Port Safety Systems
A port may have inherent natural hazards such as rocks, wrecks, strong tides, or winds that initially render it unsafe. However, these risks can be mitigated by actions taken by port authorities. A Port Safety System can be implemented to neutralize these hazards, transforming a potentially unsafe port into a secure environment for ships to approach, use, and depart.
Consequently, charterers directing a ship to such a port would not be violating their obligations to ensure a safe port. However, the effectiveness of a Port Safety System hinges on its operational reliability at all times.
In the case of “The Houston City” [1956], the ship was directed to a port known to be risky in northerly winds, but normally, adequate precautions were in place. Unfortunately, during the ship’s arrival, one of the mooring buoys was under repair and a fender was damaged, leading to the ship sustaining damage during a northerly gale. The Privy Council ruled the port as unsafe due to these deficiencies in the safety system, emphasizing that mere negligence by a port employee, resulting in damage, does not inherently render a port unsafe if the overall Port Safety System is judged sufficient.
The criteria for an adequate Port Safety System, especially concerning weather warnings, have been scrutinized in several legal cases. For instance, in The Khian Sea [1979], despite sufficient weather warnings, the port’s layout prevented the ship from departing safely before the weather deteriorated, resulting in damage. Lord Denning M.R. outlined in the Court of Appeal that a safe port must have a robust weather forecasting system, reliable availability of pilots and tugs, sufficient sea-room for maneuvering, and a guarantee that this maneuvering space remains unobstructed.
The implementation of the International Ship and Port Facility Security Code (ISPS) introduces additional complexities regarding Port Safety Systems and charter parties. Even if a ship complies with ISPS standards, she must verify that her last ten port calls were to ISPS-compliant ports. Non-compliance or heightened security risks at a port can lead to inspections and clearance delays at subsequent ports, potentially incurring extra costs for owners.
These costs, while significant, may not be recoverable if the port maintains an adequate Port Safety System, regardless of its high security risk. Therefore, proving the adequacy of a port’s safety measures can become a contentious and expensive issue.
It is prudent for both Shipowners and Charterers to proactively address potential ISPS-related issues during contractual negotiations by incorporating specific clauses tailored to manage these risks effectively.
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