Shipowners and their sea staff are becoming increasingly subject to the same basic and internationally recognised conventions and guidelines. These in turn are reflected into national legislation and are subject to Port State, as well as Flag State, control. However, in reality there are three influences affecting commercial shipping. They are, first the market, with its emphasis on rates, supply and demand; secondly, the availability of resources involving people, finance and ships; and thirdly, the legal framework, both statutory and commercial.

Because legislation has played such a dominant role in maritime affairs in recent years it has often been assumed that the law must be used to control shipping operations. Such an assumption is misguided, for it is essential in any form of healthy endeavour that practitioners be able to exploit opportunities, take risks and innovate. Similarly, the law can never replace command and management because it is unable to provide rewards, only penalties.

All professionals are faced with a dilemma when they are tempted by a reward to engage in activities which might be dishonest, against the public interest or likely to put lives or other people's property at risk. There are also many situations, which arise where a number of choices can be made and where guidance is needed. Ultimately the viability of an industry and service to society must provide the orientation for good conduct because that is the only way of preserving the future.

The code is voluntary and sets standards, which should be followed, in normal circumstances. It identifies those areas of shipping activity where safety takes precedence over commercial considerations.

It is with these introductory remarks in mind that the following Code of Conduct for Nautical Processionals has been developed. The code is divided into seven sections. The Council of The Nautical Institute asks that this Code of Conduct be promulgated to employers, employees and new entrants to the shipping industry.

1. Service and conflict of interest.
2. General - navigation, safety, protection of the marine environment and emergency response.
3. Distress and lifesaving.
4. Seaworthiness.
5. Cargo care and security.
6. Competence.
7. Professional development.

SECTION 1
Service and conflict of interest

Nautical professionals should:
1.1 Carry out their responsibilities with integrity in a conscientious and diligent manner.
1.2 Carry out their duties safely and efficiently in support of the marine venture and the public's interest.
1.3 Operate and maintain their ship(s) efficiently and in good order.
1.4 Not take personal benefit contrary to the interests of their professional duties.
1.5 Safeguard the security of confidential information.
1.6 Comply with regulations and in particular the provisions of international legislation and codes.

NOTES

1. All individuals in positions of responsibility who make decisions which affect the safety and performance of other people must be expected to act in good faith and at least to a level of competence appropriate to the required industry standards.
2. Shipowners, managers and those responsible for the employment of seafarers have a duty to provide reasonable conditions of employment as laid down in ILO Convention 147
3. Seafarers have a duty to serve their employers and ensure that the ship is operated efficiently and to high standards in accordance with the good practice of seamen.
4. Because the activities on board any ship cannot be monitored directly from the shore those on board have a duty to prevent loss, avoid waste and manage resources efficiently.
5. Defects or requirements for repair must be reported to the owner, charterer or ship manager and appropriate steps taken at the first available opportunity to make such good and, where such affects the safely of the ship, prior to proceeding on a further voyage or passage.
6. The nautical professional owes duties of service, competence and integrity to his/her employer(s), fellow professionals including those serving under him, and to the public. The public includes those he is serving - e.g. cargo owners, and the public who may be affected or injured or suffer loss through his professional conduct.
7. It is a fundamental breach of employment law to take an undisclosed benefit from a third party in the course of one's employment. If in the course of one's duties, one may gain a benefit from someone else without breaching one's professional responsibilities, there is an obligation to disclose such benefits to the employer first and, if in any doubt, reject it.

SECTION 2
General - Navigation, safety protection of the marine environment and emergency response.

Nautical professionals should:
2.1 Navigate safely.
2.2 Take all reasonable care to ensure that working areas and living quarters are safe and healthy.
2.3 Ensure that safe working practices and safety of personnel are followed.
2.4 Take all reasonable care to protect the marine environment from discharges of polluting substances and to dispose of waste materials in an environmentally friendly way.
2.5 Prepare emergency response plans and carry on appropriate practices to ensure that the safeguards will work when needed.
2.6 Ensure that in an emergency the saving of life takes precedence.

