A container declared at 18 tonnes actually weighs 29. It is stowed high in a stack; as the ship rolls, the stack collapses and damages neighbouring containers. The carrier and the other shippers turn to the shipper of the overweight box.
The verified gross mass requirement
The amendments to the SOLAS Convention which entered into force on 1 July 2016 (Chapter VI, Regulation 2, and IMO guidelines MSC.1/Circ.1475) require the shipper named on the transport document to verify the gross mass of the packed container, either by weighing the packed container or by weighing each item, and to communicate it to the carrier and the terminal in good time. A container without a verified gross mass must not be loaded. In France, the Order (arrêté) of 28 April 2016 sets out the methods and the responsibilities.
The commercial consequences
A container whose mass has not been communicated, or is plainly wrong, is refused for loading: rebooking, storage charges, late delivery, sometimes termination of the sale contract. These costs are in principle borne by the shipper.
The consequences when a casualty occurs
The shipper guarantees the accuracy of the particulars relating to the goods given in its declarations; any inaccuracy renders it liable to the carrier (Article L. 5422-4 of the French Transport Code; Hague-Visby Rules, Article III, Rule 5). It is also liable for damage caused to the ship or to other goods through its fault (Article L. 5422-10 of the Transport Code). A false weight declaration that contributes to a stack collapse or a handling accident therefore renders it liable to the carrier and, depending on the circumstances, to the other cargo interests.
The carrier cannot, however, escape liability altogether: stowage remains its responsibility, and the cause of the damage must be established by a survey.
What the firm checks first
- The weighing method and the certificates.
- The declared mass, the actual mass and the source of the discrepancy.
- The chain: named shipper, freight forwarder, container packer.
- The technical cause of the casualty: weight, stowage, sea conditions.
- Contractual recourse between shipper, forwarding agent and packer.
For the firm’s services, see Carrier liability.
Further reading
- Undeclared dangerous goods: fire on board and recourse against the shipper
- Sealed container arriving short: the “said to contain” clause and the consignee
- Damaged or lost container: who is liable, and how long to bring a claim?
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Who must declare the verified gross mass?
The shipper named on the transport document (SOLAS, Chapter VI, Regulation 2), using the methods laid down in the Order of 28 April 2016.
What happens if the mass is not declared?
The container must not be loaded; the resulting costs are in principle borne by the shipper.
Is the shipper liable for a stack collapse caused by an incorrect weight?
It guarantees the accuracy of its declarations and is liable for damage caused through its fault (Articles L. 5422-4 and L. 5422-10 of the Transport Code).