UNIT FIFTEEN SEA PROTEST

In any of the circumstances enumerated below it is advisable for the master to note a protest. 1. Whenever during the voyage the ship has encountered conditions of wind and sea which may result in damage to cargo. 2. When from any cause the ship is damaged, or there is reason to fear that damage may be sustained. 3. When through stress of weather it has not been practicable to adopt normal precautions in the matter of ventilation of perishable cargo. 4. When cargo is shipped in such condition that it is likely to suffer deterioration during the voyage. In this case, however, the protest will not be effective unless the bills of lading were endorsed to show the condition of the cargo at the time of shipment. 5. When any serious breach of C/P terms is committed by the charterer or his agent, such as refusal to load, unduly delaying loading, loading improper cargo, refusal to pay demurrage, refusal to accept B's/L in the form signed by the master, etc. 6. When consignees fail to discharge cargo or take delivery thereof, and pay freight in accordance
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with C/P or B/L terms. 7. In all cases of general average.

Protest should be noted as soon as possible, certainly within 24 hours of arrival in port. and in the case of cargo protests before breaking bulk. A "note of protest" is simply a declaration by the master of circumstances beyond his control which may give, or may have given, rise to loss or damage. Such declaration must be made before a notary public, magistrate, a consular officer, or other authority. Usually, statements under oath will be taken from the master and other members of the crew and these statements will have to be supported by appropriate log book entries. At the time of noting protest the master should reserve the right to extend it. Protests are admissible in evidence before legal tribunals and, in many cases, are essential to the establishment of a claim. (a) In many countries, particulary on the Continent protests are received in evidence as a matter of course. (b) In the United Kingdom, however, they are not accepted as evidence in favour of the party making the protest unless both parties consent. The chief use of a protest in the United Kingdom is to support a claim by a cargo owner against his underwriters. There is no legal necessity for a protest in the United Kingdom and legal rights are in no way affected if a protest has not been noted.
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On the Continent the position is different; there the noting of a protest is a condition precedent to certain legal remedies. For example, consignees cannot make a claim for cargo damage unless they protest within 24 hours of taking delivery of the goods and follow this up by a court summons within one month. The master, if he delivers the cargo and accepts the freight, will be barred from claiming the cargo's contribution in general average unless he notes protest within 24 hours and notifies the consignee that he has done so. It is not essential that a protest should be made on a special form but it is advisable and usual in practice.

A typical protest form reads as follows:

NOTE OF PROTEST (US)

On this

day of in the year One Thousand Nine Hundred and personally appeared and presented himself before me Consul/Notary Public , Master of the called the of Officia1 Number and Tons Register, which sailed from on or about the day of with a cargo of bound for and arrived at on the day of and fearing loss of damage owing to he hereby notes his protest against all losses, damages & etc., reserving right to extend the same at time and place convenient. Signed before me Consul Notary Public at (signed) Master (signed)

this

day of

Two Thousand..

I certify the foregoing to be a true and correct copy of the origina1 Note 3 of Protest, entered in the Acts of this Consulate and copied therefrom. Consul Date

Here are some more examples of sea protests and extracts from logbooks: (1)
N O T E O F P R O T E S T (UK) Be it hereby made known:
That on this the day of in the year of Our Lord, Two Thousand and ____ and personally appeared and presented himself in the office of Attorneys and Notaries before me, John Mills , Notary Public, by the authority of Government, duly admitted and sworn, Henry J. Smith , Master or Commander of the MV Greenhouse which sailed on a voyage from on the 23rd day January 20 laden with a full and complete cargo of calling at Algeciras and Port of New York and arrived at this Port on 15th day of February 2004 now lying within the harbour. And the said Appearer did hereby declare to note his protest against all perils, dangers, casualties and occurrences of all nature or kind whatsoever and all loss or damage thereby occasioned, reserving to himself the right to extend the protest in times and places convenient, and causing this minute of all singular the premises to be entered in this register.

(Sgd) Agents. Master. QUAD ATTESTOR Notary Public

(2) Notary Office: Genoa, Italy

, Master of the M/V under the flag of the Republic of Croatia, owned by , Croatia, Gross Tonnage , Net. Tonnage , sailed from Rijeka, Croatia on , to Genoa, Italy, via Venice, Italy with a full load of bulk wheat of Tonnes. During the voyage the vessel met with stormy weather and heavy seas, the ship suffered rolling and pitching, heavily shipping water fore and aft and spraying overall. All precautions were taken to save the cargo and the ship but nevertheless, fearing damage to the cargo during the bad weather, I state the present sea protest, reserving the right to extend the same at the time and place convenient. I

Witnesses: 1. 2. Master 3.

, Second Mate ,Chief Engineer,

The Notary Office

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(3)

Note of Protest To

I, .........., signed below, in command of M/V ......... under ........ flag, of .......... gross and .......... net tons, owned by ........., loaded with tons of general/bulk/liquid cargo, sailed from .......... to .........., arriving in .......... on .......... 19, bring this protest against unlawful stopping and detention of my vessel by the .......... Authorities/Navy.

