Requirement of all voyage charters that the ship must have arrived before
notice of readiness can be given and hence laytime can commence. Where a
berth or dock has been nominated by the charterer, the ship must have arrived
at that berth or dock. When a port is nominated, the ship must have arrived
at the port, although various legal decisions have defined a port differently in
this context in cases where there is no berth available and the ship is obliged
to wait.
Charter- parties normally require the shipowner, or master on his behalf,
to issue a notice of readiness to the charterer. This states that the ship has
arrived and is ready to load or discharge and for laytime to start to count.
The clause containing this provision often stipulates the particular hours and
days when this notice may be tendered and how soon afterwards laytime
commences.
The place to which the ship must have arrived is open to negotiation. The
expression whether in berth or not signifies that notice of readiness can
be given when the ship has arrived at the port whether she has reached the
berth or not. The charter- party may even stipulate that laytime will start to
count whether in port or not. In this case, the ship need only arrive at the
anchorage, if outside the port, and tender notice of readiness.
Gencon 94, BIMCO’s general purpose voyage charter- party, treats the
commencement of laytime as follows:
“Laytime for loading and discharging shall commence at 13.00 hours if notice of readiness is up
to and including 12.00 hours, and at 06.00 hours next working day if notice given during office
hours after 12.00 hours.
Time used in moving from the place of waiting to the loading/discharging berth shall not count
as laytime.
Time used before commencement of lay time shall count.”
When a ship arrives at a port from a foreign country, the authorities need to
satisfy themselves as to the state of health of those on board and will then
grant pratique or free pratique, that is, official permission for them to make
physical contact with the shore. A ship which is the subject of such a permission
is said to be in free pratique. Some charter- parties stipulate that laytime
will start to count whether (the ship is) in free pratique or not.
