This post first appeared in the January 2013 Asdem Oil Barge Newsletter. To see this Newsletter please go to www.asdem.co.uk and look for the ‘Newsletters’ tab
TTB rules state at 9.2.1 that time will start “upon scheduled registration of loading/discharging readiness on the part of the vessel on the agreed loading day … taking into consideration the notice period for nomination””
What happens if the barge starts to load early? Here are two examples where this can happen and the TTB rules do not clearly cater for the event.
1. Vessel commences loading prior to expiry of nomination period.
Let’s take an example where the agreed loading date is Thursday. The nomination is made on Tuesday at 1000hrs so that the nomination period of 48 hours becomes valid at 1000hrs on Thursday. The Barge arrives in the early hours and starts to load cargo at 0700hrs. Does time start at 0700hrs or 1000hrs?
2. Vessel Commences loading prior to the agreed loading day.
In this example let’s assume the agreed loading day is Thursday again but the barge arrives on Wednesday and commences loading at 1900hrs Wednesday. Does time start at 1900hrs Wednesday or 0001hrs Thursday or 1000hrs Thursday when the nomination period has expired?
In each of these examples the wording at 9.2.1 does not make it clear when time starts and I’m sure a case can be made on both sides of the argument.
My view is that time in both of these cases must start on commencement of loading as a charterer/supplier cannot make use of a barge without paying for it. Most tanker charter parties have provisions for vessel loading early and have laytime credits for the period by which the tanker has loaded early – could we see similar provisions in barge contracts in the future? If you have a view on this please add your comments here.