CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
3.405 As will be apparent, there are a number of differences between the ﬁrst two deﬁnitions and between them and the meaning given to the phrase by judicial precedent. The Voylayrules deﬁnition refers to notice being given ‘‘on reaching any usual waiting-place at or off the port’’. This apparently is intended to allow notice to be given outside the port limits if that is where the usual waiting place is. It is clear, however, from the cases cited at paras 3.104 et seq. above that that is not the position at common law and the phrase only accelerates the commencement of laytime after arrival within the port limits. The second and probably most important change is that the Voylayrules deﬁnition refers to the berth being available whereas the previous one referred to it being accessible. This is clearly intended to reﬂect the House of Lords decision in The Kyzikos.
3.406 There is, however, a third and more controversial change, which is the suggestion in the last sentence of the Voylayrules deﬁnition that laytime or time on demurrage ceases once the berth becomes available, even though it may not have become accessible.
3.407 It is suggested that, whilst this obviously must apply if the Voylayrules are speciﬁcally incorporated, it should not apply where they are not, for sound legal and commercial reasons.
3.408 To take the commercial reasons ﬁrst: an owner would ask for the clause in a berth charter to protect himself from delay due to congestion. It is therefore somewhat unfair to say to him that when his vessel arrives, time counts in his favour but ceases to count when the berth becomes free, although by then, for other reasons, his vessel is unable to reach it. The situation is somewhat analogous to the discussion as to whether a laytime strike clause should protect the charterer after the vessel has gone on demurrage.