Saturday, May 28, 2011

UNCLOS 1982

Introduction

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the most comprehensive attempt at creating a unified regime for governance of the rights of nations with respect to the world's oceans. The treaty addresses a number of topics including navigational rights, economic rights, pollution of the seas, conservation of marine life, scientific exploration, piracy, and more. The treaty, one of the longest in history, is comprised of 320 articles and 9 annexes, representing the codification of customary international law and its progressive development.

Historical Background

Since humanity first set forth upon the seas, the issue of sovereign control over the oceans has been an ongoing concern. Prior to the 20th century, the oceans had been subject to the freedom of the seas doctrine. This principle, adopted in the 17th century, limited national rights and jurisdiction over a narrow band of water along a nations coast, the rest of the sea being free to all and belonging to none. Nearly a century later, the "cannon-shot" rule became the basis for determining how much of the adjacent oceans were under the jurisdiction of a nation. The cannon-shot rule set forth that a nation controlled a territorial sea as far as a projectile could be fired from a cannon based on shore. In the 18th century this range was approximate three nautical miles. As time progressed, three miles became the widely accepted range for the territorial sea.[1]
Due to the slow pace of technological developments prior to the Industrial Revolution, these simple rules provided effective governance of the world's oceans. With the technological developments of the mid-19th and early-20th centuries, however, not only did ships become more powerful, but technology allowed humanity to exploit ocean resources that had never before been envisioned. Fishermen, once limited to areas near their own coasts, were now equipped with vessels that could allow them to stay at sea for months at a time and capture fish harvests that were far from their native waters. Virtually unrestrained, fleets from around the world traveled to areas rich in fish-stocks. The lack of restraint on the part of these fishermen resulted in fish stocks around the world being depleted without regard to the stability of their numbers.[2]
Evolving technology also allowed for the exploitation of previously inaccessible off-shore resources, most notably oil (but also diamonds, gravel, and precious metals). To illustrate the rapidity of these developments, in 1947 off-shore oil production in the Gulf of Mexico was still less than 1 million tons. By 1954, production had grown close to 400 million tons.[3] As a matter of perspective, just in the Gulf of Mexico, the United States alone currently produces 218,192 tons daily, for a total of 79.6 million tons annually, reflecting a steadily decreasing trend that began in the 1970's.[4]

In order to protect local resources, be they biological or mineral, nations began expanding their claims of sovereignty beyond the traditional 3 mile limit. The first nation to challenge the long-standing freedom of the seas doctrine was the United States. On September 28, 1945, President Harry S. Truman signed what has become commonly known as the Truman Proclamation. The proclamation set a claim of sovereignty by the United States to the outer continental shelf (OCS) and the resources therein as well as establishing the right of the U.S. to establish conservations zones "in areas of the high seas contiguous to the coasts of the United States."[5] While recognizing some limited sovereignty over an expanded region of the sea, the proclamation was careful to stipulate that the new US policy did not affect "the right [of] free and unimpeded navigation."[6]
After the United States expanded its claim, it was not long before other nations followed suit. By 1950, Argentina was actively claiming its continental shelf as well as the water column above it, Ecuador, Chile, and Peru were asserting rights over a 200-mile zone in order to protect its biological resources from foreign fleets, and a spate of Arab and Eastern European nations were laying claim to a 12-mile territorial sea. There was a growing understanding, however, that such a fractured regime could not continue.[7]
For further information pls click below link:-

UNCLOS 1982

MLC 2006

MARITIME LABOUR CONVENTION 2006
An ILO cinvention which consolidates in the document up to date standard of various older ILO Maritime Convention .


http://www.dnv.com/binaries/6.1%20MLC%202006%20convention%20text_tcm4-273727.pdf

What is Demurage ,Despatch and Deadfreight

Demurage
The money payable to the owner for delay for which the owner is not responsible in loading and or/discharging after the laytime has expired.

Despatch
The money payable by the owner if ship complete loading or discharging before the laytime has expired .

Deadfreight
This term is applied to the sum of payable to the shipowner when the charter has failed to load a full and complete cargo in accordance with the provision of the contract .

