Port handling contract – Knock by the terminal’s handling gantry as it was moving from one bay to the next of the ship’s monorail – Responsibilities shared out among the shipowner and the handler.
During the vessel’s commercial operations, the ship used the monorail crane to unload waste from the ship into a barge moored alongside the vessel. As the terminal’s handling gantry was moving from one bay to the next, it knocked the telescopic arm of the container ship’s crane that was protruding over the ship’s side to unload waste from the ship. In view of:
– the “Terminal Contract” signed by the shipowner and the port operator, - the “Vessel Safety Package” concerning safety procedures governing ships stopping off at the port terminal,
– the ship’s crane operating manual - INRS rules (national research and safety institute for the prevention of occupational accidents and diseases) and the Labour Code, It was decided that: - the shipowner was primarily at the root of the accident, as it had started unloading waste without so informing the handler, even though it was familiar with the unloading plan and on the basis of the aforesaid rules had a duty to ensure that the said unloading operations did not interfere with those of the terminal, - the respective breaches of their obligations by the ship’s crane operators and those of the terminal, and their dedicated teams, constituted an aggravating factor that contributed to the accident. 60% of the fault was attributed to the shipowner and 40% to the terminal.
16, rue Daunou 75002 PARIS