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Commencement of Laytime

Anyone charter-party used will depend on the parties; decide when laytime must commence and the conditions that can modify the calculation. The calculations for the compute take place when the vessel arrive at the port or place fixed into the charter-party or otherwise when the vessel is in position to commence the loading or discharging. To have right the vessel to commence the laytime, same must carry out three conditions beforehand.

Commencement of Laytime

When the laytime is computed, it is very important to know exactly the commencement which depends on her calculation in each specific case: if the same is a berth charter party – “Dock” charter party or “Port” charter party. Anyone the modality of laytime chosen, the voyage charter-party are divided in these three type, depending precisely over the destination reached, for the loading and discharging. A charter-party may be “Berth charter” for the loading and “Port charter-party” for discharging. Generally, the laytime commence at the arrival when the vessel reach the place of destination specified, beging in “physical seaworthiness”, “operative cargoworthiness” and “legal seaworthiness, and issuing the “Letter of readiness” (in case previously requested and after any period forecasted into the contract “time of notification”, elapsed. With the commencement of laytime “laytime commencement”, the responsibility for delation change from the Owner to the charterer, besides depending into the terms of charter-party. It is very important, consequently, establish precisely when the destination is reached. The contract of affreightments “Berth charter” and “Dock charter” do not create in the practice to much trouble for her determination, being comparatively easy to establish if a vessel has reached the berth or dock. In the port charter the condition port charter is more difficult it determination.

Reach the Agreed Destination

Until the resolution in the appeal court in the case “Leonis Steamship Co. V. Rank, the Court established in a “Port Charter”, that the specified destination was reached when the vessel arrived al the commercial area into the port but not when reached the previous placed, where suggested that the vessel was arrived at the moment is was moored to the berth. Afterwards appeared troubles on, when the vessel have arrived to the berth and what caused could be take into account before to decide, if the usual waiting place was into the commercial are of the port. This was revolved in the House of Lords, in the case “Joanna Oldendorff”, where Lord Reid established the principles to establish the commencement of laytime, that afterwards was known as “The Reid Test”: Before a vessel could be classified as arrived at a port, and if it cannot proceed immediately at the berth or place for operation, the vessel must be reached a position “into the port” – “within the port” where same must be “at the immediately and effectively at the disposition of charterer”.