Rules for the carriage of dangerous goods by sea

Ships make it possible to carry a very wide range of goods. For the transit to run smoothly, a protocol is followed, and today we will discover what the rules are for the carriage of dangerous goods by sea.

The general rule

The shipper is not liable for loss sustained by the carrier or the actual carrier. Nor is it liable for damage sustained by the ship. It is liable if the loss was caused by its own fault or that of its servants or agents. Likewise, they too are not liable for loss or damage unless it resulted from their fault.

Special rules on the carriage of dangerous goods

The shipper must mark or label dangerous goods. The mark or label indicates in a suitable manner that the goods are dangerous.

When the shipper hands dangerous goods over to the carrier, it must inform the carrier of their dangerous character and of the precautions to be taken. If the shipper fails to meet this obligation and the carrier or the actual carrier does not know of their dangerous character:
a) the shipper is liable to the carrier and to any actual carrier for the loss resulting from the shipment of such goods
b) the goods may at any time be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation.

The provisions above may not be invoked by a person who, during the carriage, has taken the goods in charge knowing that they are dangerous.

If, in cases where the provisions of sub-point b) do not apply, dangerous goods become an actual danger to life or property. They may be unloaded, destroyed or rendered innocuous, as the circumstances may require. The set of rules for the carriage of dangerous goods by sea does not require payment of compensation. Compensation is necessary only where there is an obligation to contribute in general average. It also applies where the carrier is liable in accordance with the Basis of liability.

Guarantees given by the shipper for the carriage of dangerous goods

The shipper is deemed to have guaranteed to the carrier the accuracy of the particulars relating to the general nature of the goods. It has stated their marks, number, quantity and weight for insertion in the bill of lading. The shipper must indemnify the carrier against the loss resulting from inaccuracies in these particulars.

The shipper remains liable even if the bill of lading has been transferred by it. The carrier's right to this indemnity in no way limits its liability under the contract of carriage by sea to any person other than the shipper.

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