Samsa clarifies 'grey areas' in VGM ruling

The SA Maritime Safety
Authority (Samsa) has provided
clarity on various uncertain
areas of the Solas verified gross
mass (VGM) ruling.
Marine Notice (MN) 30
supersedes MN 25, and
its main amendments are
an additional option to
the Method 1 of weighing
containers (where a
weighbridge is used) and the
Samsa recognition of subcontractors
used to pack and
weigh containers.
But whether these, along
with the whole
of Samsa’s
guidelines, will
effectively put
a stop to the
offence of
misdeclaration of container
mass remains questionable,
according to maritime lawyer
Andrew Robinson, director of
Norton Rose Fulbright in SA.
“These amendments
reflect points that have
been raised with Samsa on
frequent occasions since the
very conception of the Solas
regulations,” he told FTW.
However, while they
put this right, the main
remaining concern is
that Samsa is going to
have to put into place
a viable method of
catching those amongst
the shipper community
who persist in
submitting
inaccurate
VGMs.
“The
concept
is a great
idea,” said
Robinson,
“but it
will be
hard for Samsa, with its limited
resources, to police effectively.
But it has to be done, otherwise
nothing will be achieved.”
And the
consequences
of a shipper
providing an
inaccurate VGM
of a packed
container to the
ocean carrier are
clearly defined,
according to
Norton Rose
senior associate,
Peter Lamb.
“The first
problem for
the shipper is that it will
be in contravention of the
Merchant Shipping (Carriage
of Cargoes) Regulations, 2004.
If the shipper knew that the
information was false, or was
reckless in providing the VGM,
then upon conviction the
shipper may be liable to a fine,
or to imprisonment for a period
not exceeding 12 months.
“The second problem is if
the shipper is certified in terms
of Method 2 (where the mass
of the cargo and packaging
are separately
weighed and
this added to
the tare mass
of the container
to calculate
the VGM),
then Samsa
may revoke
the shipper’s
certification.”
And, what
Lamb termed
as the “most
important”, is
if the shipper does not provide
the VGM, the ocean carrier will
simply not load the container
on board.
The last penalty for the
shipper is where he knowingly
provides an inaccurate VGM.
“In this,” said Lamb, “if the
ocean carrier suffers a loss due
to that misdeclaration, then the
shipper could be liable.
INSERT & CAPTION
The concept is a great
idea but it will be hard
for Samsa, with its
limited resources, to
police effectively.
– Andrew Robinson