IN THIS ISSUE
1. Demurrage Time Bars
2. US Coast Guard Modifies Rules on Marine Casualty Reporting
3. Lord Mustill Inaugural Lecture
4. International Freight Forwarding Specialist Apprenticeship
5. Plimsoll Line and other Shipping Sights
6. People and Places
FOB Network News
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1. Demurrage Time Bars
Gavin Ritchie of the Charterers’ P&I Club has sent us this note:-
The question of demurrage time bars has again been the subject of litigation, this time on appeal from an arbitration award to the Commercial Court. In Lukoil Asia Pacific Pte Limited v. Ocean Tankers (Pte) Limited (“Ocean Neptune”)[2018] EWHC 163 (Comm), Owners’ attempt to re-label a demurrage claim as a breach of charter party for loss of time waiting for Charterers orders was dismissed by the judge who considered the wide definition of demurrage in the charter party went beyond the normal loading and discharging delays and extended to loss of time time waiting for orders.
To read this Bulletin go to_
2. US Coast Guard Modifies Rules on Marine Casualty Reporting
Edward Flood and Kirk Lyons report:-
Starting on April 18, 2018, the US Coast Guard’s modified rules on marine casualty reporting will take effect. Entities who are required to notify the Coast Guard about marine casualties and serious maritime incidents will see an increase in the monetary thresholds for notification in incidents involving property damage. Other than the increases to these thresholds, the reporting rules are unchanged. For instance, any unintended grounding or bridge allision must still be reported under 46 CFR 4.05-1(a)(1), regardless of the monetary damage incurred.
The requirement in 46 CFR 4.05-1(a)(7) to report an occurrence causing property damage in excess of $25,000 is increasing to $75,000. Additionally, the requirement in 46 CFR 4.03-2(a)(3) to report a serious maritime incident with damage in excess of $100,000 is increasing to $200,000.
Citing the need for these requirements to keep pace with inflation, the US Coast Guard noted that the requirements had not been changed since their original implementation in the 1980s.
The consequence of these changes is that there will be fewer reports of casualties and/or serious marine incidents. The Coast Guard estimates that the new rule will save the government and the industry time and money by reducing reporting and record-keeping burdens.
The Coast Guard projects that some of the most significant effects of the new rule will involve 2692 forms – the paperwork that must be submitted to the Coast Guard when reporting a qualifying marine casualty. The Coast Guard expects that there will be approximately 316 fewer reports of marine casualties and 21 fewer reports of serious maritime incidents as a result of the increased monetary thresholds. And, while incidents up to $200,000 in damages will still require a 2692, they will no longer require a 2692B for a serious maritime incident.
The full text of the new rule can be found at:
https://tinyurl.com/DmgThresholds
3. Lord Mustill Inaugural Lecture
Gerard Mathews of the London Shipping Law Centre has sent in the announcement for the Lord Mustill Inaugural Lecture.
He writes:-
Michael Mustill was the first President of the London Shipping Law Centre from its foundation in 1995 until his death in 2015.One of the foremost judges of his time, his influence on maritime law, commercial law and arbitration, as advocate, judge and scholar, was outstanding.He brought equal qualities to criminal, personal injury and administrative law and wrote penetrating and memorable judgments which remain influential. The Centre believes it would be a fitting tribute to remember his exceptional contribution to jurisprudence and plan further Biennial Lord Mustill events. Here are details of the first:-
“Lord Mustill – The Legacy”
Middle Temple Hall, Temple, London, EC4Y 9AT
Thursday 14th June 2018
Reception from 5.30pm for 6.15pm
Chairman
The Right. Hon. The Lord Clarke of Stone-cum-Ebony
Speakers
The Right Hon. The Lord Phillips of Worth Matravers KG PC
Stewart Boyd CBE, QC
The Right Hon. Sir Richard Aikens
Followed by a Drinks and Canapé Reception
Attendance fees: LSLC members – ÂŁ40.00 – Non LSLC members – ÂŁ60.00
http://www.shippinglbc.com/event/the_lord_mustill_inaugural_lecture
4. International Freight Forwarding Specialist Apprenticeship
Georgia Hethrington has sent us this release:-
The British International Freight Association (BIFA) has welcomed the news that the Institute for Apprenticeships (IfA) has delivered the final approval of the course assessment plan, which means that the International Freight Forwarding Specialist apprenticeship is now available for delivery.
