The UK Defence Club highlights key aspects of the law relating to unsafe ports
The UK Defence Club has issued a guide to explain the law relating to unsafe ports and highlights some of the key aspects. The Club advises that in an unsafe port situation, the collection of contemporaneous evidence is the best evidence and can be of crucial importance in protecting an operator’s interests.
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Definition of ”unsafe port” 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…” |
A checklist of practical considerations in the collection of evidence follows. It is not intended to be an exhaustive summary as every case is different and will turn on its own facts. This checklist, in conjunction with the preceding legal commentary, may provide operator with a useful analysis of issues to consider.
GENERAL
Complete record of communications dealing with the voyage
Charts, plans of port, berth or anchorage
General port set-up including management systems in place for control and maintenance of navigational aids and dredging of approach channels
General arrangement plans, Capacity and cargo plan
(Scrap and Fair) deck, engine, radio logs, bell book
VDR /VTS and AIS data
Miscellaneous published information concerning port
Ship draughts
Note of protest
Detailed records of all services supplied by third parties
Printed record information, course recorder, engine movement, data logger, echo sounder, etc
A record of when bridge and engine clocks were synchronised
All charts in use at the time of the incident (no alteration should be made) together with all rough notes and calculations from the chart table, including passage planning
All communications with third parties together with any hand-written notes of oral/VHF communications
MOORINGS
On board:
Sketch of mooring arrangements identifying station, material, size and security system
Anti-chafe measures
Number of lines on board
Mooring rope/wire detailsinvoices, test certificates, repairs, when first used
Retain failed/damaged equipment as evidence
Storage details
Winch details
Photographs, samples
Mooring watch details
Damaged/parted rope/wire, where parted and how secured
Brake test record for mooring winch
Mooring advice from Pilot, berthing Master, port authority, etc
Mooring wire / rope running hours record
Ashore:
Mooring arrangements approval by port authority/terminal operator
Bollards type, distance apart, etc
Mooring line lead
Mooring gangs
TUGS
Tugs owners/authority/tugs names
Number of units available
Horsepower/bollard pull/propulsion
Where stationed
Call-out procedure
Communication facilities/radio watch
Duty roster/crew lists
Operational limits
Position where tugs are to be waiting for making fast
Tug or ships line
WEATHER SERVICES
In port:
Port information booklet
Port weather service
Local radio
Warnings provided by port authority to ships and/or agents
Any specific advice on arrival about local weather characteristics
Storm signal where sited?
Record of all weather forecasts and weather fax charts
On board:
Weather Reporting and Forecast Areas (or similar publication), stations used?
Radio officers watch keeping schedule and log
Log book or other record of weather, swell, barometric pressure, etc
Communications with port authority, agents, pilotage authority, other ships, etc
Weather charts and messages received
Anemometer where sited?
Learn more by reading UKDC Guide ” The Law Relating to Unsafe ports”
Source: The UK Defence Club