On the date after passing .. at hrs local time on position I have been summoned by a patrol/war ship carrying the colours of to reduce speed and prepare for search. Upon examination of the ships papers and cargo manifest the ship was released on at hrs free to proceed to her destination. The above said been duly noted in the ships official log, pp. .

As this is considered as an act of hostility and violation of the international law upon the high seas , I herewith lodge this protest and repudiate the responsibility for the possible consequences which may arise therefrom.

(4) Extract from logbook: heavy weather damage.

4 December, 19 , 0800. On voyage from Yokohama to San Francisco with full cargo of uncrated motorcars (480). Course 068 true, speed 22.0 knots, wind S 7, sea 5, bar. 996 mb., overcast with squalls. 0830.received facsimile weather chart which indicated that a depression near Japan was quickly growing in intensity and moving eastwards at a speed of over 40 knots. Expected to overtake the ship early in the afternoon. All lashings on cargo were checked and in some cases doubled. 1000. Wind S9, sea 7, bar. 990 mb. falling rapidly, squalls. Hove to on a southerly course, speed about 3 knots. Rechecked cargo lashings. 1010 to 1535. Hove to in position: 38 18 N; 155 50 E. Wind of hurricane force, S 10 to 11, in the squalls up to 12 and over. Very heavy sea and fierce squalls. The ship is riding fairly easily, but rolls violently at times. 1445. Passage of cold front. Sudden shift of wind from S 12 to W 12. Bar. 972 mb. Heavy continuous rain. Ship buried in foam and spray. 1500. Wind W 10, mountainous cross sea, bar. 986 mb.
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rising rapidly. Wind beginning to moderate. 1535. Wind W 8, sea 7, bar. 990 mb., cloudy. Weather conditions improving. Resumed voyage on course 090 true, speed 12 knots. Inspected all holds and found that a lorry lashed in No. 2 upper tween decks portside had come partly adrift and had damaged three motorcars marked Honda 850. 1800. Wind W 7, sea 6, bar. 1000 mb. Weather conditions sufficiently good to increase to full speed, 22.0 knots, course 080 true. The turnaround this time was fairly quick and the ship is expected ready to leave for Buenaventura tonight. Master

QUESTIONS
1.
What is the most frequent reason for entering a sea protest? 2. When will the condition of the cargo shipped be acceptable as a reason for entering a sea protest? 3. What are the other reasons for filing a protest? 4. Within what time should a protest be noted? 5. What is the purpose of the sea protest? 6. Where is the note of protest lodged? 7. Where is the protest used as evidence? 8. Is the sea protest accepted as evidence in the UK? 9. What is the use of the marine protest in other European countries and Croatia? 10. When will the consignee be able to claim for cargo
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damage? 11. What must the sea Protest be supported by?

EXERCISES I COMPREHENSION AND VOCABULARY

1. Fill in the appropriate from of the verb in brackets: (LODGE, EXTEND, RELIEVE, ENTER, RAISE, ACCOMPANY) 1. A sea protest must within 24 hours of the ships arrival 2. Sea protests in cases of collision, fire on board, unfavourable weather, engine breakdown, generator failure, etc. 3. A protest can later on if necessary. 4. Sea protests are among the most important documents produced when claims against the Insurers. 5. Protests serve to the Shipowner from liability for alleged damage or loss to the ship or cargo. 6. A sea protest must by copies of the deck log book and of the engine-room log. 2. Fill in the blank spaces with the words in brackets (deck log): (DROPPED, HEAVE, PROCEEDING, APPARENTLY, SIGNALS, PRESCRIBED, PASSED, CAUSING, LODGING, HEARD,
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COMING)
10.00 Poor visibility. at half speed on variable course. 12.00 Foggy weather and restricted visibility. anchors in position 4003 N; 31 00 E waiting for improvement of visibility. Strengthened, uninterrupted watch and sounding blasts on ship's whistle. 12.30 Fog signals are from a vessel underway from port side forward. To attract her attention we gave fog consisting of short blasts and flare-up lights as by the Rules of the Road. 13.15 Heard a sound of heavy stroke coming from port side forward. The incoming vessel by our portside, struck the portside quarter, then bruised heavily the port shell plating, heavy damages. 13.40 It was proved that the colliding vessel was the m/v "SOLAS". 14.10 up both stbd. and port anchors. Engines stand by. 14.15 Slow ahead. Proceed to Barcelona for protest and repairs. 14.20 Full speed ahead toward Barcelona. 3. Supply the missing words (engine log): (ENGINE, STRUKE, BILGES, SPEED, ANCHORS, DAMAGE)
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10.00 Half ahead. 11.00 Slow ahead 11.15 Stop 12.05 Dropped both 13.15 Heard strong sound of heavy on the portside forward 13.30 No to engine. We fear damage to shafting line 13.50 Sounding and checking engine found dry. 14.00 Stand by engine; heave up both 14.15 Slow ahead 14.20 Full speed ahead. II GRAMMAR
1. Verb + Noun (object) Collocations. Study each sentence in the text where the noun "protest" appears, then find and underline all the verbs that take this noun as object (or subject of a passive sentence); e.g.: note a protest. 2. IT + BE + ADJECTIVE + to-INFINITVE. Compare the following pairs of sentences: that-CLAUSE

1.

