Grounded to Avoid Collision? Here's What Shipping Ops Must Know About Stakeholder Responsibility, Costs & Claims

 🚢 Grounded to Avoid Collision? Here's What Shipping Ops Must Know About Stakeholder Responsibility, Costs & Claims

❓ Could this have been avoided?

❓ Who pays when your vessel grounds while preventing a bigger disaster?

❓ Can Ship B or the port be held accountable if your vessel acted swiftly and safely?

 

If you’ve asked yourself these questions — you’re not alone.

 

📘 Clause Context: Collision Avoidance Leading to Grounding & Resulting Costs

Real-World Scenario:

Your vessel (Ship A) was departing Maputo port under pilotage. Another vessel (Ship B) was being berthed. Shockingly, no bridge team was present on Ship B. To prevent a collision, your vessel’s bridge team acted swiftly, executing a maneuver that caused the vessel to ground. This led to:

• A 1.5-day delay
• Tug, pilot, and diver costs
• Potential P&I and H&M claims

This is a textbook case where collision-avoidance actions create new challenges — and raise important questions around responsibility, costs, and charter party implications.

Let’s break down the clause's operational and legal essence — in clear, practical language.

 

🎯 Key Takeaway: Who’s Responsible, and What Happens Next?

👥 Stakeholder Responsibility Map

Stakeholder	Key Responsibility	May Bear Costs?
Ship A (You)	Ensure safe navigation, Master retains command	Yes, if partial fault proven
Ship B	Bridge must be manned, safe berthing	Yes, if negligence confirmed
Pilots	Safe vessel handling, traffic coordination	Yes, under port authority
Port Authority	Manage traffic, issue clearances, ensure safety	Yes, if mismanagement proven
P&I Club (A)	Support, claims handling, recovery	No (unless no recovery)
P&I Club (B)	Defend or settle claim if Ship B at fault	Yes
Charterers	Protect timeline, may be affected financially	No direct cost unless cause
Underwriters	Hull/engine damage, cover repair (after deductible)	Yes, if damage occurred

 

📋 Clause Implications & Common Pitfalls

💡 Implication 1:
The "pilot onboard" does not absolve the Master or the port from responsibility.
Even though the pilot guides the vessel, the Master has overriding authority. Clear communication between both pilots (Ship A & B) is vital.

💡 Implication 2:
When Ship B’s bridge is unmanned during berthing, it may constitute gross negligence — which is crucial for recovering your costs via P&I.

💡 Implication 3:
Grounding done to avoid imminent collision may be considered a "justified act" under various case law precedents, and not contributory negligence.

 

⚖️ Legal & Case Study Reference:

• The “Orapin Global” (2005): Acted to avoid a greater risk and grounded — P&I accepted it as reasonable.
• BIMCO Commentary on Port Responsibility: Emphasizes coordination duty between pilots and VTS.
• UK Admiralty Law: Recognizes the Master’s urgent judgment during emergency navigation maneuvers.

 

✅ Operational & Managerial Action Steps

 

For Ship A Operations/Owners:

1. Secure Master’s Full Report: With timelines, bridge log, VDR, engine log, position data.
2. Notify Stakeholders Immediately:
• P&I Club (with estimated cost breakdown)
• H&M Underwriters (if grounding caused damage)
• Class & Flag (if hull/structural concern)
• Charterers (to clarify impact on laytime/off-hire)
3. Preserve Critical Evidence:
• VDR recordings (bridge audio + radar)
• Pilot-Master Exchange form
• Photos, videos, CCTV (via local agent)
• Port VTS transcripts (ask via agent or P&I correspondent)
4. Cooperate with Surveys:
• Internal hull inspections, class attendance, diver reports
5. Estimate Claims:
• Pilotage, tug, diver, delay = potential third-party claim against Ship B or port
6. Review with Legal Advisors:
• Was your maneuver defensible? If yes, prepare cost recovery strategy.

 

For Ship B Operations:

• Issue incident report and explain manning failure (if true).
• Cooperate with port/VTS investigation.
• Prepare for possible claims by Ship A's P&I Club.

 

For Charterers:

• Check impact on laytime/off-hire.
• Maintain communication and clarify charter party position.
• Review clause on delays caused by third-party negligence.

 

📁 Critical Documents to Retain

• Master’s incident report
• Deck and engine logs
• VDR & ECDIS backup
• Pilot card & exchange
• CCTV footage (if any)
• Statement of Facts (SOF)
• Diver and tug invoices

 

🔚 Conclusion

Accidents like this raise serious questions about shared responsibilities in port waters. But with a methodical response — you can protect your vessel, crew, and company from wrongful liability and recover rightful costs.

👉 Want sample letters to P&I Club or Port Authority? A timeline chart? Insurance claim draft? I’ve got you covered.

📩 Like, comment, or subscribe to ShipOps Insight with Dattaram for in-depth operational guides made simple for shipping pros.

 

⚠️ Disclaimer

This post is for educational and informational purposes only. It does not constitute legal advice. For specific claims or legal matters, always consult your legal or P&I advisor.