Ship Deck Cargo Risks and Responsibilities

Ship Deck Cargo Risks and Responsibilities

Shipowners of a ship hired under a Time Charter often negotiate their charters to include a clause purporting to place upon the charterers any responsibility for cargo carried on deck.

The words at shippers risk alone are insufficient to exclude liability for loss or damage to deck cargo for unseaworthiness or negligence (The Galileo 1914).

However, where the clause provides carried on deck at shippers’ risk without responsibility for loss or damage howsoever caused it is effective to exclude liability for negligence causing the loss of the cargo and unseaworthiness (The Imvros 1999).

NYPE 1993 Time Charterparty Form specifically provides (clause 13b) that the Shipowners are indemnified by the Charterers “for any loss and/or damage and/or liability of whatsoever nature caused to the ship as a result of the carriage of deck cargo and which would not have arisen had deck cargo not been loaded”.

What is Ship Deck Cargo?

Ship deck cargo refers to the goods or materials that are transported on the open deck of a ship, rather than in the enclosed cargo holds below the deck. Deck cargo is usually comprised of items that are too large, heavy, or bulky to fit inside the cargo holds, or goods that require special handling due to their nature.

Examples of Ship Deck Cargo:

  1. Project cargo: This includes large, complex, and heavy components for industrial projects, such as wind turbine blades, sections of bridges, or factory modules.
  2. Yachts and boats: Smaller ships, such as yachts and boats, may be transported on the deck of a larger ship, using specialized cradles or securing systems.
  3. Heavy machinery and equipment: Items such as large construction equipment, industrial machinery, or oversized generators may be transported as deck cargo due to their size and weight.
  4. Containers: In some cases, shipping containers may be carried on the deck of a ship, particularly on smaller container ships or when space is limited in the cargo holds.
  5. Vehicles: Cars, trucks, and other wheeled vehicles may be transported as deck cargo, especially on roll-on/roll-off (RoRo) ships designed specifically for this purpose.
  6. Breakbulk cargo: Traditional breakbulk cargo, such as lumber, steel, or pipes, can also be carried on the deck of a ship, secured with appropriate lashing and securing arrangements.

Transporting cargo on the deck presents several challenges and risks, such as exposure to weather conditions, seawater, and potential damage from cargo handling operations. Consequently, it is essential to ensure that deck cargo is adequately secured, protected, and managed to minimize these risks and ensure the safe transportation of goods.

 

Deck Cargo Responsibility under NYPE

The New York Produce Exchange Form (NYPE) is a widely used standard time charter party agreement in the dry cargo sector. Under NYPE, the responsibility for deck cargo is typically allocated between the shipowner and the charterer. However, it’s essential to note that the specific allocation of responsibility can vary depending on the terms agreed upon by both parties in the charter party.

In general, under NYPE, the shipowner is responsible for providing a seaworthy ship, which includes ensuring that the ship is fit to carry deck cargo if such cargo is specified in the agreement. The shipowner is also responsible for ensuring that the ship complies with all applicable regulations and safety requirements for carrying deck cargo.

The charterer, on the other hand, is usually responsible for providing proper instructions and guidelines for loading, stowing, and securing the deck cargo. The charterer should ensure that the cargo is adequately protected and secured, taking into account the potential risks and challenges associated with deck cargo transportation. Furthermore, the charterer is typically responsible for any additional expenses or liabilities arising from the carriage of deck cargo, such as increased insurance premiums, port charges, or additional equipment needed for loading and securing the cargo.

It’s important to note that the NYPE form does not specifically address the carriage of deck cargo. As a result, parties must include additional clauses or agreements in their charter party contract to explicitly outline their respective responsibilities and obligations related to deck cargo. Clear communication and documentation are crucial to avoid disputes and ensure the smooth transportation of deck cargo under a time charter on the NYPE form.

 

Deck Cargo Responsibility under GENCON

The General Charter Party (GENCON) is a widely used standard voyage charter party agreement, primarily for the transportation of dry bulk cargoes. Under GENCON, the responsibility for deck cargo is typically allocated between the shipowner and the charterer. Similar to the NYPE, the specific allocation of responsibility can vary depending on the terms agreed upon by both parties in the charter party. The GENCON form does not specifically address the carriage of deck cargo, so parties must include additional clauses or agreements in their charter party contract to explicitly outline their respective responsibilities and obligations.

In general, under GENCON, the shipowner is responsible for providing a seaworthy ship, which includes ensuring that the ship is fit to carry deck cargo if such cargo is specified in the agreement. The shipowner is also responsible for ensuring that the ship complies with all applicable regulations and safety requirements for carrying deck cargo.

The charterer, on the other hand, is usually responsible for providing proper instructions and guidelines for loading, stowing, and securing the deck cargo. The charterer should ensure that the cargo is adequately protected and secured, taking into account the potential risks and challenges associated with deck cargo transportation. Additionally, the charterer is typically responsible for any additional expenses or liabilities arising from the carriage of deck cargo, such as increased insurance premiums, port charges, or additional equipment needed for loading and securing the cargo.

To avoid disputes and ensure the smooth transportation of deck cargo under a voyage charter on the GENCON form, parties should clearly communicate their respective responsibilities and include any necessary clauses related to deck cargo in their charter party agreement.

