pi_circular Operational riskCompliance & regulation Skuld
The development With immediate effect the Port of Durban has increased the under keel clearance requirement for vessels calling at container berths in the Port of Durban from 30 cm to 60 cm. This change has been made on the basis of safety requirements from the port. Going forward, any vessel calling at the berths with a draft in excess of 12.2 meters will be considered a "tidal vessel" and will need to apply to the harbour master's office, and provide tidal calculations, prior to arrival or departure. Furthermore, the port authority may ask the vessel to provide an indemnity as part of this procedure (more on which below). Details of this change can be found in the attached notice of 26 September 2014. Port and terminal indemnities The Association has noted that in recent times there have been more frequent demands for indemnities to be given by vessels to ports and terminals before calling and making use of their facilities. These indemnities often seek to do the following, which have significant liability consequences: provide complete indemnities to the beneficiary of the indemnity irrespective of fault or circumstance provide indemnities for extensive matters, such as providing a full reimbursement of legal and other costs require the waiver of defences and exclusions to liability seek to introduce unlimited liability and / or waive rights to limitation of liability impose local law and jurisdiction These, especially points 1-4, may take the indemnity outside and beyond the scope of P&I cover and expose the member to risks which are uninsured, and potentially uninsurable. This development has been noted at the International Group P&I level and is being investigated further. If members are asked to agree to sign off on such indemnities, they are asked to contact the Association and provide details of the requested indemnity / documents, so that further advice may be given on the potential risks and liabilities that the member is facing. Loss prevention a
South Africa, Port of Durban: Container berths - increase in under keel clearance requirement
Skuld
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