Master's Right to Refuse or Suspend Cargo Operations
Where a master's authority to refuse a cargo or stop loading actually comes from: SOLAS VI/7.5, IMSBC 5.1.3, the ISM overriding authority, and the charter party consequences.
A master may refuse a cargo or suspend cargo operations, but the authority does not come from where it is usually said to come from. The assessment provisions of the IMSBC Code confer no refusal power at all, and attributing the right to them is a common error that weakens the master’s position when it is challenged.
The full article will set out the actual sources. SOLAS regulation VI/7.5 gives the right to suspend loading or unloading where the ship’s structural limits are exceeded or are likely to be, with a duty to notify the port State. The IMSBC Code gives the master the right to require a cargo to be trimmed level where there is concern about stability, and bars acceptance of a liquefiable cargo above its transportable moisture limit. The ISM Code’s overriding authority provision is the general foundation.
It will also cover the commercial consequences, which is where the decision is tested. Refusal or suspension engages the charter party’s off-hire, laytime and safe port provisions, and the master’s grounds and their documentation determine whether the delay falls on owners or on charterers.