Section 20.2 The Master’s Authority and Responsibilities under Charter Parties

While the shipowner enters into the charter party agreement, the Master is the owner’s representative on the front line, responsible for its practical execution. The Master’s authority is primarily derived from maritime law, the law of agency, and the specific terms of the employment contract with the owner. However, charter parties often delineate or impact the Master’s operational responsibilities and interactions with the charterer.

1. Overriding Authority for Safety and Seaworthiness:

Paramount Responsibility: Irrespective of any charter party clauses, the Master always retains overriding authority and responsibility for decisions concerning the safety of the crew, the vessel, its cargo, and the protection of the marine environment. This authority cannot be overridden by charterers’ instructions if such instructions would compromise safety or seaworthiness.

SOLAS and ISM Code: These international regulations reinforce the Master’s authority in matters of safety and pollution prevention. The ISM Code explicitly states the Master has the overriding authority and the responsibility to make decisions with respect to safety and pollution prevention and to request the Company’s assistance as may be necessary.

Refusal of Unsafe Orders: If the Master believes that an order from the charterer (e.g., to proceed to an unsafe port/berth, to load a cargo in a dangerous manner, or to sail in unsafe weather) would endanger the vessel or crew, they have the right and duty to refuse such an order, always informing the owners immediately.

2. Compliance with Charterers’ Voyage Instructions (Time Charters):

Employment of the Vessel: Under a time charter, the charterer has the right to employ the vessel and give instructions regarding its voyages, ports of call, and cargo to be loaded (within the limits agreed in the C/P). Standard clauses (e.g., “Master to be under the orders and directions of the Charterers as regards employment and agency”) are common.

Lawful Instructions: The Master is generally obliged to comply with the charterers’ lawful voyage instructions, provided they do not compromise safety, are within the geographical limits of the charter, and concern cargoes permitted by the C/P.

Navigation and Management: However, the charterers’ instructions relate to the employment of the vessel (commercial matters), not to its navigation or management (technical operation and safety), which remain the responsibility of the Master and owners. This distinction can sometimes be a source of dispute. For example, the route taken, speed, and decisions on ballasting for stability are matters for the Master, although the charterer may have an interest in voyage duration and fuel consumption.

3. Cargo Operations:

Voyage Charters: The responsibility for loading, stowing, trimming, and discharging the cargo can vary. It may be the charterer’s responsibility (FIOS – Free In and Out Stowed), the owner’s, or shared. The Master must understand these terms.

Time Charters: Typically, the charterer is responsible for and bears the cost of cargo operations. However, the Master retains responsibility for the overall safety of these operations, the stability of the vessel, and ensuring the cargo is loaded and stowed in a manner that does not damage the vessel or other cargo, and complies with relevant regulations (e.g., IMSBC Code).

Supervision: The Master and ship’s officers must supervise cargo operations to the extent necessary to protect the owner’s interests and ensure safety, even if the charterer is primarily responsible.

Issuing/Signing Bills of Lading (B/L):

The Master (or agent on their behalf) signs Bills of Lading, which are receipts for the cargo, documents of title, and evidence of the contract of carriage.

The Master must ensure that the B/L accurately reflects the quantity and apparent order and condition of the cargo loaded.

If there are discrepancies (e.g., short shipment, damaged cargo), the Master should clause the B/L accordingly or issue a Letter of Protest. Refusing to sign clean B/Ls when cargo is damaged can be contentious but is often necessary to protect owners.

Charter parties often contain clauses requiring the Master to sign B/Ls “as presented” by the charterer, but this is usually qualified by “without prejudice to the charter party” and does not oblige the Master to sign B/Ls that are manifestly incorrect or fraudulent. The Master should always seek owner’s guidance if in doubt.

4. Safe Port / Safe Berth Warranties:

Charterer’s Obligation: Most charter parties contain an express or implied warranty from the charterer that the nominated port(s) and berth(s) will be safe for the vessel to reach, use, and return from.

Definition of Safety: A port/berth is generally considered safe if, during the relevant period of time, the particular ship can reach it, use it, and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation and seamanship. Safety includes political safety, physical safety, and considerations of weather, navigational hazards, and port infrastructure.

Master’s Assessment: The Master has a duty to assess the safety of a nominated port/berth. If, after careful assessment (using charts, pilot books, local information, weather forecasts), the Master reasonably believes the port/berth to be unsafe, they should inform the owners and charterers and may be entitled to refuse to proceed. This is a significant decision and should be well-justified.

“Always Afloat” Clause: Often linked to safe port/berth, this clause requires that the vessel remains afloat at all times.

5. Communication with Charterers and their Agents:

Professionalism: Maintain professional, courteous, and timely communication.

Formal Channels: Usually, direct communication with charterers is through the owners/managers. However, the Master will deal directly with charterers’ agents in port.

Clarity: Ensure instructions from charterers (usually relayed via agents or owners) are clear and understood. Seek written confirmation for important instructions.

Protecting Owners’ Interests: While complying with lawful charterer instructions, the Master’s ultimate duty is to the owners. If an instruction appears to conflict with the owner’s interests or the C/P, the Master should seek guidance from the owners.

6. Record Keeping and Documentation:

Evidence: Accurate and contemporaneous records are vital in the event of disputes. This includes logbook entries, Statements of Fact, Letters of Protest, survey reports, photographs, and all relevant correspondence.

Time Bars: Be aware that some C/P claims are subject to time bars, so prompt documentation and notification are essential.

7. Specific Responsibilities Often Detailed or Implied:

Prosecuting Voyages with Utmost Despatch: A common obligation, meaning the Master should proceed efficiently and avoid unnecessary delays (subject to safety).

Maintaining the Vessel: Ensuring the vessel is maintained in a thoroughly efficient state in hull, machinery, and equipment (especially under time charter).

Cooperating with Charterers’ Surveyors: Allowing access for cargo surveyors, draft surveyors, etc., appointed by charterers.

Bunker Management (Time Charter): While charterers provide and pay for bunkers under a time charter, the Master is responsible for safe bunkering operations, accurate measurement, and ensuring sufficient bunkers are onboard for the intended voyage, always keeping owners informed.

The Master’s role under a charter party is a balancing act: facilitating the commercial employment of the vessel as directed by the charterers, while always upholding their overriding responsibility for safety and protecting the shipowner’s assets and interests. A good understanding of the C/P, coupled with sound judgment and proactive communication, is key to navigating these responsibilities successfully.