Sunday, March 13, 2011

Best Management Practise For Somali Piracy Attack

1.1
(BMP) contained in this booklet is to assist ships to avoid, deter
or delay piracy attacks off the coast of Somalia, including the
Gulf of Aden (GoA) and the Arabian Sea area. Experience,
supported by data collected by Naval forces, shows that the
application of the recommendations contained within this
booklet can and will make a significant difference in preventing
a ship becoming a victim of piracy.
The purpose of the Industry Best Management Practices
1.2
of violence against ships, her crew and cargo. This includes
armed robbery and attempts to board and take control of the
ship, wherever this may take place.
For the purposes of the BMP the term ‘piracy’ includes all acts
1.3
to the Maritime Security Centre – Horn of Africa website
(www.mschoa.org), which provides additional and updating
advice.
Where possible, this booklet should be read with reference
1.4
the 2
published in August 2009.
This BMP3 booklet updates the guidance contained withinnd edition of the Best Management Practice document
1.5
latest IMO MSC Circulars
This booklet complements piracy guidance provided in the
IMPORTANT: The extent to which the guidance given in this booklet
is followed is always to be at the discretion of the Ship
Operator and Master.
Introduction
Section 1
2
3
Somali Pirate Activity –
The High Risk Area
Section 2
2.1
in the Gulf of Aden, concentrated on the Internationally
Recommended Transit Corridor (IRTC), has significantly
reduced the incidents of piracy attack in this area. With Naval
forces concentrated in this area, Somali pirate activity has
been forced from the Gulf of Aden out into the Arabian Sea.
It is important to note, however, that there remains a serious
threat from piracy in the Gulf of Aden.
The significant increase in the presence of Naval forces
2.2
land and at extreme range from the Somali coast, and continue
to do so.
Somali based pirate attacks have taken place both close to
2.3
the piracy attacks have taken place. For the purposes of the
BMP, this is an
and 78°E
extreme East of this area, they have taken place at almost 70°-E
There remains the possibility that piracy attacks will take place
even further to the East of the High Risk Area. Attacks have
occurred to the extreme South of the High Risk Area. A high
state of readiness and vigilance should be maintained even
to the South of the Southerly limit of the High Risk Area and
the latest advice from MSCHOA on the extent of pirate activity
always sought (contact details are contained in Annex A).
recommended that the BMP is applied throughout the High
Risk Area
The High Risk Area for piracy attacks defines itself by wherearea bounded by Suez to the North, 10°S. While to date attacks have not been reported to theIt is.
4
5
Risk Assessment
Section 3
3.1
Masters should carry out a risk assessment to assess the
likelihood and consequences of piracy attacks to the vessel,
based on the latest available information (see Annex A for
useful contacts, including MSCHOA and UKMTO). The output
of this risk assessment should identify measures for prevention,
mitigation and recovery, which will mean combining statutory
regulations with supplementary measures to combat piracy.
Factors to be considered in the risk assessment should
include, but may not be limited to, the following:
Prior to transiting the High Risk Area, Ship Operators and
3.2
the safety of the crew. Care should be taken, when formulating
measures to prevent illegal boarding and external access to
the accommodation, that crew members will not be trapped
inside and should be able to escape in the event of another
type of emergency, such as, for example fire.
Crew Safety: The primary consideration should be to ensure
6
3.3
being attacked at the lowest point above the waterline, making
it easier for them to climb onboard. These points are often
on either quarter. Experience suggests that vessels with a
minimum freeboard that is greater than 8 metres have a much
greater chance of successfully escaping a piracy attempt
than those with less. A large freeboard will provide little or no
protection if the construction of the ship provides assistance to
pirates seeking to climb onboard.
Freeboard: It is likely that pirates will try to board the ship
A large freeboard alone may not be enough to deter a pirate attack.
3.4
attack is by using speed to try to outrun the attackers and/or
make it difficult to board. To date, there have been no reported
attacks where pirates have boarded a ship that has been
proceeding at over 18 knots. It is possible however that pirate
tactics and techniques may develop to enable them to board
faster moving ships.
Full Sea Speed in the High Risk Area
‘Group Transit’ (see section 8.3 on page 17 for further details of
Group Transits) within the International Recommended Transit
Corridor (IRTC), speed may be required to be adjusted.
In the Gulf of Aden, ships capable of proceeding in excess
of 18 knots are strongly recommended to do so. Within the
remainder of the High Risk Area ships are reminded that
speed is extremely important in avoiding or detering a pirate
attack. It is recommended that reference should be made to
the MSCHOA website for the latest threat guidance regarding
pirate attack speed capability.
Speed: One of the most effective ways to defeat a pirateShips are recommended to proceed at. If a vessel is part of a
7
3.5
even where they are supported by larger vessels or ‘mother
ships’, which tends to limit their operations to moderate sea
states. While no statistics exist, it is likely to be more difficult to
operate these small craft effectively in sea state 3 and above.
Sea State: Pirates mount their attacks from very small craft,
3.6
immediately following the release of a hijacked vessel and/or
following a period of poor weather when pirates have been
unable to operate.
Pirate Activity: The risk of a piracy attack appears to increase
8
9
4.1
open boats or ‘skiffs’ are used in attacks, often approaching
from either quarter or the stern. Pirates appear to favour trying
to board ships from the port quarter.
Commonly, two or more small high speed (up to 25 knots)
4.2
equipment, supplies and smaller attack craft, has enabled
attacks to be undertaken at a greater range from the shore.
Pirates are also using larger long range attack craft to attack
at much greater distance from the Somali Coast.
The use of a pirate ‘mother ship’, carrying personnel,
