage you to register now to secure your delegate place. To register, please download and fax back the form included in the brochure.

Registration

Please complete the registration form on the brochure (link below) and fax it to +44 207 842 2705

http://www.tradewinds.no/multimedia/archive/00083/Brochure_120307_LowR_83820a.pdf

We look forward to seeing you in Bermuda!

4. Don't Lose That Card

TruckPol, the specialist police unit that fights truck and trailer related crime says truckers are losing fuel cards to thieves. Typically, drivers leave the cards behind a sun visor, often with the Pin written down helpfully close by. TruckPol's Andy Round says that this sort of theft is easy to avoid, just needing people to use a little common sense and to remember that the bad guys are watching, all the time.

andrew.round@avcis.pnn.police.uk

[Thanks to Robin Dickerson's Transport News Brief]

5. Q&A Turnpike

Taken from World Wide Words, Michael Quinion's weekly e-zine on the derivation of words:-

Q. I wish to know the origin of the word "turnpike". A friend told me a story about a farmer laying turning spikes in his field to mark his territory. Is it true? [Adi Piltz]

A. There's just a grain of truth in it.

The original turnpikes - dating from the fifteenth century - were indeed spiked barriers, but they were designed to be placed across roads to prevent sudden attack by men on horseback. Later ones were horizontal timbers fitted with spikes, a version of what is called a cheval de frise, but the Oxford English Dictionary suggests that the mounting timbers of the originals may have been vertical, since a slightly later sense was of a horizontal cross of timbers turning on a vertical pin, set up to exclude horse-traffic from a footpath, which is essentially the device we now call a turnstile.

The word itself doesn't come from "turning spikes", but from "turn" and "pike", the latter in the old sense of an infantry weapon with a pointed steel or iron head on a long wooden shaft. It's the inclusion of "turn" here that suggests the pikes were the barrier, which could be turned aside about a vertical pivot to allow access.

From the middle of the seventeenth century onwards, various acts of Parliament created new toll roads in various parts of Britain. They were run by trusts, the tolls supposedly being put towards the cost of maintenance. Early toll gates were modelled on the old turnpike barriers and so the roads became known as turnpike roads, later shortened to just turnpikes.

http://www.worldwidewords.org

6. And Finally...

Many thanks to Paul Dixon's Joke of the Day for these:-

CLASSIFIED ADS

2 female Boston Terrier puppies, 7 wks old, Perfect markings, 555-1234. Leave mess.

Lost: small apricot poodle. Reward. Neutered. Like one of the family.

A superb and inexpensive restaurant. Fine food expertly served by waitresses in appetizing forms.

Dinner Special -- Turkey $2.35; Chicken or Beef $2.25; Children $2.00.

For sale: an antique desk suitable for lady with thick legs and large drawers.

Four-poster bed, 101 years old. Perfect for antique lover.

Now is your chance to have your ears pierced and get an extra pair to take home, too.

Wanted: 50 girls for stripping machine operators in factory.

We do not tear your clothing with machinery. We do it carefully by hand.

For Sale. Three canaries of undermined sex.

For Sale -- Eight puppies from a German Shepherd and an Alaskan Hussy.

Great Dames for sale.

Have several very old dresses from grandmother in beautiful condition.

Dog for sale: eats anything and is fond of children.

JokeoftheDay-subscribe@yahoogroups.com

P.S. from Erich Lieb of the Winterthur in Switzerland

A magician was working on a cruise ship in the Caribbean. The audience was different each week, so the magician could do the same tricks over and over again.

There was only one problem: The captain's parrot saw the shows each week and began to understand how the magician did every trick.

Once he understood he started shouting in the middle of the show: "Look, it's not the same hat."
"Look, he is hiding the flowers under the table." "Hey, why are all the cards the Ace of Spades ?" The magician was furious but couldn't do anything, it was after all, the Captain's parrot.

One day the ship had an accident and sank. The magician found himself adrift on a piece of wood in the middle of the ocean and with the parrot, of course.

They stared at each other with hate, but did not utter a word. This went on for a day, then another, and another.

After a week the parrot said: "OK, I give up. Where is the boat ?"

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