Anchored Too Long? What You Need to Know About Anchor Changeover and NOR Validity

 ⚓ Anchored Too Long? What You Need to Know About Anchor Changeover and NOR Validity

Three Quick Questions for You:

• If a vessel shifts briefly from anchorage to test her engines, does the NOR remain valid?
• Could a simple anchor changeover trigger disputes between owners and charterers?
• Do you know the best practices to protect your rights while ensuring vessel safety?

Clause Breakdown & Practical Insight

The Scenario:
Your vessel has been at anchorage for more than two weeks. Company procedures require an anchor changeover to confirm both anchors are clear and to conduct a short sailing for main engine testing.

The Clause Context:
Most charter parties (including those under BIMCO wordings) provide that once a valid NOR (Notice of Readiness) is tendered upon arrival, its validity is not affected by subsequent shifts or short sailings, provided:

1. The vessel remains at or near the same port.
2. She is in the same operational condition.
3. No additional delay is caused to cargo operations.

Implications:

• For Owners: You safeguard the vessel’s equipment (anchors, engines) while preserving your NOR rights.
• For Charterers: You cannot reject a previously valid NOR simply because the vessel moved briefly for operational reasons.
• For Both Parties: Misunderstandings here often lead to disputes over laytime commencement.

Examples & Case Law:

• The Maratha Envoy (1978): Courts held that a valid NOR remains intact despite temporary vessel shifts.
• BIMCO Commentary: Short operational moves (e.g., bunkering, safety, testing) do not invalidate NOR once properly tendered.
• Common Pitfall: Failing to notify charterers/agents of the reason for shifting, leading to unnecessary disputes.

 

Actionable Steps

For Owners/Managers:

✅ Always document the reason for heaving up anchor (safety, testing, etc.).
✅ Notify charterers and agents clearly, citing that NOR remains valid.
✅ Log engine test results and anchor changeover completion.

For Charterers:

✅ Acknowledge owner’s notice and confirm understanding that NOR validity continues.
✅ Avoid disputing laytime unless vessel readiness is genuinely compromised.

For Operators:

✅ Keep communication polite, professional, and well-documented.
✅ Attach log extracts if required, showing continuous readiness.

 

Conclusion

In shipping, clarity prevents conflict. A simple operational necessity like anchor changeover shouldn’t turn into a costly dispute over NOR validity. By communicating openly and knowing your charter party rights, both owners and charterers can protect their positions.

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⚠️ Disclaimer

This blog is for educational and informational purposes only. It does not constitute legal advice. Readers should seek professional legal consultation for specific charter party disputes.