4.3
being attacked to enable one or more armed pirates to climb
onboard. Pirates frequently use long lightweight ladders to
climb up the side of the vessel being attacked. Once onboard
the pirate (or pirates) will generally make their way to the
bridge to take control of the vessel. Once on the bridge the
pirate/pirates will demand that the ship slows/stops to enable
further pirates to board.
Somali pirates seek to place their skiffs alongside the ship
Typical Pirate Attacks
Section 4
10
4.4
many pirate attacks have taken place early in the morning,
at first light. Attacks have occurred at night, but this is less
common.
Attacks have taken place at most times of the day. However,
4.5
Propelled Grenades (RPGs) in an effort to intimidate Masters
of ships to reduce speed and stop to allow the pirates to
board. In what are difficult circumstances, it is very important
to maintain Full Sea Speed, increasing speed where possible,
and using careful manoeuvring to resist the attack.
It is not uncommon for pirates to use small arms fire and Rocket
4.6
crew who have planned and trained in advance of the passage
and applied the BMPs contained within this booklet.
The majority of attempted hijacks have been repelled by ship’s
11
5.1
for every ship type. Therefore, as part of the Risk Assessment,
it is important to determine which of the BMP will be most
suitable for individual ships.
Not all measures discussed in this booklet may be applicable
5.2
Naval forces. This is to ensure that Naval forces are aware
of the sea passage that a ship is about to embark upon and
how vulnerable that ship is to pirate attack. This information
is essential to enable the Naval forces to best use the assets
available to them. Once ships have commenced passage it
is important that they continue to update the Naval forces on
progress. The three key Naval organisations to contact are:
An essential part of BMP that applies to all ships is liaison with
5.2.1
is the planning and coordination authority for EU forces
(EU NAVFOR) in the Gulf of Aden and the Somalia
Basin. (See contact details at Annex A.)
The Maritime Security Centre – Horn of Africa (MSCHOA)
5.2.2
The day-to-day interface between Masters and Naval
forces is provided by UKMTO, who talk to the ships and
liaise directly with MSCHOA and the Naval commanders
at sea. UKMTO require regular updates on the position
and intended movements of ships. They use this
information to help the Naval units maintain an accurate
picture of shipping. (See contact details at Annex A). A
copy of the UKMTO Vessel Position Reporting Form is
attached at Annex B.
UKMTO is the first point of contact for ships in the region.
5.2.3
as a conduit for information exchange between the
Combined Maritime Forces (CMF) and industry within
the region. (See contact details at Annex A).
The Martime Liaison Office Bahrain (MARLO) operates
Implementing BMP
Section 5
12
13
6.1
access to the restricted sections of the MSCHOA website
(www.mschoa.org) prior to entering the High Risk Area as it
contains additional and updated information.
It is strongly recommended that ship operators register for
6.2
Risk Area) – an area bounded by Suez to the North, 10°S and
78°E – ensure that a UKMTO Vessel Position Reporting Form
is sent (this can be done by either the ship or ship operator).
On entering the UKMTO Voluntary Reporting Area (or High
6.3
Recommended Transit Corridor (IRTC), ensure that a ‘Vessel
Movement Registration Form’ has been submitted to MSCHOA
(either on line, by email or by fax –see contact details at
Annex A)
4-5 days before the vessel enters the International
6.4
implementation of the Ship Security Plan (SSP), as required
by the
Review the Ship Security Assessment (SSA) andInternational Ship and Port Facility Security Code
(ISPS), to counter the piracy threat, including the addition of
UKMTO (as a recognised emergency response authority), as
an SSAS recipient.
6.5
a contingency plan is in place for a passage through the High
Risk Area, and that this is exercised, briefed and discussed
with the Master and the Ship Security Officer (SSO).
The Company Security Officer (CSO) is encouraged to see that
6.6
that have been promulgated (by for example Navigational
Warnings on SAT C or alerts on the MSCHOA website –
www.mschoa.org.
Be aware of any specific threats within the High Risk Areas
Company Planning
Section 6
14
6.7
recommended routeing through the High Risk Area and
available methods of transiting the IRTC (eg Group Transit
or national convoy where these exist). Reference should be
made to the MSCHOA website for the latest routeing guidance
(see contact details at Annex A).
Offer the Ship’s Master guidance with regard to the
6.8
sessions post transits.
Conduct crew training sessions prior to transits and debriefing
6.9
Protection Measures
Area is very strongly recommended. Suggested SPMs are set
out within this booklet. The use of SPMs significantly increases
the prospects of a ship resisting a pirate attack.
The provision of carefully planned and installed Self(SPMs) prior to transiting the High Risk
6.10
numbers.
Consider additional resources to enhance watch-keeping
6.11
discretion of the company, but the use of armed guards is not
recommended.
The use of additional private security guards is at the
15
Masters’ Planning
Section 7
7.1
Risk Area) – an area bounded by Suez to the North, 10°S and
78°E – ensure that a UKMTO Vessel Position Reporting Form
is sent (this can be done by either the ship or ship operator).
On entering the UKMTO Voluntary Reporting Area (or High
7.2
Recommended Transit Corridor (IRTC) ensure that a ‘Vessel
Movement Registration Form’ has been submitted to MSCHOA
(either online, by email or fax – see contact details at Annex A).
4-5 days before the vessel enters the Internationally
7.3
the crew should be briefed on the preparations and a drill
conducted prior to arrival in the area. The plan should be
reviewed and all personnel briefed on their duties, including
familiarity with the alarm signal signifying a piracy attack, an
all clear and the appropriate response to each.
Prior to entry into the High Risk Area it is recommended that
7.4
communication plan, to include all essential emergency contact
numbers and prepared messages, which should be ready
at hand or permanently displayed near the communications
panel (eg telephone numbers of MSCHOA, IMB, PRC, CSO
etc – see list of Contacts at Annex A).
Masters are advised to also prepare an emergency