NOTES

1. Safety navigation implies that voyages are properly planned, that nautical publications are up to date and equipment is operational. The bridge organisation is such that an error or omission by one person will not lead to a collision or stranding and the ship will not be put into a situation of uncontrollable risk.
2. Safe working practices must be encouraged at all times to avoid accidents and injury. They need to be supported by management and implemented by example. Incidents or near accidents should be discussed with the purpose of preventing a recurrence.
3. There is a general and increasing awareness that the sea and the life it supports can be irreversibly damaged by pollution. All reasonable precautions should be taken to avoid discharges of pollutants. It is essential to have an effective system on board for monitoring compliance with the provisions of the MARPOL Convention and a properly prepared contingency plan to mitigate the effects of a polluting accident.
4. Preparing for the unexpected is an effective response to potential danger. Time has to be set aside at regular intervals so that everybody on board knows what is expected of them in an emergency.
5. Where choices have to be made about protecting the ship, cargo, property and the marine environment, the preservation of human life must take precedence.

SECTION 3
Distress and lifesaving

Nautical professionals should:
3.1 Keep a proper watch for distress and emergency situations and take appropriate action to render assistance.
3.2 Regularly exercise equipment and procedures for lifesaving, be it man overboard, personal injury, or assistance to others.

NOTES

1. In spite of new technology and of aircraft for search and rescue, assistance to those in distress at sea can usually only be provided by other vessels. Although helicopters, of course, can be used in coastal areas they do have a limited range and payload. It is, therefore, essential that a proper response be given to any distress call. This is a requirement in international law and no private agreement can release a nautical professional from this public duty.
2. Because of this requirement it is essential that all reasonable steps be taken to keep distress alerting equipment in good condition. Every care should be taken to prevent false alarms. If a false alarm is made, the Master of the ship concerned must inform the appropriate rescue co-ordination centre for the area without delay.

SECTION 4
Seaworthiness

Nautical professionals should:
4.1 Ensure the ship is seaworthy and cargoworthy for each stage of the voyage.

NOTES

Seaworthiness, although dependent upon circumstances, is an absolute requirement in law as a condition of carriage. It means that the ship should be fit for the intended voyage, properly manned, with appropriate equipment in working order, and able to withstand the sea conditions that may be encountered.

Seaworthiness applies to the ship's equipment as it does to the ship itself, and the nautical professional should ensure the ship is fitted with the appropriate equipment including, but without limitation, the navigational, safety, firefighting, lifesaving and emergency equipment, and that it is in operational order. Coincidentally, the nautical professional should ensure that the hull, tackle and machinery are in good repair, that the ship is manned by an efficient crew and supplied with adequate fuel, stores, and as necessary, ballast.

The ship should be cargo-worthy, sufficiently strong and with the necessary equipment and securing measures to ensure the safe carriage of the cargo in such a way that it does not deteriorate during the voyage. Vessels carrying liquid cargoes should be able to segregate pump and preserve the cargo in a fit condition during the voyage.

SECTION 5
Cargo care and security

Nautical professionals should:
5.1 Take all reasonable steps to ensure the cargo is loaded, transported and delivered in good condition.
5.2 Take all reasonable precautions to preserve and safeguard the ship, its equipment and fittings.
5.3 Take all reasonable precautions to prevent unlawful acts from taking place on board.

NOTES

1. The cargo owner has a right to expect that those on board will care for the cargo during loading, transport and discharge. Those on board have a right to expect that the ship can load at a safe port and that the loading sequence will not adversely affect the stability or inherent strength of the vessel. Similarly, the cargo must be properly stowed and secured prior to sailing.
2. For vessels carrying liquid and hazardous cargoes the master and officers should take all reasonable steps to minimise accidental spills and discharges, to ensure that all tanks are in a fit condition for the cargo, that contamination is avoided, that proper safety precautions are followed and that the tank atmospheres are safe. Plans, equipment and procedures should be ready to contain accidental spills or discharges
3. The shipowner or manager has a right to expect that the crew will safeguard the ship against theft and unlawful acts, by keeping a deck watch in port and maintaining reasonable security at all times.
4. It is the duty of the master, supported by the officers, to preserve good order on board and to take all reasonable precautions to inhibit and prevent acts of violence breaches of the law, both relating to the flag and Port State.
5. In particular, masters and officers should aim to prevent drug trafficking, breach of immigration laws, smuggling and contraband. A diligent search for stowaways should be carried out prior to sailing.
6. Adequate records of the ship's or shipowner's property should be maintained, including all equipment and stores, to ensure a proper accounting for the property and its use of expenditure. Adequate records of cargo, including particularly special or valuable cargo, and of its loading and discharge should also be kept.

