Command & Legal Responsibility
The master's authority is not delegated by the company — it is recognised by convention and by law, and it cannot be signed away.
What the paper asks
The master's overriding authority under the ISM Code; duties to render assistance; the relationship with owners, charterers, pilots and agents; note of protest; and the master's position in an investigation.
The concepts, in order
Overriding authority is explicit. The ISM Code requires the company to state in the safety management system that the master has overriding authority and responsibility to take any decision for safety and pollution prevention, and to request the company's assistance. Commercial pressure does not qualify it.
The duty to assist is absolute. A master receiving a distress signal must proceed with all speed to assist, unless unable or unreasonable in the circumstances — and the reason must be recorded in the log.
The pilot advises; the master commands. Presence of a pilot does not relieve the master of responsibility for the safety of the ship. Nor does a compulsory pilotage requirement.
A note of protest preserves a position. Entered before a notary at the first opportunity, it records that the ship encountered conditions that may have caused damage, and it protects against later claims. It is a shield, not a remedy.
Where marks are lost
- Suggesting the company can override the master on safety. The Code says the opposite.
- Failing to log the reason for not proceeding to a distress.
- Assuming pilotage transfers responsibility.
- Leaving a note of protest until after cargo is discharged. Enter it at the first opportunity.
- Master's overriding authority is stated in the SMS.
- Duty to assist unless unable — and log the reason.
- The pilot advises; the master commands.
- Note of protest at the first opportunity.
- Escalate early; it is never criticised.