Guidelines on Early assesment of Hull Damage and Possible need for abandonment of Bulk Carriers

GUIDELINES ON EARLY ASSESSMENT OF HULL DAMAGE AND
POSSIBLE NEED FOR ABANDONMENT OF BULK CARRIERS
1 The Maritime Safety Committee, at its seventy-sixth session (2 to 13 December 2002),
considered recommendations for decision-making emanating from various formal safety assessment
(FSA) studies on bulk carrier safety. In particular, the Committee agreed that a circular should be
prepared addressing bulk carriers which may not withstand flooding of any one cargo hold and
containing information on the action to be taken in case of flooding of such holds, making sure that
the professional judgement of the master is not undermined.
2 The Committee, at its seventy-ninth session (1 to 10 December 2004), having considered the
recommendations made by the Sub-Committee on Ship Design and Equipment at its forty-sixth
session, the Sub-Committee on Safety of Navigation at its forty-ninth and fiftieth sessions and the
Sub-Committee on Standards of Training and Watchkeeping at its thirty-fifth session, approved
Guidelines on early assessment of hull damage and possible need for abandonment of bulk carriers,
as set out in the annex. Some common causes of hull damage are contained in the Appendix to the
annex.
3 Member Governments are invited to urge companies, as defined in the ISM Code, that
operate bulk carriers flying their flag, to issue ship specific guidance, based on the annexed
Guidelines, to the masters of such bulk carriers with a view to improving the precautionary measures
and procedures for emergencies on board their ships. This ship specific guidance should be brought
to the attention of all crew members during familiarization training.
***
MSC/Circ.1143
I:\CIRC\MSC\1143.DOC
ANNEX
GUIDELINES ON EARLY ASSESSMENT OF HULL DAMAGE AND
POSSIBLE NEED FOR ABANDONMENT OF BULK CARRIERS
1 Provoked by the disappearance and loss of a number of bulk carriers from mid 1970s
onwards the international shipping community has grown increasingly concerned that such ships are
particularly vulnerable to rapid loss. Consequently, IMO has been taking action over the years to
address this problem and to find appropriate solutions. Among such actions, the Organization has
adopted amendments to the 1974 SOLAS Convention, by introducing chapter XII in 1997 (amended
in 2002), and other related provisions in chapter II-1, and has also amended the Guidelines on the
enhanced programme of inspections during surveys of bulk carriers and oil tankers
(resolution A.744(18)) on several occasions. More recently, a number of formal safety assessment
(FSA) studies on bulk carrier safety have been carried out. From these studies, the Maritime Safety
Committee of IMO concluded at its seventy-sixth session in December 2002 that bulk carriers do
deserve continued special attention and a number of measures were approved to address the issues
identified, both structural and operational.
2 Records of bulk carrier losses indicated, in a large proportion of the cases studied, that ship.s
masters often appeared to be unaware of the imminent danger they were in. Many lost their lives
together with the other seafarers on board as a consequence. Ship losses were frequently so rapid
that the ship did not have time to send a distress signal.
3 The records studied show that in the event of loss of hull integrity, in many cases, bulk
carriers should be evacuated as quickly as possible. EARLY ASSESSMENT OF THE SITUATION
IS THEREFORE IMPERATIVE, COMBINED WITH ALERTING A MARITIME RESCUE
CO-ORDINATION CENTRE, ALERTING ALL PERSONNEL ONBOARD AND MAKING
PREPARATIONS FOR EVACUATION. This is of particular importance for single skin bulk
carriers which may not be capable of withstanding flooding of any cargo hold.
4 Companies should consider the following advice carefully with a view to improving their
own precautionary measures and procedures for emergencies. The advice applies equally to ships
other than bulk carriers when carrying dense cargoes.
Heavy cargoes
5 In most cases in which bulk carriers have been lost, heavy cargoes such as iron and other
dense ores are a common factor. Ships are also vulnerable when carrying certain break-bulk cargoes
such as steel products. This could include other ship types. The small volume taken up by the cargo
in the ships. holds results in a large unoccupied space. This provides potential in a flooding scenario
for large volumes of water to rapidly destroy the ship.s residual buoyancy and, in the case of smaller
vessels, its stability. Larger vessels are also highly susceptible to structural failure due to increases
of weights caused by the influx of water.
6 Heavy cargoes place high loads on the structure, and structural failure is therefore more
probable when subjected to the additional forces associated with flooding.
MSC/Circ.1143
ANNEX
Page 2
I:\CIRC\MSC\1143.DOC
Structure
7 Deterioration of structure through corrosion, fatigue and damage is identified as a principal
factor in the loss of many bulk carriers. Failing to identify such deterioration may lead to sudden and
unexpected failure. Bulk carrier crews may be unaware of the vulnerability of these vessel types.
The consequential loss of a ship carrying heavy cargo can be expected to be very rapid, should a
major failure occur.
Forward flooding
8 Spaces forward of the collision bulkhead will, in the event of flooding, significantly affect the
trim of the ship and reduce freeboard at the bow. In extreme weather this further threatens the ship
as green seas come inboard and impact on hatch covers and other fittings that protect the water or
weathertight integrity of the ship. Shell plating in the region of the bow protects the fore peak tank
and other spaces as do air pipes and ventilators. If any of them are damaged the ship.s ability to
resist further escalation of flooding is compromised.
Early assessment
9 When it occurs or is likely to occur, masters should quickly assess damage to their ships by
being alert to water ingress and its consequences. The following guidelines are given to assist them
in this assessment.
Unusual motion or attitude
10 If a ship takes on an unusual trim or heel, or if her motions become changed, breach of the
hull envelope should be suspected immediately:
- Unusual collections of water on decks may be indicating trim or heel abnormality.
- Sudden changes of heel or trim will indicate flooding or in smaller ships with lighter
cargoes it may indicate cargo shift.
- Jerky lateral motions can be indicative of large scale sloshing as would be the case if a
hold were flooded.
- On smaller ships, slowing of the ship.s roll period may indicate excessive water within
the hull - a serious threat to stability. Ships fitted with GM meters should be able to
identify any unexpected changes in GM.
- Increases of water boarding forward decks may indicate flooding of a forward
compartment. Trim and freeboard changes are notoriously difficult to assess from an
after bridge.
11
Methods of detection
- Hatch covers may be dislodged by pressure and/or sloshing from within a hold if
flooding occurs through side shell or bulkhead.

"ship security Incident"

Taken From Malaysian Shipping Act (Amendment and Extension 2007)
“security incident” means any suspicious act or
circumstance threatening the security of a ship, including
a high-speed craft, or a marine facility, or any shipmarine
facility interface or ship-to-ship activity;
“security level” means the quantification of the degree
of risk that a security incident will be attempted or will
occur;
“security level 1” means the level for which minimum
appropriate protective security measures shall be maintained
at all times;
“security level 2” means the level for which appropriate
additional protective security measures shall be maintained
for a period of time as a result of heightened risk of a
security incident;
“security level 3” means the level for which further
specific protective security measures shall be maintained
for a limited period of time when a security incident is
probable or imminent, although it may not be possible
to identify the specific target;

A 23 /Res 949 -Port Og Refuge

INTERNATIONAL MARITIME ORGANIZATION

E
IMO

ASSEMBLY A 23/Res.949
23rd session 5 March 2004Agenda item 17 Original: ENGLISH
Resolution A.949(23)
Adopted on 5 December 2003
(Agenda item 17)
GUIDELINES ON PLACES OF REFUGE FOR SHIPS 
IN NEED OF ASSISTANCE
THE ASSEMBLY,
RECALLING Article 15(j) of the Convention on the International Maritime Organization
concerning the functions of the Assembly in relation to regulations and guidelines concerning
maritime safety and the prevention and control of marine pollution from ships,
RECALLING ALSO the obligations and procedures for the master to come to the
assistance of persons in distress at sea, established by regulation V/33 of the International
Convention for the Safety of Life at Sea, 1974, as amended,
RECALLING FURTHER that the International Convention on Maritime Search and
Rescue, 1979, as amended, establishes a comprehensive system for the rescue of persons in
distress at sea which does not address the issue of ships in need of assistance,
CONSCIOUS OF THE POSSIBILITY that ships at sea may find themselves in need of
assistance relating to the safety of life and the protection of the marine environment,
RECOGNIZING the importance of and need for providing guidance for the masters
and/or salvors of ships in need of assistance,
RECOGNIZING ALSO the need to balance both the prerogative of a ship in need of
assistance to seek a place of refuge and the prerogative of a coastal State to protect its coastline,
RECOGNIZING FURTHER that the provision of a common framework to assist coastal
States to determine places of refuge for ships in need of assistance and respond effectively to
requests for such places of refuge would materially enhance maritime safety and the protection of
the marine environment,
HAVING CONSIDERED the recommendations made by the Maritime Safety Committee
at its seventy-sixth and seventy-seventh sessions, by the Marine Environment Protection
Committee at its forty-eighth session, by the Legal Committee at its eighty-seventh session and
by the Sub-Committee on Safety of Navigation at its forty-ninth session,
For reasons of economy, this document is printed in a limited number. Delegates are
kindly asked to bring their copies to meetings and not to request additional copies.
I:\ASSEMBLY\23\RES\949.doc


