Question 54 TV01 - Towing Vessels - Oceans or Near Coastal

The S.S. Ossel Hitch arrives in Capetown, South Africa, and the Master affects a note of protest with the U.S. Consul. Why would the Master affect this document?

A Suspicion of cargo pilferage by crew
B Inability of vessel to comply with voyage charter
C Suspicion of heavy weather damage to vessel or cargo
D Crew misconduct
AI Explanation

The Correct Answer is C ### Explanation for Correct Answer (C) **Suspicion of heavy weather damage to vessel or cargo** is the correct reason. When a ship experiences severe weather, grounding, collision, or any event that might have caused damage to the vessel or its cargo (or even delays that might lead to cargo damage), the Master of the vessel must protect the shipowner’s and charterer’s interests. This is done by **noting protest** (or affecting a note of protest). This action formally records that an extraordinary event occurred, potentially limiting liability for damages discovered later upon discharge. The Note of Protest is typically formalized by the Master before a Notary Public, a U.S. Consul (if in a foreign port), or other competent authority, detailing the circumstances and reserving the right to extend the protest later. This process is standard maritime procedure following heavy weather. ### Explanation for Incorrect Options **A) Suspicion of cargo pilferage by crew:** While pilferage is a serious issue, the Master would typically address this internally through investigation, disciplinary action, and potentially reporting it to local police or the vessel's P&I club. It does not typically necessitate the formal act of noting protest with a U.S. Consul, which is reserved for major events affecting the seaworthiness of the ship or the safety of the cargo (like heavy weather). **B) Inability of vessel to comply with voyage charter:** Issues related to charter party performance (such as delays, speed, or fuel consumption) are contractual disputes. These are handled through communication with the charterers, issuing notices of readiness, or, if necessary, arbitration or litigation, not by noting protest with the U.S. Consul upon arrival. **D) Crew misconduct:** Standard crew misconduct (e.g., insubordination, drunkenness, minor discipline issues) is handled by the Master using the ship's internal disciplinary procedures and logging the incident in the Official Logbook. Only extreme incidents, such as mutiny or desertion that severely impact the voyage, might involve consular assistance, but general misconduct does not require the formal maritime act of noting protest to protect the vessel’s liability regarding cargo.

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