UNIT FIFTEEN

SEA PROTEST
In any of the circumstances enumerated below it is
advisable for the master to note a protest.
1. Whenever during the voyage the ship has
encountered conditions of wind and sea which may
result in damage to cargo.
2. When from any cause the ship is damaged, or
there is reason to fear that damage may be
sustained.
3. When through stress of weather it has not been
practicable to adopt normal precautions in the
matter of ventilation of perishable cargo.
4. When cargo is shipped in such condition that it is
likely to suffer deterioration during the voyage. In
this case, however, the protest will not be effective
unless the bills of lading were endorsed to show
the condition of the cargo at the time of shipment.
5. When any serious breach of C/P terms is
committed by the charterer or his agent, such as
refusal to load, unduly delaying loading, loading
improper cargo, refusal to pay demurrage, refusal
to accept B's/L in the form signed by the master,
etc.
6. When consignees fail to discharge cargo or take
delivery thereof, and pay freight in accordance
1

with C/P or B/L terms.

7. In all cases of general average.
Protest should be noted as soon as possible, certainly
within 24 hours of arrival in port. and in the case of cargo
protests before breaking bulk.
A "note of protest" is simply a declaration by the
master of circumstances beyond his control which may
give, or may have given, rise to loss or damage. Such
declaration must be made before a notary public,
magistrate, a consular officer, or other authority. Usually,
statements under oath will be taken from the master and
other members of the crew and these statements will
have to be supported by appropriate log book entries. At
the time of noting protest the master should reserve the
right to extend it.
Protests are admissible in evidence before legal
tribunals and, in many cases, are essential to the
establishment of a claim.
(a) In many countries, particulary on the Continent
protests are received in evidence as a matter of
course.
(b) In the United Kingdom, however, they are not
accepted as evidence in favour of the party
making the protest unless both parties consent.
The chief use of a protest in the United Kingdom
is to support a claim by a cargo owner against his
underwriters. There is no legal necessity for a
protest in the United Kingdom and legal rights are
in no way affected if a protest has not been noted.
2

On the Continent the position is different; there the

noting of a protest is a condition precedent to certain
legal remedies. For example, consignees cannot make a
claim for cargo damage unless they protest within 24
hours of taking delivery of the goods and follow this up
by a court summons within one month. The master, if he
delivers the cargo and accepts the freight, will be barred
from claiming the cargo's contribution in general average
unless he notes protest within 24 hours and notifies the
consignee that he has done so.
It is not essential that a protest should be made on a
special form but it is advisable and usual in practice.
A typical protest form reads as follows:
NOTE OF PROTEST (US)

On this
day of
in the year One Thousand Nine Hundred and
personally
appeared
and
presented
himself
before
me
Consul/Notary Public
,
Master of the
called
the
of
Officia1 Number
and
Tons Register, which sailed from
on or about the
day of
with a cargo of
bound for
and arrived at
on the
day of
and fearing loss of damage
owing to
he
hereby notes his protest against all losses, damages & etc., reserving right
to extend the same at time and place convenient.
Signed before me
Consul
Notary Public at
this

day of

(signed)
Master
(signed)
Two Thousand..

I certify the foregoing to be a true and correct copy of the origina1 Note
of Protest, entered in the Acts of this Consulate and copied therefrom.
3

Consul

Date

Here are some more examples of sea protests and

extracts from logbooks:
(1)
N O T E O F P R O T E S T (UK)
Be it hereby made known:
That on this the
day of
in the year of
Our Lord, Two Thousand and ____ and personally
appeared and presented himself in the office of Attorneys
and Notaries before me, John Mills ,
Notary Public, by the authority of Government, duly
admitted and sworn, Henry J. Smith
,
Master or Commander of the
MV Greenhouse
which sailed on a voyage from
on the
23rd
day January
20
laden with a
full and
complete cargo of
calling at
Algeciras
and
Port
of
New
York
and arrived at this Port on 15th
day of
February
2004 now lying within the harbour. And the said Appearer
did hereby declare to note his protest against all perils,
dangers, casualties and occurrences of all nature or kind
whatsoever and all loss or damage thereby occasioned,
reserving to himself the right to extend the protest in times
and places convenient, and causing this minute of all
singular the premises to be entered in this register.
(Sgd)
Agents.

Master.
QUAD ATTESTOR
Notary Public

(2)
Notary Office:
Genoa, Italy
I
, Master of the M/V
under the flag of the Republic of Croatia, owned
by
, Croatia, Gross Tonnage
,
Net. Tonnage
, sailed from Rijeka, Croatia on
, to Genoa, Italy, via Venice, Italy with a full load
of bulk wheat of
Tonnes.
During the voyage the vessel met with stormy
weather and heavy seas, the ship suffered rolling
and pitching, heavily shipping water fore and aft
and spraying overall.
All precautions were taken to save the cargo
and the ship but nevertheless, fearing damage to
the cargo during the bad weather, I state the
present sea protest, reserving the right to extend
the same at the time and place convenient.
Witnesses:
1.
2.
Master
3.

