Master engaged tugs for safety

One of the disputed issues under the amended ASBATANKVOY charterparty concerned the owners’ claim for approximately USD 30,000 in standby tug costs incurred during two separate periods. During the first period, following damage to a terminal railing caused by a passing vessel, the Master arranged for a tug to assist in maintaining the vessel alongside the berth. During the second period, two tugs were engaged to push the vessel alongside the berth while cargo loading operations were carried out.

There was no clear evidence of the exact nature of the terminal’s facilities or how the vessel was secured to the available buoys and bollards. The deck log indicated that the Mississippi River current had a velocity close to 3 knots during said periods. The Charterer asserted that there was evidence that the ship did not put out sufficient lines to take advantage of all available mooring points, but the evidence on this point was insufficient to support such a finding.

Despite the unsatisfactory state of the evidence, it was found that the master did not act unreasonably in considering that existing conditions required tug assistance to ensure the vessel's safety and to avoid interruption of the loading operation. The owners' claim succeeded.

Editor’s note: Several published LMAA and SMA awards have considered similar issues arising at river ports, where prevailing weather and river conditions necessitated the employment of tugs to keep vessels safely alongside during loading and discharge operations.

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