A 23/Res.949 - 2 -

1. ADOPTS the Guidelines on places of refuge for ships in need of assistance, the text of
which is set out in the annex to the present resolution;
2. INVITES Governments to take these Guidelines into account when determining and
responding to requests for places of refuge from ships in need of assistance;
3. REQUESTS the Maritime Safety Committee, the Marine Environment Protection
Committee and the Legal Committee to keep the annexed Guidelines under review and amend
them as appropriate;
4. REQUESTS the Legal Committee to consider, as a matter of priority, the said Guidelines
from its own perspective, including the provision of financial security to cover coastal State
expenses and/or compensation issues, and to take action as it may deem appropriate.
I:\ASSEMBLY\23\RES\949.doc


-3 -
A 23/Res.949
ANNEX
GUIDELINES ON PLACES OF REFUGE FOR SHIPS
IN NEED OF ASSISTANCE

Table of Contents

A 23/Res.949 - 4 -
1 General
Introduction
Objectives of providing a place of refuge
1.1 Where the safety of life is involved, the provisions of the SAR Convention should be
followed. Where a ship is in need of assistance but safety of life is not involved, these guidelines
should be followed.
1.2 The issue of .places of refuge. is not a purely theoretical or doctrinal debate but the
solution to a practical problem: What to do when a ship finds itself in serious difficulty or in need
of assistance without, however, presenting a risk to the safety of life of persons involved. Should
the ship be brought into shelter near the coast or into a port or, conversely, should it be taken out
to sea?
1.3 When a ship has suffered an incident, the best way of preventing damage or pollution
from its progressive deterioration would be to lighten its cargo and bunkers; and to repair the
damage. Such an operation is best carried out in a place of refuge.
1.4 However, to bring such a ship into a place of refuge near a coast may endanger the coastal
State, both economically and from the environmental point of view, and local authorities and
populations may strongly object to the operation.
1.5 While coastal States may be reluctant to accept damaged or disabled ships into their area
of responsibility due primarily to the potential for environmental damage, in fact it is rarely
possible to deal satisfactorily and effectively with a marine casualty in open sea conditions.
1.6 In some circumstances, the longer a damaged ship is forced to remain at the mercy of the
elements in the open sea, the greater the risk of the vessel.s condition deteriorating or the sea,
weather or environmental situation changing and thereby becoming a greater potential hazard.
1.7 Therefore, granting access to a place of refuge could involve a political decision which
can only be taken on a case-by-case basis with due consideration given to the balance between
the advantage for the affected ship and the environment resulting from bringing the ship into a
place of refuge and the risk to the environment resulting from that ship being near the coast.
Background
1.8 There are circumstances under which it may be desirable to carry out a cargo transfer
operation or other operations to prevent or minimize damage or pollution. For this purpose, it
will usually be advantageous to take the ship to a place of refuge.
1.9 Taking such a ship to a place of refuge would also have the advantage of limiting the
extent of coastline threatened by damage or pollution, but the specific area chosen may be more
severely threatened. Consideration must also be given to the possibility of taking the affected
ship to a port or terminal where the transfer or repair work could be done relatively easily. For
this reason the decision on the choice and use of a place of refuge will have to be carefully
considered.
I:\ASSEMBLY\23\RES\949.doc


-5 -
A 23/Res.949
1.10 The use of places of refuge could encounter local opposition and involve political
decisions. The coastal States should recognize that a properly argued technical case, based on a
clear description of the state of the casualty, would be of great value in any negotiations which
may take place.
1.11 At the international level, the Conventions listed in Appendix 1, as may be amended,
constitute, inter alia, the legal context within which coastal States and ships act in the envisaged
circumstances.
Purpose of the Guidelines
1.12 The purpose of these Guidelines is to provide Member Governments, shipmasters,
companies1 (particularly in connection with the ISM Code and procedures arising therefrom),
and salvors with a framework enabling them to respond effectively and in such a way that, in any
given situation, the efforts of the shipmaster and shipping company concerned and the efforts of
the government authorities involved are complementary. In particular, an attempt has been made
to arrive at a common framework for assessing the situation of ships in need of assistance.
1.13 These Guidelines do not address the issue of operations for the rescue of persons at
sea, inasmuch as the practical difficulties that have given rise to the examination of the issue of
places of refuge relate to problems other than those of rescue. Two situations can arise:
-
the ship, according to the master.s assessment, is in need of assistance but not in a
distress situation (about to sink, fire developing, etc.) that requires the evacuation
of those on board; or
-
those on board have already been rescued, with the possible exception of those
who have stayed on board or have been placed on board in an attempt to deal with
the situation of the ship.
1.14 If, however, in an evolving situation, the persons on board find themselves in
distress, the rules applicable to rescue operations under the SAR Convention, the IAMSAR
Manual and documents arising therefrom have priority over the present Guidelines (and
procedures arising herefrom).
1.15 In any case the competent MRCC should be informed about any situation which may
develop into a SAR incident.
1.16 Even though a .rescue. operation, as defined in the International Convention on Maritime
Search and Rescue (SAR) is not the case, the safety of persons must nevertheless be constantly
borne in mind in the application of these Guidelines, particularly in two respects:
-
if the ship poses a risk (explosion, serious pollution, etc.) to the life of persons in
the vicinity (crews of salvage vessels, port workers, inhabitants of the coastal area,
etc.);
-
if persons voluntarily stay (master, etc.) or go (fire-fighters and other experts,
personnel of marine salvage or towage companies, etc.) on board to attempt to
overcome the difficulties experienced by the ship.
1 As defined in the ISM Code.
I:\ASSEMBLY\23\RES\949.doc

A 23/Res.949
- 6 -

Wednesday, February 2, 2011

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How To Become A Pilot ?