, Second Mate
,Chief Engineer,

The Notary Office

5

Master

As this is considered as an act of hostility and violation of the

international law upon the high seas, I herewith lodge this protest and
repudiate the responsibility for the possible consequences which may arise
therefrom.

On the date after passing .. at hrs local time

on position I have been summoned by a patrol/war ship carrying
the colours of to reduce speed and prepare for search. Upon
examination of the ships papers and cargo manifest the ship was released on
at hrs free to proceed to her destination. The above said
been duly noted in the ships official log, pp. .

I, .........., signed below, in command of M/V ......... under ........ flag,

of .......... gross and .......... net tons, owned by ........., loaded with
tons of general/bulk/liquid cargo, sailed from .......... to .........., arriving
in .......... on .......... 19, bring this protest against unlawful stopping and
detention of my vessel by the .......... Authorities/Navy.

To

Note of Protest

(3)

(4)
Extract from logbook: heavy weather damage.
4 December, 19 , 0800. On voyage from Yokohama to
San Francisco with full cargo of uncrated
motorcars
(480). Course 068 true, speed 22.0 knots, wind S 7, sea
5, bar. 996 mb.,
overcast with squalls.
0830.received facsimile weather chart which indicated
that a depression near Japan was quickly
growing in
intensity and moving eastwards at a speed of over 40
knots. Expected to
overtake the ship early in the
afternoon. All lashings on cargo were checked and in
some
cases doubled.
1000. Wind S9, sea 7, bar. 990 mb. falling rapidly,
squalls. Hove to on a southerly course, speed
about
3 knots. Rechecked cargo lashings.
1010 to 1535. Hove to in position: 38 18 N; 155 50
E. Wind of hurricane force, S 10 to 11, in
the squalls
up to 12 and over. Very heavy sea and fierce squalls. The
ship is riding fairly easily, but rolls violently at times.
1445. Passage of cold front. Sudden shift of wind from S
12 to W 12. Bar. 972 mb. Heavy
continuous
rain.
Ship buried in foam and spray.
7

1500. Wind W 10, mountainous cross sea, bar. 986 mb.

rising rapidly. Wind beginning to moderate.
1535. Wind W 8, sea 7, bar. 990 mb., cloudy. Weather
conditions improving. Resumed voyage on course 090
true, speed 12 knots.
Inspected all holds and found that a lorry lashed in
No. 2 upper tween decks portside had come
partly
adrift and had damaged three motorcars marked Honda
850.
1800. Wind W 7, sea 6, bar. 1000 mb. Weather
conditions sufficiently good to increase to full
speed,
22.0 knots, course 080 true.
The turnaround this time was fairly quick and
the ship is expected ready to leave for Buenaventura
tonight.
Master
QUESTIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.

What is the most frequent reason for entering a sea

protest?
When will the condition of the cargo shipped be
acceptable as a reason for entering a sea protest?
What are the other reasons for filing a protest?
Within what time should a protest be noted?
What is the purpose of the sea protest?
Where is the note of protest lodged?
Where is the protest used as evidence?
Is the sea protest accepted as evidence in the UK?
What is the use of the marine protest in other European
countries and Croatia?
8

10. When will the consignee be able to claim for cargo

damage?
11. What must the sea Protest be supported by?

EXERCISES
I COMPREHENSION AND VOCABULARY
1. Fill in the appropriate from of the verb in brackets:
(LODGE, EXTEND, RELIEVE, ENTER, RAISE,
ACCOMPANY)
1. A sea protest must
within 24 hours of
the ships arrival
2. Sea protests
in cases of collision, fire
on board, unfavourable weather, engine
breakdown, generator failure, etc.
3. A protest can
later on if necessary.
4. Sea protests are among the most important
documents
produced
when
claims
against the Insurers.
5. Protests serve to
the Shipowner from
liability for alleged damage or loss to the ship or
cargo.
6. A sea protest must
by copies of the deck
log book and of the engine-room log.
2. Fill in the blank spaces with the words in brackets
(deck log): (DROPPED, HEAVE, PROCEEDING,
APPARENTLY,
SIGNALS,
PRESCRIBED,
9

PASSED, CAUSING,
COMING)

LODGING,

HEARD,

10.00 Poor visibility.

at half speed on
variable course.
12.00 Foggy weather and restricted visibility.
anchors in position 4003 N; 31 00 E waiting
for improvement of visibility. Strengthened,
uninterrupted watch and sounding blasts on
ship's whistle.
12.30 Fog signals are
from a vessel
underway
from port side forward. To
attract
her
attention
we
gave
fog
consisting of short blasts and flare-up lights as
by the Rules of the Road.
13.15 Heard a sound of heavy stroke coming from
port side forward. The incoming vessel
by our portside, struck the portside quarter, then
bruised heavily the port shell plating,
heavy damages.
13.40 It was proved that the colliding vessel was the
m/v "SOLAS".
14.10
up both stbd. and port anchors.
Engines stand by.
14.15 Slow ahead. Proceed to Barcelona for
protest and repairs.
14.20 Full speed ahead toward Barcelona.
3. Supply the missing words (engine log): (ENGINE,
STRUKE,
BILGES,
SPEED,
ANCHORS,
10

DAMAGE)
10.00 Half
ahead.
11.00 Slow ahead
11.15 Stop
12.05 Dropped both
13.15 Heard strong sound of heavy
on the
portside forward
13.30 No
to engine. We fear damage to
shafting line
13.50
Sounding
and
checking
engine
found dry.
14.00 Stand by engine; heave up both
14.15 Slow ahead
14.20 Full speed ahead.
II GRAMMAR
1. Verb + Noun (object) Collocations. Study each
sentence in the text where the noun "protest" appears,
then find and underline all the verbs that take this
noun as object (or subject of a passive sentence); e.g.:
note a protest.
2. IT + BE + ADJECTIVE + to-INFINITVE. Compare
the following pairs of sentences:
that-CLAUSE
1.