Over the past 18 months, BIFA has been supporting a trailblazer group of employers from the freight and logistics sector to develop a standard for a specific International Freight Forwarding Specialist apprenticeship. Some of the companies who have been instrumental is the development of the standard are: Kuehne + Nagel, Davies Turner, DHL, Metro Shipping, Hellmann, Neon Freight, OIA Global, DSV Air & Sea, Dachser, DB Schenker, Panalpina, Intelligent Global Logistics, Maltacourt and Yusen Logistics.
Set at Level 3 (A Level) with a minimum duration of 18 months, the new apprenticeship will provide students with core knowledge and skills including; industry awareness, customs procedures and commercial skills.
At the beginning of the programme, apprentices will also be given one of three pathways; air freight, ocean freight or road freight, to reflect the focus of freight forwarders’ operations. Whichever pathway apprentices take, specific knowledge and skills will be acquired in addition to the three mandatory modules.
More details on the International Freight Forwarding Specialist apprenticeship can be seen here:-
More details on the assessment plan can be seen here:-
More information about BIFA’s work on apprenticeships can be seen here:-
https://bifa.org/about/apprenticeship
5. Plimsoll Line and other Shipping Sights
Some very striking images of our industry accompany this article by Erin Van Rheenen in the Hakai zine.The photographer David Webster Smith works on a tugboat in San Francisco Bay. For three decades prior, he was a hook-and-line commercial fisherman, leading him in and out of ports from Monterey, California, to Westport, Washington.
https://www.hakaimagazine.com/videos-visuals/the-secret-language-of-ships/
6. People and Places
Jessica Seah writes from Hong Kong:-
Norton Rose Fulbright has announced the launch of a dedicated WeChat official account.
The account aims to provide our Chinese- and English-speaking clients with access to our thought leadership and global campaign articles, industry news, legal alerts and insights on legislative changes, and firm activities and events.
To follow Norton Rose Fulbright on WeChat, please search for our account with our username NLawGlobal.
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EPA – members sought for MSTRS
The US Environmental Protection Agency (EPA) invites nominations for appointment to its Mobile Sources Technical Review Subcommittee (MSTRS). Nominations must be submitted by 22 May. 83 Fed. Reg. 16852 (4/17/18)
https://www.gpo.gov/fdsys/pkg/FR-2018-04-17/pdf/2018-08018.pdf
[Source Dennis L Bryant]
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David Loosley, Chief Executive of the Institute of Marine Engineering, Science and Technology (IMarEST), has been appointed to a maritime expert panel by the government’s Transport Secretary, Rt Hon Chris Grayling. The panel will look at the UK’s long-term maritime strategy.
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The group chief financial officer (CFO) of South African transport utility Transnet, Garry Pita, resigned with immediate effect on 19th April, blaming his deteriorating health for his decision, after less than three years in the job, one of which was as interim CFO.
He said that he had informed the company in 2017 of his plans to resign from the post because of the impact of stress on his health and his family. Mark Gregg-McDonald is to serve as acting CFO while the company decides on a permanent successor.
The South African press has linked his resignation to the wide ranging Gupta scandal. It is claimed that Pita sanctioned financial services and software contracts that benefitted companies linked to the Guptas. The country’s new Public Enterprises Minister, Pravin Gordhan, has called for new leadership at Transnet and it has been widely suggested that there could be more sweeping changes among the Transnet board.
Pita’s resignation came just two weeks after Transnet National Ports Authority (TNPA) announced other changes among its senior executives. COO Phyllis Difeto, who was appointed in 2014, has been named the new general manager for planning and modelling in the operational readiness department. Difeto previously served as the International Maritime Organisation (IMO) auditor for the South African government. No explanation for the changes was given.
Durban port manager Moshe Motlohi, who has worked at Transnet for 15 years, takes over from Difeto as acting COO. The new port manager at the country’s biggest container port will be Nokuzola Nkowane, who was previously executive manager for operations development, performance monitoring & reporting at TNPA, also in an acting capacity.
Source: World Cargo News
https://tinyurl.com/WCNewsTransnet
From the Avo Archive
The website of this newsletter contains all the editorial material since the inception of the Maritime Advocate as a print based quarterly in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred Arnold. Readers can go to the site and search the database on the home page in its entirety. If you are looking for an old case, an old controversy or you would just like to see how many times you and your firm have featured in our annals feel free to access the archive. It is like this e-zine, free to Readers and we always appreciate the support of advertisers and sponsors.