How to Be a Pilot
HOW TO BE A PILOT
Introduction
The information in this pamphlet is only for guidance. It is
meant to all school leavers who have great interest in flying
as a profession or hobby. This guidance material can assist
the students to make the right decision for his/her carrier and
providing a good choice for the flying training institution.
If there is any enquiry on the procedures or regulatory
requirement it has to be forwarded to DCA, Flight Crew
Licensing Office, Level 2, Block Podium B, Lot 4G4, Precinct 4,
Federal Government Administration Centre, 62570 Putrajaya,
Malaysia, for formal respond. The telephone number is at 603
88714000 and E-mail address is at
yahaya@dca.gov.my
Becoming a Pilot
Flying is a challenge and it is a fun. To fly an aircraft ably
and safely is a huge achievement. Flying is a fast, safe and
cost-effective way to travel.
Jan 2006
4
DEPARTMENT OF CIVIL AVIATION MALAYSIA
Whether you want to fly a small aircraft during the weekends,
or a Boeing 737 for an airline, you will follow much the same
process. You will learn about yourself, the aircraft, the
weather, the flying environment, and the rules pilots use to
keep their flying safe. How much you must learn depends on
what kind of pilot you want to be. With a Private Pilot License
(PPL) you can fly throughout Malaysia and carry passengers.
But you are not allowed to charge for your services. With a
Commercial Pilot License (CPL) you can work as a pilot. With
an Airline Transport Pilot License (ATPL) you can fly as a
captain on large aircraft and receive good salary.
These licenses are like steps on a ladder and must be worked
through in the correct order. First you become a private pilot,
then a commercial pilot, and finally an airline transport pilot.
However you have the option to become commercial pilot by
attending a CPL course in an approved flying training school.
Getting Started
You can fly right now. Most people’s first taste of flying is an
introductory flight at any local flying club or flying school.
During an introductory flight you will sit in the pilot’s seat and
be given a flying experience, where your flight instructor will
control the aircraft and will begin to show you how to fly
during that first flight. You don’t need to know anything about
flying to take an introductory flight. Throughout your training
you will not be asked to attempt anything you are not ready
for. There is no need to own an aircraft. There are about 15
flying clubs and 4 approved flying training schools around
Malaysia that own aircraft and employ flight instructors. Pilots
hire these aircraft, with or without an instructor, at set hourly
rates. You usually pay only for the time the aircraft is taxiing
and flying.
Aviation Flying Training Schools (AFTS) focus on professional
training, while others have a recreational focus in a ‘club’
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
atmosphere. It is a good idea to shop around and choose the
training organization that best meets your needs. If possible,
ask other pilot’s from a variety of training organizations about
their flying experiences.
Becoming a Private Pilot
Most pilots in Malaysia hold or have held a Private Pilot
Licenses. We have about 500 private pilots who fly many
different types of aircraft.
After enrolling yourself as a student pilot at any flying club,
you can apply to DCA for a Student Pilot License (SPL). This
license will authorize you to fly instructional (dual) sortie with
an instructor. The prerequisite for SPL is only pass medical
examination Class 2.
You can hold a PPL only at the age of 17 years old.
no minimum academic requirement to be a PPL pilot.
Private Pilot cannot be paid or rewarded to fly.
There isA
You can hold a Private Pilot License when you are 17 years
old.
A PPL is made up of several parts, both practical and written.
The first step is a medical examination.
Medical
Private Pilots must pass a Class 2 medical examination (Same
requirement as SPL medical). This examination must only be
carried out by specialist aviation doctors, located throughout
Malaysia. Your flying club, flying school or the DCA will
provide you with a list of these doctors in your area. During
the Class 2 medical examination your general health, hearing
and eyesight will be tested. If you are aged under 40, you
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
must renew your medical every two years. If you are between
40 and 60 your medical lasts for one year, and if you are 60
or older it is valid for six months only. If you are unable to
pass your medical examination, you can continue to fly with
an instructor, but you cannot hold a PPL. So, to avoid possible
disappointment later, you should make sure you are able to
pass your medical before beginning flight training.
Fit and Proper
Another thing to consider before you begin your flight training
is that the PPL is an aviation document requiring that you be
assessed as a “Fit and Proper Person” to hold this license. The
application form for the issue of your license contains
questions on such things as your court conviction history. To
be considered “Fit and Proper” to hold an aviation license you
must have demonstrated an acceptable respect for the law,
such that the DCA may have confidence in your ability to fly
within the Civil Aviation Rules. You are required to remain a
“Fit and Proper” person throughout the operating life of your
license. For further information contact DCA or view the DCA
web site www.dca.gov.my.
Flying Lessons
You will learn to fly progressively. Early lessons cover the
basics, like controlling the aircraft in straight and level flight.
The structure and sequence of lessons creates a building
block process, where previous learning is reinforced and
developed in succeeding lessons. Eventually you will cover
everything you need to be a capable and safe pilot.
Learning about the flying environment, and your aircraft, is
part of being a safe and competent pilot.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Most students will fly solo for the first time after about 10 to
15 hours of flying lessons. A full PPL requires a minimum of
45 hours of flying, but most students have about 70 hours
before they are ready for the flight test.
Alternatively, you could train for a PPL that limits you to flying
near the aerodrome at which you are trained. This license
requires a minimum of 40 hours flying, as it does not include
cross-country training. You could choose to gain this license
first, and then move on to gain your full PPL later. Your flying
club or flying school will discuss these options with you.
Each flying lesson typically lasts about 45 minutes. Your
instructor will usually give you a briefing before the flight so
you will know what to expect, and what is required of you. A
debriefing after the flight helps to consolidate what you have
learned. You must log every flight. Your flying club or flying
school will sell you a pilot’s logbook to record the date of each
flight, the aircraft type and registration, the name of your
instructor, the length of your flight, where you went and what
you did. You can take your flying lessons as frequently as
time and finances allow, but, it is advisable to plan for regular
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
sessions. One lesson every week or 10 days will ensure cost
effective training.
Private Pilot License Examinations
The six (6) PPL examinations are set at about the same level
as SPM or O level examinations. A pass mark of 70 percent or
greater is required. Learning about the flying environment,
and your aircraft, is part of being a safe and competent pilot.
Your flying club or flying school will help you prepare for
these examinations.
You do not have to pass these examinations before you begin
