When the Current Runs Strong: Navigating Berthing Without a Pilot

⚓ When the Current Runs Strong: Navigating Berthing Without a Pilot 🚢

❓ Are You Ready to Dock Without a Pilot When Currents Are Raging?

• Can your vessel legally maneuver in a 2-knot current without a pilot?
• Have you assessed the operational risks and legal liabilities involved?
• Would you know what steps to take if no pilot is available — and charterers are pressing?

 

📜 Charter Party Clause Breakdown:

"In the event of strong tidal or river currents exceeding 2 knots and the unavailability of a pilot, the Master shall take all reasonable and safe measures to ensure the vessel remains safely alongside. Owners shall not be held liable for any delay or costs incurred as a result of waiting for suitable conditions or tug assistance, provided a detailed log is maintained."

 

✅ What Does This Mean?

This clause allows Masters to act prudently when environmental conditions (like strong currents) and absence of a pilot present a risk to vessel safety. It protects Owners from liability when a delay is caused by such conditions—as long as proper steps are taken and logged.

 

🧭 Practical Implications

• Master's Authority: The Master can decide not to proceed with berthing/unberthing without a pilot under unsafe conditions.
• Time Lost: This clause may shift liability for delays back to Charterers when decisions are justified and documented.
• Tug Assistance: Charterers may be requested to provide tugs, especially when pilot service is unavailable.

 

⚠️ Common Pitfalls to Avoid

• Failing to log key decisions and communications can nullify protections.
• Misjudging current strength — ensure proper current data from port authorities.
• Not conducting a formal risk assessment may weaken legal defenses.
• Engaging engines without informing stakeholders or tugs may risk accidents.

 

🛠 Examples & Best Practices

🔹 Example: A vessel berthed in Port X without a pilot due to unavailability. Strong river currents (2.3 knots) were observed. The Master logged hourly conditions, kept engines on standby, and used tugs as lateral pushers. A claim was filed for delay — but rejected due to clear documentation and alignment with this clause.

🔹 Tip: Always clarify with Charterers in writing when tugs or delays are needed due to safety concerns.

🔹 BIMCO Commentary: Although not a standard BIMCO clause, similar principles exist in CONGENBILL and GENCON where reasonable delay due to safety is accepted when properly documented.

 

🔑 Action Steps for Operators, Managers & Masters

1. Verify Current Strength: Use local port data or tide tables.
2. Conduct Risk Assessment: Engage the bridge team and shore office.
3. Communicate with Charterers: Request tugs or confirm standing orders.
4. Log Everything: Maintain a timestamped record of decisions, conditions, and communications.
5. Use Crew Smartly: Post crew at gangway, helm, and critical stations.
6. Don’t Hesitate to Refuse Unsafe Orders: Safety first, always.

 

🚀 Conclusion & Call-to-Action

Navigating in strong currents without a pilot isn’t just risky—it’s a judgment test for the Master and the operations team. When in doubt, document, delay, and demand clarity.

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⚠️ Disclaimer

This blog is for informational purposes only and does not constitute legal or operational advice. Masters and operators should refer to specific charter party terms, port regulations, and internal SOPs before taking any actions.