Looking for references to the Plimsoll Line we drew a blank, but overloading brought up this reference to one of the late David Cheslin’s best efforts and a reminder of how shipping issues have a way of coming around century after century. This story appears in Issue 433 of April 22nd 2010
Weighing Containers Conference
David Cheslin writes:-
Weighing containers: is it really that difficult? A conference is to be held at the Hilton London Canary Wharf Hotel on 29th June 2010
In 2007, the UK Marine Accident Investigation Branch (MAIB) published a report concerning an incident that occurred while the 868TEU containership Annabella was on passage in the Baltic Sea. The following year, it published another report, this time concerning the loss of the 4419TEU MSC Napoli, which had to be run aground on a UK beach to avoid her sinking in the English Channel.
These two incidents led to the publication by the International Chamber of Shipping and the World Shipping Council of “Safe Transport of Containers by Sea — Guidelines on Best Practices”.
In this document, these two august bodies stated categorically that overloading of a container is something which can never be condoned and went on to say that the party stuffing the container is responsible for ensuring that the gross mass of the container is in accordance with the gross mass given on the shipping documents. Furthermore, the guidelines state that terminal operators should verify the weights of incoming containers before they are loaded.
Despite this, nothing seems to be happening to ensure that weighing takes place and the container shipping industry, including all those who sail on deepsea and shortsea/feeder vessels, continues to rely on shippers being accurate and honest when they declare the weight of their cargo to the carriers.
When in January 2010, the media reported the MAIB’s preliminary examination result into the loss of 18 containers over the side from the 910TEU Husky Racer while she was berthed in Bremerhaven, this issue of weighing containers was again placed in the spotlight. It became very apparent from comments made to journalists that many people in the container industry were still unsure of how container weights could be verified with any reliability.
Ro-ro too
Interestingly, the question “To weigh or not to weigh”? is also one that is being asked in the freight ro-ro sector and not just because many of these vessels carry containers as well as trailers. As the MAIB pointed out in its report into the stranding of the ro-ro Riverdance on the beach at Blackpool in NW England, there is no requirement to weigh trailers before they are loaded on board freight ro-ro vessels, ie those permitted to carry 12 passengers or less.
Solutions are available
There is plenty of evidence, mostly anecdotal but some more authoritative, indicating that shippers cannot be relied upon always to make accurate weight declarations when booking cargo. Yet carriers still accept declared weights and rarely if ever seek to have them verified.
Back in 2007, there seemed not to be an easy way of weighing containers in ports, a way that would be relatively cheap and would not have a negative effect on container terminal productivity. However, over the past three years, container handling equipment manufacturers have been addressing this issue and it would appear that there are now practical and affordable solutions available.
There is however still no sign that the weighing of containers in ports will become routine. As a result, road hauliers continue to be prosecuted for running overweight, stevedores’ and seafarers’ lives are put at risk and on-deck container stacks collapse. It is an issue that concerns many companies and organisations, not only those directly involved such as shipowners, carriers and terminal operators but also seafarer unions, health and safety managers, marine surveyors, insurance underwriters and lawyers.
Home Improvement
A man decided to take the opportunity, while his wife was away, to paint the toilet seat.
The wife came home sooner than expected, sat and got the seat stuck to her rear. She was understandably distraught about this and asked her husband to drive her to the doctor.
She put on a large overcoat so as to cover the stuck seat, and they go. When they get to the doctor’s, the man lifted his wife’s coat to show the doctor their predicament.
The man asked, “Doctor, have you ever seen anything like this before?”
“Well, yes,” the doctor said, “But never framed!”
[Paul Dixon]
Cloud of forget
The cloud of forget
spreads silent
insinuates in descent
soft through time
knows no bound
erases
knows no
no
and smooths, effaces
as sand blows
as water flows
over and no one will know
who gathered
what happened
where
or if death or life
anguish or murder
music or carvings
laughter, dance
memories
were ever there
Frances Huggard Migliaccio
April 18, 2018
[The Rhode Island based poet has written in to remind the editor that “April by the way in the US is poetry month, and as a good friend and fellow poet reminds many of us on Block Island this time of year, April 26 is National Poetry Day. It’s the day to carry a poem in your pocket and share it with people you meet in the course of the day”].