your flying lessons, but it is advisable to sit them
progressively while learning to fly, as examination passes are
required before you can fly solo cross-countries.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Air Navigation and Flight Planning
You will learn to calculate the distance of your planned flight,
what compass heading you will need to fly, how long it will
take you, and how much fuel you need to get there. You will
also learn to use maps that are specifically designed for
aviation.
Aircraft Technical Knowledge
Understanding how your aircraft flies, and its systems,
enables you to make safe flying decisions. As a trainee pilot,
you will learn about aerodynamics, engines, electrical
systems, your flight instruments and loading your aircraft.
Helicopter pilots and aeroplane pilots sit slightly different
Aircraft Technical Knowledge exams.
Meteorology
The weather has a major bearing on your flying. Often flights
will be cancelled or delayed because of the weather. You will
learn about Malaysia’s weather patterns, about cloud
formations, and about how different weather conditions affect
the performance of your aircraft. With this knowledge, you
will be able to develop decision-making skills essential to safe
flying.
Human Factors
Human error is one of the most common causes of air
accidents worldwide. It is, therefore, important to understand
the human element in aviation. Areas of study include:
aviation medicine and health, stress management, and
decision-making.
Flight Radiotelephony
Pilots keep in contact with air traffic controllers, and with each
other, by radio. As a trainee pilot, you will learn the terms and
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
phrases pilots use to make these communications clear and
free from misunderstanding. You will also learn how to
operate your aircraft’s transponder and emergency locator
beacon.
Law
Everyone in aviation follows the same set of standards when
they are flying. These standards are set out in the Civil
Aviation Regulations 1996. As a trainee pilot, you will develop
a working knowledge of these rules.
License Issue
When you have gained your medical certificate, passed all
your exams, have the required flying experience, and passed
your flight test, you can apply to DCA for the issue of a PPL.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Think Ahead
Before gaining your PPL, it is important to plan your flying
beyond the initial issue of your license. It is necessary to
budget for sufficient funds that will allow you to fly often
enough to remain both current and competent. Information
on how to stay current can be found on page 19. Many very
experienced pilots in Malaysia are content to fly simply for
fun. To work as a pilot, you must hold a Commercial Pilot’s
License.
Recreational Flying
If you want to fly for fun, then flying microlights or gliders is
another option open to you.
The first thing to do is contact the local microlight or gliding
club. You can contact Malaysian Sport Aviation Federation
(MSAF) at telephone number 03 78737377 and Fax. 03
78755378 for club contact details. The pilot will be issued with
PPL (Restricted) on completion of 30 hours program.
You will fly with an instructor, or under the supervision of an
instructor, until you have gained the skills needed to pass
your Pilot License flight test. This normally takes around 40
hours flying to become fully qualified.
The prerequisites for holding a PPL (R) are:
• You must be 17 years of age to hold a PPL(R)
• You require a medical declaration from your General
Practitioner
• You must pass written examinations (Same subjects as
PPL except Navigation & Meteorology, Aircraft General and
Radio Telephony)
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
A PPL (R) allows you to fly privately, under Visual Flight Rules
(VFR), by day within the flight park (5km radius). If you want
to carry passenger you have to achieve at least 30 hours of
experience.
Another way to fly for recreation is to take up hang gliding or
paragliding. Information on these clubs can be found with the
MSAF or at telephone number 03 89436571/019 2167526 [Lt.
Col. (R) Basir bin Hj Abdul Rahman]
If you are a thrill seeker at heart, you may be interested in
parachuting. Information about this sport is also available
with MSAF or surf the web site at
skydive@po.jaring.my
Flying Training Organizations
Choosing the right flying Institution is very important. You
have to ask yourself two main questions. Are you going for
professional pilot or just for experience in flying as a hobby.
Your budget whether you have sufficient fund for professional
training or private training only. If you can’t afford financially
for professional flying, you may start fulfilling your ambition
by joining the flying club. It is reminded that flying clubs are
basically voluntary and self help organization and it is not
actively supervised by DCA. Flying Clubs are only allowed to
conduct PPL courses. DCA only ensure that the clubs conduct
the PPL course in accordance to the approved syllabus with
qualified flying instructors, suitable aeroplane and adequate
classroom facilities. The overall running of the clubs is
governed by the club constitution, as such payment and the
amount charged for the flying instructions are decided by the
club members. You are advised to pay for the flying lessons
on hourly basis. You only pay when you fly. DCA does not
protect or guarantee money paid to be refunded in the case
that the club cannot fulfill their obligation.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
If you wish to take a professional flying training, it is
recommended that you enroll yourself to any approved flying
training school and to examine the agreement carefully, if you
are in doubt please do not hesitate to conform with us in
DCA. The list of flying training schools and flying clubs can be
found in annexure A.
Becoming a Commercial Pilot
There are about 2500 Professional (CPL and ATPL) Pilots in
Malaysia. Professional Pilots can be paid to fly. They may fly
as pilot-in-command on aircraft with only one pilot, or as a
Pilot or co-pilot on a multi-crew aircraft. You cannot hold a
Commercial Pilot License until you are 18 years old.
The requirement for CPL includes both theoretical and
practical training. Again, the first step is your medical
certificate.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Medical
Commercial pilots must pass a Class 1 medical examination.
This is more stringent than the Class 2 examination that
private pilots undergo, and you should ensure that you are
able to pass your medical before beginning flight training.
A Class 1 medical certificate must be renewed annually if you
are aged less than 40, or every six months if you are 40 or
older. This includes an ECG, general health, and hearing and
eyesight checks. There are certain medical conditions that
may prevent you from passing this examination. Your
Designated Aviation Medical Examiner (DAME), specialist
aviation doctor will be able to explain this to you. Your flying
club, flying school, or the DCA will provide a list of aviation
doctors in your area.
You can hold a Commercial Pilot License once you are 18
years old. DCA requires applicant for CPL to meet the
minimum academic qualification as stated in the AIC. The
minimum academic requirement is attain at least 5 credits at
SPM level with credit in English, mathematics and a science
subject. The applicant that does not meet the requirement
will not be issued with CPL.
Flying
To be a commercial aeroplane pilot you must have completed
a minimum of 200 hours of flying training, out of which 165
hours on single engine aeroplane and 35 hours on twin
engine aeroplane. The training has to be carried out in an
