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Safe ports and berths for cargo ships employment

Defining Safe ports

An important contractual provision in virtually all time and voyage charter parties is that the vessel may be sent only to safe ports and berths. This requirement will often be expressed in the preamble to the terms of a modern charter party rather than in a separate clause.

Charterers usually give an absolute warranty that ports to which they will send the vessel will be “good and safe”, but in some charter parties the charterer’s warranty is one of “due diligence” only. If charterers breach their warranty, the master has a right to refuse to enter, or refuse to stay at, the port in question.

The legal definition of “a safe port” is “A port will not be safe unless, in the relevant period of time the particular ship can reach it, use it and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation and seamanship.

Requirements for a port to be considered a “safe port” are as follows:

1. There must be safe access to the port and it must be free from permanent obstruction. However safe a port may be in other respects, it is not “safe” if the vessel cannot reach it without serious risk of damage by ice, etc. A temporary obstruction, e.g. neap tides, does not, however, make a port unsafe.

2. It must be a port where the vessel can lie safely afloat at all states of the tide, unless it is customary and safe to load and/or discharge aground or there is special agreement to do so. Whereas the standard terms may require the vessel to “proceed to the loading port or place stated or as near thereto as she may safely get and lie always afloat”, the terms will often be amended to permit a short-sea vessel to lie “safe aground”.

3. There must be adequate facilities for trade, including a safe shore landing of goods, proper wharves, warehouses and other establishments for dealing with the kind of cargo contemplated.

4. It must be a politically safe port, free from any state of war or embargo.

5. The ship, having reached the port (and discharged her cargo), must be able to leave safely, e.g. without having to lower or cut her masts to pass under a bridge.

Unless there is specific agreement to the contrary, the master is always entitled to refuse to enter a port which his vessel cannot safely reach (due to lack of sufficient water depth) without first lightening in a roadstead or other port, even if it is a customary method of discharge at the port.



Safe berths

A safe berth must be safe in the same respects as a “safe port”. The master’s duty is normally to ascertain whether the berth is safe and to refuse to go to an unsafe berth even if ordered to do so. Damage done to the ship or quay at an unsafe berth is usually the shipowner’s liability, not the charterer’s (although courts have held the reverse). If the charterers order the vessel to an unsafe port or berth, they will usually be in breach of contract.


Other useful articles :
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  3. Synthetic man-made ropes and hawsers

  4. Although natural fibre ropes are still widely used throughout the marine industry, they have been superseded by synthetic fibres for a great many purposes. Not only do the majority of synthetic ropes have greater strength than their natural fibre counterparts, but they are more easily obtainable and at present considerably cheaper.
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  5. Natural fibre rope

  6. All natural fibre rope is manufactured from manilla, sisal, hemp, coir, cotton or flax fibres.The process of manufacture consists of twisting the fibres into yarns and turning the yarns in an opposite direction to establish the strands.
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  7. Prepare cargo holds prior loading

  8. Washing is always carried out after the compartment has been swept. Drying time for washed compartments must be allowed for, before loading the next cargo; this time will vary with the climate, but two to three days must be expected.
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  9. Strength and stability of the Lifting appliances

  10. The vessel's structure, crane, derrick or other lifting device and the supporting structure should be of sufficient strength to withstand the loads that will be imposed when operating at its maximum load moment .
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  11. Anchoring safe practice

  12. Prior approaching an area for anchoring ships master should investigate fully a suitable anchoring position and conduct a planned approach including speed reduction in ample time and orienting the ships head prior anchoring to same as similar sized vessels around or stem the tide or wind whichever is stronger . Final decision to be made on method of anchoring to be used , the number of shackles , the depth of water, expected weather and holding ground. .
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  13. MacGregor single-pull weather-deck hatch cover

  14. Hatch covers are used to close off the hatch opening and make it watertight. Wooden hatch covers, consisting of beams and boards over the opening and covered with tarpaulins, were once used but are no longer fitted. Steel hatch covers, comprising a number of linked steel covers, are now fitted universally. Various designs exist for particular applications, but most offer simple and quick opening and closing, which speed up the cargo handling operation..
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  15. Cargo holds access arrangement

  16. The access shall be separate from the hatchway opening, and shall be by a stairway if possible. A fixed ladder, or a line of fixed rungs, shall have no point where they fill a reverse slope .
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  17. Lay of Ropes and hawsers - Small Stuff descriptions

  18. The lay of rope is a term used to describe the nature of the twist that produces the complete rope .The most common form of rope at sea is known as ‘hawser laid rope’ comprising three strands laid up right- or lefthanded.
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  19. Stresses in ship structures and how to mitigate

  20. Heavy weights tend to cause a downward deflection of the deck area supporting the load .This subsequently produces stresses, with consequent inward and outward deflections of supporting bulkheads, depending on the position of initial loading .
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  21. Lifting appliances - Maintenance, testing, controls & safety measures

  22. When there is any suspicion that any appliance or item of equipment may have been subjected to excessive loads, exceeding the Safe Working Load (SWL), or subjected to treatment likely to cause damage, it should be taken out of service until it can be subjected to a thorough examination by a competent person.
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  23. Safe operation of Lifting appliances and gears

  24. All lifting operations must be properly planned, appropriately supervised and carried out to protect the safety of workers.
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