SECTION 6
Competence

Nautical professionals should:
6.1 Take all reasonable measures to become competent by qualification and experience to perform the services to which they are appointed to undertake.
6.2 Take all reasonable measures to maintain, up-grade and up-date qualifications and competence.
6.3 Encourage and support the training of sub-ordinates and ensure their competence for the duties and responsibilities assigned or delegated to them.
6.4 Seek to keep up to date with new developments.
6.5 Co-operate with other professionals and individuals to ensure the best outcome of the marine venture or commission.

NOTES

1. Ships are not inherently safe places of work. Consideration of stability, strength, safe stowage, hazardous substances, power applications, sea conditions and other risks means that professional mariners of all denominations owe a duty of care to fellow members to be competent.
2. Unlike factories, which do not move, ships - when under way- are at risk from other ships, the weather conditions and their proximity to land. Nautical professionals should be competent to ensure that no ship is put at risk through ignorance or inadequate training.
3. Those in responsible positions on board have a duty to ensure that subordinates have the opportunity to become properly qualified, competent and trained.
4. Industry and naval practices continually evolve in response to competitive influences. Similarly, work patterns change and new methods of operation have to be introduced. It is therefore essential for those in responsible positions to keep up to date with new development, including changes in the law and technological innovation.
5. Shipping enterprise involves the work of many different professionals such as naval architects, marine engineers, shipbrokers, accountants, computer specialists and personnel managers. On board there may also be a variety of disciplines. Increasingly, for effective management, professionals should co-operate to ensure that the specialist skills are applied appropriately in pursuit of the aim of the marine venture.
6. Competence involves not only the understanding of theory and principles but also the adequate knowledge of up-to-date practice and procedures. It also involves such nautical knowledge and procedures as may have to be relied upon in the event of technological or equipment failure, breakdown, accident or emergency.

SECTION 7
Professional development

Nautical professionals should:
7.1 At all times so order their conduct so as to uphold the dignity, reputation and standards of the profession and to safeguard the public interest in matters of safety, health and environmental protection.
7.2 Contribute actively to the development of professional standards and to the development and training of subordinates.
7.3 Uphold the reputation of The Nautical Institute by observing the provisions of the constitution, bylaws and code of conduct.

NOTES

1. It is the responsibility of masters and commanding officers to exercise command and set the highest personal and professional standards.
2. It is the responsibility of shipowners, managers, charters and naval commanders to ensure that proper professional standards are upheld within the shore administrations in support of sea staff, and to issue instructions for safe and seamanlike operation of their ships to masters and commanding officers.
3. The opinion held by the public of the nautical profession is influenced by the media, personal contact, performance and reliability, trustworthiness and a variety of subjective assessments. These attach both on duty and off duty and require individuals to conduct themselves with integrity at all times.
4. Professional standards need to be developed in response to new working practices and professionals should also take a lead in promoting sound working practices. This can best be achieved through discussion and involvement. Society benefits from professional standards and professional organisations should contribute to the development of both national and international regulations.
5. Shipowners, charterers, managers, masters and commanding officers should also ensure that the necessary plans, equipment and procedures for emergency duties in the event of equipment breakdown or accidental spill or pollutants or other harmful substances are in place and regularly exercised.
6. Duties or responsibilities delegated by authority or assumed by personnel under the master or command officer, remain the responsibility of the master or commanding officer who should ensure that those to whom duties and responsibilities are delegated are qualified and competent to carry them out.
7. The aim and objectives of The Nautical Institute have been designed to meet the requirements for the nautical profession. By joining, supporting and complying with the provisions of the constitution, individuals can contribute effectively to the development of their profession.