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Carriage of deck cargo at sea and Hague-Visby Rules

General cargo ships guideline

Unless the contract contained in the bill of lading, charter party or sea waybill expressly provides otherwise, goods stated in the contract of carriage as being carried on deck and which are, in fact, stowed on deck will not be protected by the Hague-Visby Rules.

In view of the exclusion of coverage of deck cargo, where the Hague-Visby Rules are incorporated into a contract of carriage (e.g. by insertion of a Clause Paramount in a charter party or bill of lading), a shipper of deck cargo must make a separate contract with the carrier. The carrier, not being bound by any special rules covering deck cargo, is then free to insert in his “on deck” bill of lading any exceptions from liability he wishes. This generally means that the deck cargo will be carried on deck “at shipper’s risk”, i.e. without liability to the carrier for any loss or damage, however caused. Many carriers’ bill of lading forms contain an express clause underlining this position.

Where goods are, with the shipper’s agreement, stowed on deck, the carrier (or the master or agent on his behalf) should issue a bill of lading expressly recording the fact that the goods are carried on deck (e.g. by a “STOWED ON DECK” endorsement on the face of the bill) so that there is no doubt as to the special risks of the carriage. Any innocent transferee or endorsee of the bill of lading acting in good faith (e.g. a bank or third party buyer) will then know the risks attaching to the goods. (It would be unfair to transfer a bill of lading relating to deck cargo without declaring to the transferee that the goods are on deck and may therefore be damaged.)



Cargo which is carried on deck without being expressly stated as such in the bill of lading or waybill will be subject to the Rules, as will cargo which is stated as being carried on deck but which is, in fact, carried below deck.

In many time charterparties, responsibility for loading, stowing and discharging cargo lies with the charterer, unless specifically allocated to the ship owner. If this is so, as permitted under the Hague-Visby Rules, the charterer's responsibility will extend to matters affecting seaworthiness, the owner being liable only if the master intervenes in stowage arrangements. If charterers are responsible to load and stow containers, they're must follow regulations on segregation and stowage. If there is any breach the master must protest, requiring re-stowage 'in accordance with the IMDG Code' whilst leaving details of re-stowing to charterers.

Where deck cargo is jettisoned in a general average act

Jettison of Deck Cargo - of the York-Antwerp Rules 1994 provides that:

“No jettison of deck cargo shall be made good as general average unless such cargo is carried in accordance with the recognised custom of the trade.” This means that where there is a general average act (e.g. of jettisoning cargo to save the ship, other cargo, etc.) but the jettisoned cargo is not of a type customarily carried on deck (i.e. not timber, logs, containers on a purpose-built container ship, etc.) the cargo owner will have no claim under the York-Antwerp Rules to a general average contribution from the other parties to the adventure.

Where the jettisoned deck cargo was being carried in accordance with the recognised custom of the trade, however, as in the case of containers on a purpose-built container ship or logs on a purpose-built log carrier, the cargo owner will have a claim to general average contributions from the other parties to the adventure. He will also have a claim if the cargo had been carried on deck with the consent of all the other parties to the adventure.


Where jettisoned cargo had been wrongfully stowed on deck

Where jettisoned deck cargo had been stowed on deck without the shipper’s consent or knowledge, the shipowner, apart from being liable for breach of contract, will be totally liable to the goods owner.


Where deck cargo has been saved by a general average act

Where deck cargo is saved by a General Average act (e.g. by the refloating of a grounded ship), the owner of the deck cargo is liable to make a General Average contribution along with the other parties to the adventure who have benefited by the General Average act. Carriers usually underline this in an express statement in their bills of lading.


P&I club advice regarding carriage of deck cargo at sea

Where there is an agreement between the carrier and a shipper or owner of goods (or their agents) to carry goods under deck, but the goods are stowed on deck, the deck carriage will be a fundamental breach of contract similar in gravity to an unlawful deviation. The consequences will probably be that the carrier will have no defences to a claim for loss or damage, and he will not be indemnified by his P&I club.

P&I clubs recommend their members who regularly or occasionally carry cargo on deck to cover the deck cargo by an “on deck” bill of lading expressly recording the deck stowage. They also recommend the inclusion in the bill of lading of a clause disclaiming liability for loss or damage, howsoever caused. A statement such as “CARRIED ON DECK WITHOUT LIABILITY TO THE CARRIER” fulfils both these functions.

Even when there is no agreement concerning under-deck stowage, it may well be a fundamental breach of the contract of carriage to stow cargo on deck which:

• is not suitable for on-deck carriage; or
• is stowed in an unsuitable position on deck.

Some types of goods should never be stowed on deck. Other types of goods are unsuitable for deck carriage if they are not packed in such a way as to protect them from sea water damage.

The place of stowage on deck is also important. For example, an open-top container should not be stowed in an exposed tier at the forward end of the ship but could, in appropriate circumstances, be safely carried in a lower tier further aft. Unprotected vehicles and boats, etc. should not be carried outboard on the forepart of the upper deck, especially if their window glass is not specially protected.

The P&I clubs warn carriers that it is most important that, where their bills of lading are not claused for “on deck” carriage, they should incorporate a suitable liberty clause permitting on-deck stowage at the carrier’s option. Such a liberty clause is recommended even when the custom of the trade permits on-deck stowage, e.g. when closed containers are carried on purpose-built container ships. The purpose of these clauses (which are nevertheless ineffective in a few jurisdictions which do not follow the generally accepted principles of maritime law) is to ensure that the carrier has a contractual right to stow cargo on deck at his option. Liberty clauses must always be used reasonably, however, and should not be used to justify deck stowage for cargo which is unsuitable for deck stowage.

Timber deck cargo

A ship carrying a timber deck cargo must comply with the Carriage of Cargoes Regulations and must carry a copy of the IMO Code of Safe Practice for Ships Carrying Timber Deck Cargoes (TDC Code) . Requirements for the assignment of timber freeboards and load lines, and the carriage of timber deck cargoes, must be complied with.

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