The legal definition of “a safe port” is contained within the following legal opinion11: “A port will not be

safe
unless, in the relevant period of time the particular ship can reach it, use it and return from it without, in the
absence
of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation and
seamanship.”

H06f.2 If ordered to an unsafe port by a charterer

* For notes on safe ports, see F04c.
* If ordered to an unsafe port by a time or voyage charterer, the master should:
1. Refuse to enter the port. Necessary reasonable expenditure (e.g. hire of tugs) may be incurred in order to
make
the port “safe”, the charterer being liable for the additional expense.
2. Inform the owner of the charterer’s instruction, and the reason(s) for believing the port not to be a “safe
port”.
3. Inform the P&I club correspondent.
4. Protest in writing to the charterer (or his agent), pointing out the charterer’s contractual obligation and
requesting the charterer to nominate another (safe) port.
5. If the charterer fails to nominate another safe port, inform the owner and proceed (in the absence of
contrary
instructions from the owner) to the nearest safe port.
6. If the second nominated port is found unsafe on arrival, either refuse to enter or, as above, incur necessary
reasonable expenditure to make the port “safe”, charging the expenses of doing so to the charterer.
7. Note protest on arrival in port.
8. Enter details of the matter in the Official Log Book, annexing a full report if required.
9. Keep hard copies of all messages received and sent relating to the matter.

* Examples of conditions that may render a port “unsafe” within the meaning of the contract of carriage
are:
heavy swell preventing entry;
unsafe river approach;
buoys out of position;
incorrect information (re- soundings, buoys, etc.) on chart making entry dangerous;
need for more tugs than charterer anticipated;
excessive ranging of vessels on berths;
rioting;
vessel unable to remain at the port for weather reasons (e.g. onset of ice, swell, etc.);
vessel unable to remain at the port due to abnormal occurrence (e.g. hostilities or riots); or
vessel unable to leave port because of blockage by other moored vessels; or
unanticipated ice (see I01d.1a).

I01d.3 Action on being ordered to an unsafe port or berth

* If ordered to an unsafe port or berth, or if a port or berth is found on arrival to be unsafe, or if a port or
berth
becomes unsafe during the vessel’s stay, the master should:
communicate with the owner and charterer;
collect evidence as detailed below;
note protest at the first opportunity;
where ice is the reason for the non-safety, check the contract of carriage for the provisions of any Ice
Clause;
make an Official Log Book entry describing the conditions considered to be unsafe.
* Lawyers dealing with unsafe port or berth claims (e.g. acting for the owners’ or charterer’s P&I club) will
usually
require evidence from the master, including some or all of the following:
photographs or video film (taken by master or crew members) showing damage to vessel, berth, etc.;
deck and engine room log books, bell books, movement books, data logger charts, etc.;
statements from relevant crew members (e.g. master, OOW, chief engineer, watch ratings);
relevant weather forecast(s);
note of protest made by master following incident;
any Letters of Protest written by master relating to the port/berth before the incident;
drawings of port and berth layouts, with supplementary information;
drawings of berth facilities (including ro-ro ramps, piling, cranes, bollards, etc. where relevant);
relevant published data about the port or berth including extracts from sailing directions, Guide to Port
Entry,
etc.;
copy of relevant charter party clauses;
damage survey reports by class and/or owner’s surveyors;
ship’s particulars;
relevant ship’s plans/drawings.
* Some of the above items may be obtained from the owner’s superintendents, etc., but the ship should
provide any
items available.