It is imperative that a carrier’s agent complies with the cargo release terms, which generally requires the presentation of the original bill of lading. The case of Motis Exports v Dampskibsselkabet AF 1912 and Another emphasised this point.


On occasions agents show a lack of judgement in not complying with the release terms, but take an alternative approach without first obtaining the required authority. Such action usually relates to:


● A consignee’s letter of credit.


● A consignee’s letter exonerating the agent from their action.


● A bank guarantee confirming that sufficient funds exist in an account on a specific date.


● Agreement between agent and receiving party.


● Shipper’s extended credit facility, minus the authority to release the cargo.


Container top safety


Good practice minimises accidents and can save lives, good intentions do neither.


onboard the ship is operated from the deck, or possibly a safe walkway, level.


In order that containers can be safely secured, automatic or semi-automatic twistlocks need to be used and lashing rods need to be constructed such that they can be handled easily and safely and secured properly without the dockworkers having to be raised above the deck, or safe walkway, level.


The top tier of a stack of containers needs to be secured at the top of the container and the positioning of bridge-pieces normally does this. Dockworkers do need to be positioned on the top of containers on the top tier to fit these bridge-pieces. The port or terminal normally has specialised cages fitted with fall-arrester systems to facilitate this particular operation.


All of the above arrangements for loading and unloading ships are based on the ship being alongside a pier, quay or wharf and properly secured against unwarranted movement.


These arrangements do not mean that the ships’ crew can be ignorant of these operations and the special nature of the equipment as they will need to be able to operate these items of equipment in an emergency whilst the ship is at sea (SOLAS). Training in the safe operation of these pieces of equipment is an essential part of the management and running of the ship. Initial training can be carried out on shore based facilities, providing a sufficient ‘mock-up’ of the arrangement for stacked containers onboard can be arranged, but training in the ship environment is likely to be more instructive.


The subject of container top safety has been discussed in detail by various maritime organisations. The conclusions have brought about


numerous changes in the applicable laws in a number of countries, most notably the United States of America and Japan. Both of these countries require all ships calling at their ports to comply with their legislation relating to the safety of dockworkers in the operation of loading and unloading containers.


Each of these countries has a requirement that dockworkers are able to secure containers without going on to the top of containers that are stacked more than one high, whether on the quayside or on the ship. For ships to comply with the applicable law means that the equipment for fitting and securing containers


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All training should be frequently practiced, in a safe environment, and the training should be reviewed after each practice session. This is essential as the requirement for automatic and semi-automatic equipment becomes more widespread in ports and terminals throughout the world.


The fact that the USA and Japan has put such


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