In English

Sjöfartsskyddsbestämmelsernas påverkan på liggetidsberäkning vid resebefraktning

Martin Jonsson ; Mats Colliander
Göteborg : Chalmers tekniska högskola, 2012. 50 s.
[Examensarbete på grundnivå]

This report is aimed to investigate the ISPS-code and voyage chartering, and investigate how the code affects the charterer and owner. The SOLAS convention was amended in 2004 as a result of the new terror threat, and the ISPS-code was then added to the convention as an annex. The new code affects different parties involved in voyage chartering, and everyone has to adapt to the new routines. Furthermore, some parts of voyage chartering are more vulnerable than others. Laytime is an essential part of a ships voyage, and a vast amount of money is linked to a vessel’s portstay. A violation of the ISPS-code allows the designated authorities in charge of maintaining the protection of ships and port to intervene and investigate the cause of non-compliance during the vessels portstay. Thus, the laytime can be directly affected by the ISPS-code. The question is who is responsible for the delays and in turn the economic risk of an ISPS related delay or cancellation of voyage? As a result of our investigation, we concluded that the ISPS-code is related to the seaworthiness of a vessel. If the obligations of the security requirements are not met, the vessel can be classified as non-seaworthy. In most voyage charterparties, such as GENCON 94, there is a clause that states that the owner shall provide a seaworthy ship. In English jurisdiction, the owner’s responsibilities to provide a seaworthy ship is even a so called implied term. Hence, a breach of the ISPS-code is directly linked to the seaworthiness of the ship, and the owner is responsible for the delays caused by lack of ISPS documents and certificates.

Nyckelord: ISPS, code, voyage charter, seaworthiness, Gencon, Notice of Readiness, charterparty

Publikationen registrerades 2012-11-29. Den ändrades senast 2013-04-04

CPL ID: 166823

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