Approved Flying Training Organization. These training flying
hours are a mandatory requirement before you are allowed to
sit for your flight test. Most people, however, do not sit this
test until they have about 230 hours.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
To be a commercial helicopter pilot you must have a
minimum of 150 hours of flying training. The initial 50 hours
of flight training can be done in aeroplane and the rest 100
hours is on helicopters, before you are able to sit for your
flight test.
Malaysia has few flying schools that offer different aircraft
types and training environments.
All schools teach commercial pilots in full-time courses that
involve both flight training and theory training. Others like
flying clubs provide the training up to PPL can be given credit
hours of 30 hours and the rest of the training has to be done
in an approved training school.
Holder of a foreign CPL will be required to undergo an
abridged course of flying before Malaysian CPL can be issued.
They have to pass all the ‘Navigation papers’ and minimum of
35 hours flying training with a practical flight test by DCA
examiners at the end of the training.
You can seek an advice from several training organizations
and choose the package which best suits your needs and
goals in aviation. Your commercial flight training will follow a
set syllabus and will include cross-country flying and
instrument flying. You will be expected to meet a higher
standard than for your PPL.
Commercial pilots must pass examinations in Law, Navigation,
Human Factors, Meteorology, Aircraft Technical Knowledge
and Principles of Flight.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Examinations
Commercial Pilots must pass (score 75 percent and above)
examinations in Law, Navigation, Human Factors,
Meteorology, Aircraft Technical Knowledge and Principles of
Flight. These are similar to tertiary (diploma) level
examinations.
When you have passed your examinations, have the required
flying experience, have passed your practical flight test, and
you hold a current Class One medical certificate, you can
apply to DCA for the issue of a CPL.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
What Next?
You can now work as a pilot, but you can only fly under Visual
Flight Rules (VFR). This means that you must be able to see
the surface to navigate - you cannot fly in cloud. Possible
careers include VFR charter, scenic and agricultural flying.
You could also consider training as a flight instructor or
gaining further aircraft ratings.
Instrument Flying and Basic Gas Turbine Rating
If you want to expand your employment options with a view
to becoming an airline pilot, you will need an Instrument
Rating. This allows you to fly in cloud, navigating with
reference to the aircraft instruments. Possible careers include
freight and charter operations, or you can fly for an airline as
a first officer or second officer.
Airlines, some freight or charter companies, helicopter and
agricultural companies, operate aircraft that are powered by
gas turbine engines. These are different from the piston
engine aircraft you will train in. In order to fly a turbine
powered aircraft you will need to pass a Basic Turbine
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Knowledge examination. This is a prerequisite of a type rating
in your first turbine powered aircraft.
In order to progress to being an airline captain, you can work
towards your Airline Transport Pilot License.
Approved Training schools normally will train you with
Instrument Rating and theoretically up to frozen ATPL level,
whereby the theory examination is conducted using ATPL
examination papers. Frozen ATPL is issued on your CPL
license until you meet the flying hours for issue of ATPL
.
Becoming an Airline Transport Pilot
To apply for an Airline Transport Pilot License (ATPL), you
must be 21 years old, hold a current instrument rating, and
have 1500 hours total flight time in an aeroplane, or 1000
hours in a helicopter. You must also pass seven written
examinations and a flight test with a flight examiner.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Keeping Your Pilot License
Getting your pilot license is only the first step.
To keep it current you must have carried out at least three
takeoffs and landings in the preceding 90 days, in the aircraft
types that you wish to fly. Every six months, you will need to
carry out a flight test (C of T) conducted by DCA approved
Authorized Examiner.
This involves demonstrating to a flight examiner that your
knowledge and flying skills are still maintained at the required
standard for the type of license you hold. A C of T will also
ensure that you remain up to date with the current operating
environment. Many pilots continue to have occasional
refresher flights with an instructor employed by the company.
When employed as a CPL or an ATPL, you will have ongoing
competency checks to ensure you are flying to the required
standard.
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
Gaining a rating in a new aircraft involves practical conversion
flying lessons and some theoretical study of your new
aircraft’s systems and performance.
Learning More Skills
Once you have your pilot license you can develop many more
skills.
In aviation, these qualifications are called ratings:
Instrument rating
Type rating
Night rating
Assistant Flying Instructor rating
Flying Instructor rating
You can also train in mountain flying, formation flying, or
competition flying.
Authorized Flight examiner
Aircraft Type Ratings
Pilots are only permitted to fly the aircraft types they hold
ratings for. When first learning to fly, you will take your
lessons in the same type of aircraft or simulator.
Once you have your pilot license, you may choose to learn to
fly other types. Gaining a rating in a new aircraft involves
practical conversion flying lessons and theoretical study of
your new aircraft’s systems and performance.
Becoming a Flight Instructor
Once you are a commercial pilot, you can do further flight
training and study to become a career flight instructor. Newly
qualified flight instructors are called Assistant Flight Instructor
(AFI). As an AFI you may teach trainee pilots, although you
Jan 2006
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DEPARTMENT OF CIVIL AVIATION MALAYSIA
will work under the supervision of an experienced instructor.
There are several flying clubs and flying schools that offer AFI
category instructor training.
What does it Cost?
The cost of learning to fly varies between training
organizations, and may depend on the type of aircraft they
use. Costs also vary from pilot to pilot, depending on how
quickly trainees pick up flying skills, and reach the appropriate
standard.
The cost of flying also changes in response to fuel prices and
inflation.
It is best to contact a range of flight training organizations to
find out the latest costs and compare their prices to the
facilities they provide.
It is important not to judge your choice of training
organization solely on cost. You should also look at how each
organization can help you achieve your ultimate goals. An
aspiring airline pilot has different training needs from an
aspiring agricultural pilot, or an aspiring tourist sightseeing
pilot, who will be flying in mountainous terrain.
For budgetary purposes a PPL training on aeroplane will cost
from RM 24,000 to RM 26,000 at an approved training school
and for CPL with IR (Frozen ATPL) will cost between RM 150,
000 to RM 170,000 excluding accommodation.
Closure
Thank you for your interest in reading this guidance material,
we hope that the information will give you a clearer picture
and be able to decide the right way to fulfill your ambition to
be a pilot.