(a) It is advisable for the master to note a

protest.
11

(b) It is advisable that the master notes a

protest.
2.
(a) It has not been practicable to adopt
normal precautions in the matter of
ventilation
(b) It has not been practicable that normal
precautions in the matter of ventilation be
adopted.
3.
(a) It is not essential to make a protest on a
special form.
(b) It is not essential that a protest is/be made
on a special form.
Replace the TO-INFINITIVE constructions with
THAT-CLAUSES as in the above examples:
1. It is necessary to note a protest immediately.
2. It is important to support the notes of protest by
extracts from the logbook.
3. It is advisable to insist on the presence of the
agent when noting a protest.
4. It is necessary to consult the logbook and other
ship's documents.
5. It is advisable to note a protest in the first port of
call.
6. It is most convenient to enter the ship outwards as
soon as the Jerque Note has been issued.
7. It is important for the protest to be signed by
witnesses.
12

3. Translate the above sentences (II 2) into our

language. Note that IT is not translated by its
equivalent T0, e.g.:
1. Nuno/potrebno je ..........
2. Preporua se/preporuljivo je ..........
III TRANSLATION
1. (Extracts from a deck log)
10. Svibnja
04.20 NE vjetar jaine, nalazimo se bono od rta Elli.
Proli smo Dardanelski prolaz. Prolazimo
tjesnacem Tenedos.
04.30 NE vjetar jaine 5, nalazimo se bono od otoka
Tenedos.
04.40 Kurs 2l2, teret redovno ventiliran
08.20 Preteni tank ispranjen, kotlovi napunjeni
vodom iz tankova u strojarnici
10.15 Upravitelj stroja izvjetava da napojna pumpa
(feed pump) kotla ne radi normalno i da je
iskljuena. Treba je pregledati (overhaul).
12.10 NE vjetar jaine 5, kurs 212. Preena udaljenost
180 milja, vrijeme 22 sata, brzina 8 vorova. Nebo
oblano, more umjereno do uzburkano (rough).
Teret redovno ventiliran. Izmjerene kaljue (sound).
13.20 NE vjetar jaine 7/8, kurs 212. More jako
valovito. Brod se valja i posre. Valovi udaraju (hit)
13

o palubu i povremeno (at intervals) prelamaju preko

grotala (break). Zbog loeg vremena teret se ne
ventilira redovno.
14.00 NE vjetar jaine 8/9, kurs 212. Veoma visoki
valovi. Zbog nevremena teret se ne ventilira
redovno. More je moda ulo (find way into) u
skladita i smoilo (wet) teret. Ovo navodim radi
zatite interesa broda i tereta.
11. Svibnja
07.00 NE vjetar jaine 6/7, kurs 260. Nalazimo se u
blizini luke Pirej. Udaljenost 4 milje. Pozor u
stroju.
09.00 Oborili sidro kod Pireja.
09.15 Dobili "slobodan saobraaj". Obavljamo
(comply with) luke i carinske formalnosti.
12.30 Proslijedili za luku Pirej.
13.40 Vezani u bazenu za generalni teret. Zatraili
snabdijevanje vodom i gorivom.
14.30 Zapoele trgovake operacije.
2. Da bi se prijavila pomorska nezgoda potrebno je
potkrijepiti (support) prijavu izvacima iz dnevnika.
3. Bitno je da se protest prijavi u roku od 24 sata po
dolasku broda u luku.
4. Nemogue je da brodar uvijek zna tono vrijeme
krcanja broda.
5. Korisno je znati postupak (procedure) za prijavu
pomorske nezgode.
14

6. Vano je znati gdje se moe prijaviti pomorska

nezgoda.
IV GUIDED WRITING
1. Make an outline (headings and sub-headings) of the
text on the Note of Sea Protest. The outline should
help you as a reminder in presenting the text both
orally and in writing. Use PowerPoint or
transparencies (slides).
Suggestions:
1. _____________
2. _____________
2.1 _________
2.2 _________
2.2 (a) ________
2.2 (b) ________
2.3 ____________
3. _____________
4. _____________
5. _____________

2. Make up a sea protest on the basis of the following

headlines (add other information if necessary):
- your vessel name "KOLJ"
- cargo carried: refrigerated container cargo
15

- voyage: Rijeka to Boston

- cause of protest: breakdown of main generator no power for 10 hours
- damage feared: possible deterioration of frozen and
chilled cargo due to power failure in supplying
reefer containers

16