Laytime and free pratique
Laytime commences once a valid NOR is tendered. This
article discusses how the requirement for free pratique
can affect the validity of an NOR, looking at relevant cases
to provide guidance.
Jamie Green
Claims Executive, Mediterranean and
Middle East
+44 20 7680 5611
[email protected]
Commencement of laytime Eagle Valencia1 . However, in reality,
Owners will always seek to start although this may seem like an
laytime running from the moment outdated concept, the free pratique
they present their ship to charterers still forms an important part of the
at the agreed port or berth so as ship’s papers and can cause problems
to avoid responsibility for delays for owners if it is not obtained. In fact,
that are beyond their control. the common law position is often
superseded by express agreements
In order for laytime to start, owners between owners and charterers. For
must tender a valid Notice of instance, clause 6.3 of the BPVOY4
Readiness (NOR). The purpose of an form charterparty states that:
NOR is to inform the charterer that
loading or discharge operations are ‘Notwithstanding tender of a valid NOR…
ready to commence and to provide a such NOR will not be valid unless the
tangible starting point for laytime. following conditions have been met…
In order to be valid, the NOR must 6.3.3 If free pratique is not granted within
be tendered when the vessel is in six (6) hours of the Master tendering
all respects actually ready to load. NOR…the Master shall issue a protest
This will depend on a number of in writing…to the port authority and
factors, including whether the ship the facility at the port (“Terminal”)…’
has complied with all the port health
and documentary requirements. And clause 7.3.2 states:
The effect of free pratique ‘Laytime or, if the Vessel is on demurrage,
One such factor is whether the demurrage shall commence…upon
vessel has been granted her free the expiry of six (6) hours after a
pratique. Free pratique is essentially valid NOR has become effective as
the licence given to a ship to enter determined under Clause 6…’
a port on the assurance that she is
free from contagious diseases. Therefore, on the assumption that
articles
Legal
free pratique is a requirement of a
The granting of free pratique is seen particular port, owners must ensure
as something of a mere formality that it is granted within six hours of
and, at common law, will not prevent tendering an NOR in order for it to be
a valid NOR from being tendered, valid and for laytime to commence.
1 [2010] EWCA Civ 713. as noted by Longmore L.J. in The
Standard Safety, Tankers May 2016 35
Laytime and free pratique continued
Situations where free pratique is when loading/discharge operations
not granted commence. However, it does not
If free pratique is not granted in say what is to happen if free pratique
this period, owners can protect is not granted but the master
themselves from being penalised does serve a Notice of Protest.
under clause 6 by issuing the
appropriate Notice of Protest. Conclusion
There is no express authority on
This is without question and was this point, but on the balance of
confirmed in the Bow Cedar 2, where it probabilities, it is likely that laytime
was held, obiter, that an NOR becomes will start to run from the service of
effective on the master issuing a the Notice of Protest. This should
protest. However, on the assumption therefore incentivise the master to
that the appropriate protest has serve his protest promptly after the
been registered, the key question is: six-hour time frame. Of course, if there
when will laytime now start to run? is ever any doubt over the validity of an
NOR, the master should be instructed
Clause 6.3.3 states that if free pratique to tender additional NORs at frequent
is not granted and the master does intervals on a without prejudice basis
not serve a Notice of Protest, laytime in order to protect their position.
will not run until free pratique is in
fact granted. Failing that, it will start
2 [2004] EWHC 2929 (Comm).
36 Standard Safety, Tankers May 2016
