Beyond the Call of Duty: Decoding Clause 33 on Crew Assistance in Port Operations

Beyond the Call of Duty: Decoding Clause 33 on Crew Assistance in Port Operations

 

Is your crew obligated to work on Sundays and public holidays?

Can charterers demand crew involvement in cargo supervision?

Could misunderstanding Clause 33 expose you to port fines or delays?

 

If any of these made you pause, you’re not alone. Clause 33—Crew Assistance—is one of the most operationally misunderstood yet frequently invoked provisions in charter parties.

This blog breaks it down so owners, managers, and charterers alike know exactly what to expect—and avoid costly missteps.

 

Clause 33 – Crew Assistance: Unpacking the Scope

Clause 33 obligates the vessel’s officers and crew to perform specific operational tasks in port—many of which directly assist cargo operations and port efficiency. But the duties are bound by local port regulations and practical onboard limitations.

 

Here’s what’s covered:

 

🔹 a) Rigging, Raising & Lowering of Derricks / Cranes

The ship’s crew must handle their own cargo gear, preparing it for use by stevedores or port workers. This is standard under FIOS and FIOST terms.

🛠️ Practical Tip: Ensure that rigging plans and lifting procedures are documented and included in the ship’s SMS.

 

🔹 b–c) Hatch Covers & Beams

Opening/closing hatches and removing beams are crew responsibilities. Delays in this area can slow loading and lead to port stay penalties.

📘 BIMCO Insight: Many Time Charter Parties (NYPE 2015) include similar provisions, especially where vessel readiness is essential for cargo operations.

 

🔹 d) Shifting & Docking

Whether it’s moving the ship within port or from berth to anchorage, crew must support these operations—if safe and practical.

⚠️ Pitfall: Poor coordination with tugs or port control can lead to crew fatigue or violations of rest hours under MLC.

 

🔹 e) Bunkering

Clause 33 includes crew assistance during bunkering—both for logistics and safety monitoring.

💡 Tip: Ensure your officers are trained on MARPOL Annex VI requirements and updated bunker sampling procedures.

 

🔹 f) Power & Crane Care

Maintaining power supply during loading/discharging and ensuring winches/cranes are properly monitored is essential to prevent damage or injuries.

⛓️ Example: If cargo winches overheat due to continuous use, the crew is expected to cool and inspect them—delays or breakdowns could be blamed on neglect.

 

🔹 g) Cargo Supervision

Officers must supervise loading, stowage, and discharging to ensure cargo is safely handled and vessel stability is maintained.

🚨 Caution: This doesn’t make them stevedores—crew supervises, not operates, third-party loading unless explicitly agreed.

 

🔹 h) Pre-Arrival Prep

Crew must ensure hatches, holds, and cargo gear are clean, ready, and compliant before port entry or ops commencement.

🧹 Practical Tip: Use a pre-arrival checklist and document hold inspections with timestamped photos.

 

🔹 i) Around-the-Clock Work

Yes—crew is expected to work days, nights, weekends, and holidays, as long as port rules allow it.

⚖️ Limitation: MLC 2006 still applies. You must track work/rest hours and comply with fatigue management standards.

 

🔹 Local Regulations Override

All the above are only enforceable where local port regulations permit. In some countries (e.g., Australia, Argentina), crew involvement in cargo operations may be legally restricted.

📚 Case Study: In The MV BULK TAIPEI (Arbitration, London, 2018), the vessel was penalized for non-compliance where crew could not legally engage in hatch operations due to union rules.

 

Actionable Steps for Stakeholders

✅ Ship Operators / Masters

• Include Clause 33 procedures in the shipboard SMS and pre-arrival checklists.
• Track and document crew work/rest to avoid MLC violations.
• Coordinate with agents about port-specific limits on crew involvement.

✅ Ship Managers

• Verify crane, hatch cover, and bunker operation training as part of crew induction.
• Maintain clear logs of cargo supervision roles and any non-conformities.
• Liaise with Charterers and legal team about ports where crew involvement is limited.

✅ Owners

• Align Charter Party clauses with the ship's technical and manning capabilities.
• Insert specific wording to protect against crew being forced into illegal activities.
• Negotiate off-hire protections if port regulations override crew participation.

✅ Charterers

• Don’t assume full crew availability—check local laws first.
• Confirm in voyage instructions what is expected from the crew.
• Keep clear boundaries between supervision and stevedoring.

 

Conclusion: Know What Your Crew Can—and Can’t—Do

Clause 33 isn’t just about assisting in port—it’s about managing expectations and complying with safety, legal, and operational frameworks. Done right, it improves turnaround time and coordination. Done wrong, it could trigger legal disputes or regulatory penalties.

 

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