A MANDATORY CONTAINER WEIGHT VERIFICATION REQUIREMENT- AN INTRODUCTION OF NEW PROVISION IN SOLAS CONVENTION
The International Convention for the Safety of Life at Sea (hereby referred as SOLAS Convention) shall make a mandatory container weight verification requirement in its Chapter VI, Part A, Regulation 2 which shall come into force on 1st July, 2016. As per this Regulation 2, the person who is transporting the shipment / Shipper or a third party arranged by the Shipper is responsible to provide the weight of their packed container in any of the following methods:
1. Weighing the loaded containers;
2. Weighing the cargo and adding the tare weight of the container which can be seen on the door of the container.
Once this provision enters into force, the requirement to provide the Verified Gross Weight (hereinafter referred as VGW) shall become mandatory and the Shipper has to make sure that he provides the VGW prior to the shipment. If the Master or the Terminal Representative has not obtained the VGW, then the container shall not be loaded on to the vessel .
How the weighing may be done?
The Port of Loading may facilitate itself with equipments to weigh the containers. The Shipper shall use either one of the two methods to calculate the actual weight of the packed containers. For this, the Shippers can make use of the weighing equipment, if available at the Port. But the Port authorities has the duty to make sure that these equipments shall meet national certification and calibration requirements. Is there any alternate remedy available to the Shipper if the Port of Loading does not have the weighing equipment?
SOLAS does not say that the Port of Loading should have a weighing equipment to weigh the packed containers or shipments. It only mandates the shipper to issue a verified gross mass of the shipment. In case the Port of Loading does not have the weighing equipment, then the shipper shall find any alternate way to weigh the shipment / packed containers.
In case the Shipper does not provide the weight verification, then the vessel and the terminal operators would have the option of weighing the packed container at the Shipper’s expense to obtain weight and thereby keep the commerce moving.
How the new provisions would affect the parties concerned?
1. Shipper
All the expenses with regard to the weighing of the packed container shall be borne by the Shipper. Now the problem arises if the Carrier receives the packed container without the verified gross mass. If the loading port does not have any provision to weigh the packed containers, then they will have to arrange to weigh the container at somewhere else. In such a case, the shipper might have to take the consignment or the packed container to somewhere else to get the actual weight or the carrier may have to make arrangements for the same at Shipper’s expense.
However, it would be difficult for a shipper to weigh a packed container if the weighing equipment is not easily available. Under such circumstances, the Shipper can opt for second method available under SOLAS Convention instead of the First Method.
2. Carrier
This provision will be boon to the Carriers who are especially engaged in the transportation of the Container cargoes. The actual mass of the packed container would definitely help the Carriers in the loading of the Containers efficiently. This can for an extent reduce the accidents caused to the vessel due to the instability.
Also this provision would help the personnel who are engaged in loading. There are incidents were workers have died while loading of containers. Due to the miscalculation of the actual weight the Containers have fallen down on the workers while trying to load them on board. This new provisions might help the stowing of the Container in a better way thereby reducing accidents.
3. The Government.
The Shipping Industry plays an important role in funding the economy of the Country. When the mandatory provisions enter into force, the Government shall make available the certified equipment for weighing the Containers and to make a smooth movement of commerce.
Conclusion
This is a very relevant and important provisions incorporated in the SOLAS Convention. Usually, the Shipper/Consignee who are engaged in domestic or international trade when transports a shipment, would never give out the actual weight of the consignment. This has caused many accidents in the industry as the misdeclared weight would affect the stability of the vessel, cause damage to the container stacks etc.