2.

(a) It is advisable for the master to note a protest. (b) It is advisable that the master notes a protest. (a) It has not been practicable to adopt normal
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precautions in the matter of ventilation (b) It has not been practicable that normal precautions in the matter of ventilation be adopted. 3. (a) It is not essential to make a protest on a special form. (b) It is not essential that a protest is/be made on a special form.
Replace the TO-INFINITIVE constructions with THAT-CLAUSES as in the above examples:

1. It is necessary to note a protest immediately. 2. It is important to support the notes of protest by extracts from the logbook. 3. It is advisable to insist on the presence of the agent when noting a protest. 4. It is necessary to consult the logbook and other ship's documents. 5. It is advisable to note a protest in the first port of call. 6. It is most convenient to enter the ship outwards as soon as the Jerque Note has been issued. 7. It is important for the protest to be signed by witnesses.
3. Translate the above sentences (II 2) into our language. Note that IT is not translated by its equivalent T0, e.g.:

1. Nuno/potrebno je ..........
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2.

Preporuca se/preporucljivo je ..........

III TRANSLATION 1. (Extracts from a deck log) 10. Svibnja 04.20 NE vjetar jacine, nalazimo se bocno od rta Elli. Proli smo Dardanelski prolaz. Prolazimo tjesnacem Tenedos. 04.30 NE vjetar jacine 5, nalazimo se bocno od otoka Tenedos. 04.40 Kurs 2l2, teret redovno ventiliran 08.20 Preteni tank ispranjen, kotlovi napunjeni vodom iz tankova u strojarnici 10.15 Upravitelj stroja izvjetava da napojna pumpa (feed pump) kotla ne radi normalno i da je iskljucena. Treba je pregledati (overhaul). 12.10 NE vjetar jacine 5, kurs 212. Predena udaljenost 180 milja, vrijeme 22 sata, brzina 8 cvorova. Nebo oblacno, more umjereno do uzburkano (rough). Teret redovno ventiliran. Izmjerene kaljue (sound). 13.20 NE vjetar jacine 7/8, kurs 212. More jako valovito. Brod se valja i posrce. Valovi udaraju (hit) o palubu i povremeno (at intervals) prelamaju preko grotala (break). Zbog loeg vremena teret se ne ventilira redovno. 14.00 NE vjetar jacine 8/9, kurs 212. Veoma visoki valovi. Zbog nevremena teret se ne ventilira
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redovno. More je moda ulo (find way into) u skladita i smocilo (wet) teret. Ovo navodim radi zatite interesa broda i tereta.

11. Svibnja
07.00 NE vjetar jacine 6/7, kurs 260. Nalazimo se u blizini luke Pirej. Udaljenost 4 milje. Pozor u stroju. 09.00 Oborili sidro kod Pireja. 09.15 Dobili "slobodan saobracaj". Obavljamo (comply with) lucke i carinske formalnosti. 12.30 Proslijedili za luku Pirej. 13.40 Vezani u bazenu za generalni teret. Zatraili snabdijevanje vodom i gorivom. 14.30 Zapocele trgovacke operacije. 2. Da bi se prijavila pomorska nezgoda potrebno je potkrijepiti (support) prijavu izvacima iz dnevnika. 3. Bitno je da se protest prijavi u roku od 24 sata po dolasku broda u luku. 4. Nemoguce je da brodar uvijek zna tocno vrijeme krcanja broda. 5. Korisno je znati postupak (procedure) za prijavu pomorske nezgode. 6. Vano je znati gdje se moe prijaviti pomorska nezgoda.

IV GUIDED WRITING
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1. Make an outline (headings and sub-headings) of the text on the Note of Sea Protest. The outline should help you as a reminder in presenting the text both orally and in writing. Use PowerPoint or transparencies (slides). Suggestions:
1. _____________ 2. _____________ 2.1 _________ 2.2 _________ 2.2 (a) ________ 2.2 (b) ________ 2.3 ____________ 3. _____________ 4. _____________ 5. _____________

2. Make up a sea protest on the basis of the following headlines (add other information if necessary): - your vessel name "KOLJ" - cargo carried: refrigerated container cargo - voyage: Rijeka to Boston - cause of protest: breakdown of main generator no power for 10 hours - damage feared: possible deterioration of frozen and chilled cargo due to power failure in supplying reefer containers
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