An exporter of electrical transformers discovers on arrival that a 40-tonne package was stowed on deck and damaged by seawater. The bill of lading said nothing about it. The carrier relies on a clause in its standard conditions: “the carrier may carry goods on deck at its discretion”.
The rule: no deck carriage without consent
The deck is the most exposed part of the ship. The French Transport Code therefore requires, before goods may be loaded on deck, the shipper’s consent stated in the bill of lading, or a rule that makes deck carriage mandatory (Article L. 5422-7 of the Transport Code). A general liberty clause buried in the printed conditions is not consent given for the goods in question. Loading on deck without agreement is a fault on the part of the carrier.
Containers
Consent is presumed for containers carried on ships specially fitted to receive them (Article L. 5422-7). A container ship stowing boxes on deck is therefore performing its contract in the normal way; the loss of a container overboard falls under the ordinary liability regime.
Authorised deck carriage: a more lenient regime for the carrier
Where deck carriage has been properly agreed and stated, exemption clauses become permissible again, except for containers (Article L. 5422-16). Internationally, the Hague-Visby Rules do not apply to cargo which is stated as being carried on deck and is so carried (Article I(c)): the contract alone then governs liability. Hence the importance of the statement in the bill of lading.
Documentary credits
Banks will not accept a transport document stating that the goods are or will be loaded on deck; a clause stating that they may be so loaded is acceptable (UCP 600, Article 26). A shipper who agrees to deck carriage must therefore reconcile it with the terms of the credit.
What the firm checks first
- The statements in the bill of lading on stowage.
- The nature of the goods: container or break-bulk package.
- The type of vessel.
- The printed clauses granting liberty as to stowage.
- The notices of loss and the one-year time limit.
For the firm’s services, see Liability of the sea carrier and Bills of lading.
Further reading
- Documentary credit: the bank rejects the bill of lading (claused, on deck, late)
- Sealed container arriving short: the “said to contain” clause and the consignee
- Container damaged or lost: who is liable and within what time limit?
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Can the carrier load goods on deck under a general clause?
The law requires the shipper’s consent stated in the bill of lading, unless a rule provides otherwise or the goods are containers on a suitably fitted ship (Transport Code, Article L. 5422-7).
Is a container lost overboard from the deck compensated?
Yes, under the ordinary regime: deck carriage is presumed to be agreed for containers, and exemption clauses do not apply to them (Transport Code, Article L. 5422-16).
Does deck carriage cause problems under a documentary credit?
A statement that the goods are loaded on deck leads to rejection of the document; a mere liberty to do so is accepted (UCP 600, Article 26).