Risks of Ship Deck Cargo

Transporting cargo on the deck of a ship comes with certain risks and challenges that need to be carefully managed to ensure the safe and efficient transportation of goods. Some of the main risks associated with ship deck cargo include:

  1. Seawater exposure: Deck cargo may be subject to spray or even flooding from waves, especially during rough seas or storms. This exposure can cause damage, particularly to cargo that is sensitive to moisture, salt, or corrosion.
  2. Exposure to weather: Deck cargo is exposed to the elements, such as rain, wind, and sunlight, which can cause damage, corrosion, or deterioration to certain types of cargo. Protective measures, such as covering or securing the cargo with tarpaulins, may be required to minimize weather-related damage.
  3. Impact on ship stability: Deck cargo can have a significant effect on a ship’s stability, particularly if it is heavy or positioned high above the ship’s center of gravity. This can make the ship more susceptible to rolling, pitching, or even capsizing in severe conditions. Proper cargo planning and stowage are crucial to maintain the ship’s stability.
  4. Cargo shifting or loss: Inadequate securing or lashing of deck cargo can result in shifting, tipping, or even loss of cargo overboard during transit, particularly in heavy seas or rough weather. Proper lashing and securing arrangements are essential to prevent cargo movement and maintain the ship’s stability.
  5. Fire risk: Deck cargo, particularly when flammable or hazardous materials are involved, can pose an increased risk of fire. Appropriate safety precautions, such as segregating hazardous cargo, providing fire-fighting equipment, and ensuring crew members are trained in fire prevention and response, are essential.
  6. Cargo handling risks: Loading and unloading deck cargo can pose risks to the cargo itself, as well as to the ship and its crew. Accidents, such as dropped cargo or equipment failures, can result in damage, injury, or delays.

To minimize these risks, it is important to carefully plan and manage the transportation of deck cargo, which includes implementing proper securing arrangements, protective measures, and cargo handling procedures. It is also important to comply with relevant regulations, guidelines, and industry best practices to ensure the safe and efficient transportation of deck cargo.

 

Responsibilities of Deck Cargo Shippers

Deck cargo shippers have a responsibility to ensure that their cargo is safe for transport and properly secured on the deck of the ship. This responsibility includes:

  1. Proper Documentation: Shippers must provide accurate and complete documentation for the cargo, including information on the weight, dimensions, and value of the cargo. This information is essential for the ship’s crew to properly stow and secure the cargo.
  2. Proper Packaging: Shippers must ensure that the cargo is properly packaged, labeled, and marked to withstand the hazards of transportation.
  3. Proper Stowage and Securing: Shippers must ensure that the cargo is stowed and secured properly on the deck of the ship. The cargo must be secured with lashings, chains, or other appropriate restraints to prevent shifting or sliding during the voyage.

Deck cargo can be a cost-effective solution for transporting goods, but it also poses significant risks and responsibilities for shippers. Shippers must take steps to minimize the risk of damage or loss, including proper packaging, stowage, securing, and documentation. By understanding the risks and responsibilities associated with deck cargo, shippers can ensure safe and efficient transportation of their goods.

 

Risks of Deck Cargo Shippers and The Imvros 1999 Case

The Imvros 1999 case is a tragic example of the risks associated with transporting deck cargo on a ship. The Imvros was a cargo ship that sank off the coast of France in 1999 while carrying deck cargo.

The Imvros was carrying a large quantity of steel coils on its deck, which shifted during the voyage, causing the ship to capsize and sink. The cause of the accident was determined to be improper stowage and securing of the deck cargo. The ship’s crew had not properly secured the cargo with lashings, and the steel coils were able to shift and slide during the voyage.

The Imvros 1999 case highlights the risks associated with transporting deck cargo on a ship. Deck cargo is more vulnerable to the effects of weather and waves, and improper stowage and securing can cause cargo to shift and slide, leading to damage or loss of the cargo and potentially the ship.

Shippers of deck cargo have a responsibility to ensure that their cargo is safe for transport and properly secured on the deck of the ship. This responsibility includes proper packaging, labeling, and marking of the cargo to withstand the hazards of transportation, as well as providing accurate and complete documentation for the cargo. Shippers must also ensure that the cargo is stowed and secured properly on the deck of the ship to prevent shifting or sliding during the voyage.

The Imvros 1999 case is a tragic reminder of the risks associated with transporting deck cargo on a ship. Shippers of deck cargo have a responsibility to ensure that their cargo is safe for transport and properly secured on the deck of the ship. Proper packaging, labeling, and documentation, as well as proper stowage and securing, are crucial to minimizing the risks of damage or loss of cargo and ensuring safe and efficient transportation of goods.

 

Risks of Deck Cargo Shippers and The Galileo 1914 Case

The Galileo 1914 Case: A Historical Example of the Risks of Deck Cargo Shippers

The Galileo was a cargo ship that sank in 1914 off the coast of Italy while carrying deck cargo. The ship was carrying a large quantity of railway tracks on its deck, which shifted during the voyage, causing the ship to capsize and sink.

The cause of the accident was determined to be improper stowage and securing of the deck cargo. The ship’s crew had not properly secured the cargo with lashings, and the railway tracks were able to shift and slide during the voyage.

The Galileo 1914 case is a historical example of the risks associated with transporting deck cargo on a ship. Deck cargo is more vulnerable to the effects of weather and waves, and improper stowage and securing can cause cargo to shift and slide, leading to damage or loss of the cargo and potentially the ship.

Shippers of deck cargo have a responsibility to ensure that their cargo is safe for transport and properly secured on the deck of the ship. This responsibility includes proper packaging, labeling, and marking of the cargo to withstand the hazards of transportation, as well as providing accurate and complete documentation for the cargo. Shippers must also ensure that the cargo is stowed and secured properly on the deck of the ship to prevent shifting or sliding during the voyage.

The Galileo 1914 case is a historical example of the risks associated with transporting deck cargo on a ship. Shippers of deck cargo have a responsibility to ensure that their cargo is safe for transport and properly secured on the deck of the ship. Proper packaging, labeling, and documentation, as well as proper stowage and securing, are crucial to minimizing the risks of damage or loss of cargo and ensuring safe and efficient transportation of goods.