Cargo Safety Rules and Regulations Applicable For Ro-Ro Vessels

CARGO SAFETY RULES AND REGULATIONS
APPLICABLE FOR RO-RO VESSELS
A case study on how Höegh Autoliners comply with the applicable

cargo safety rules and regulations
University of Oslo
Faculty of Law
Candidate number: 5039

Supervisor: Ellen Eftestøl-Wilhelmsson
Deadline for submission: 11/01/2011 (month/date/year):
Number of words: 17.687 (max. 18.000)
31.10.2011
Content
1 INTRODUCTION 1
1.1 Purpose of the thesis 1
1.2 Demarcation of the thesis 3
1.3 Sources and method 4

1.3.1 The Ship Safety and Security Act of 2007 4
1.3.2 Regulations from the Norwegian Maritime Directorate 7
1.3.3 International rules and regulations concerning cargo safety 9
1.3.4 Method and content 12
2 PRESENTATION OF THE RO-RO INDUSTRY AND HÖEGH AUTOLINERS 14
2.1 Ro-Ro industry 14

2.1.1 The Ro-Ro market 14
2.1.2 Type of vessels 16
2.2 Corporate structure of Höegh Autoliners 17

2.2.1 Introduction 17
2.2.2 Höegh Autoliners AS (HA) – Commercial operator 19
2.2.3 Höegh Fleet Services (HFS) – Ship Management service provider 20
2.3 Cargo Handling Quality and Safety standards 21

2.3.1 Introduction 21
2.3.2 Höegh Autoliners Cargo Quality Manual and Global Terminal Instructions 21
2.3.3 The cargo handling process from cargo booked to the vessel being loaded 23
2.3.4 The handling of dangerous goods 25
3 LOADED AND BALLASTED IN A CARGO SAFETY CONTEXT 26
3.1 Section 12, first paragraph Ship Safety and Security Act of 2007 26
I
3.2 Regulation concerning carriage of cargo on board cargo vessels and barges
(Regulation 785/2006) 27
3.3 International rules and regulations; Chapter VI in SOLAS and CSS Code 33
3.4 How does Höegh Autoliners ensure compliance? 38
4 CARGO-HANDLING OPERATIONS IN A CARGO SAFETY CONTEXT 40
4.1 Section 12, second paragraph in the Ship Safety and Security Act of 2007 40
(Regulation 785/2006) 41
4.3 International rules and regulations, Chapter VI in SOLAS and CSS 44
4.4 How does Höegh Autoliners ensure compliance 47
5 THE CARRIAGE OF DANGEROUS GOODS IN A CARGO SAFETY CONTEXT 48
5.1 Section 12, first paragraph in the Ship Safety and Security Act of 2007 48
5.2 Regulation concerning the carriage of dangerous cargoes on Norwegian ships

(1481/2009) 49
5.3 International rules and regulations, SOLAS Chapter VII and IMDG Code 52
5.4 How does Höegh Autoliners ensure compliance? 56
6 CONCLUSION 58
REFERENCES 60
LIST OF ABBREVIATIONS A
II
1 Introduction
1.1 Purpose of the thesis

The purpose of this thesis is two-folded; (i) to describe what cargo safety rules and
regulations are applicable for ro-ro vessels based on Norwegian legislation; and (ii) to
make a normative case study on how Höegh Autoliners1 ensure compliance of the relevant
applicable cargo safety rules and regulations.
Ro-ro vessels can be defined as roll on roll off vessels, which basically means that all cargo
with wheels can be loaded. This ensures an efficient and fast cargo operation. Furthermore,
the general understanding of a ro-ro vessel is by many associated with transportation of
cars. This understanding is misleading as a modern ro-ro vessel can transport any cargo as
long as it is within the capacity limitations of the vessels, i.e. length, width, height and
weight. This means that potential cargo can be everything from cars, buses, trucks, yachts,
trains, generators, transformers to heavy boxes and crates. In addition to the different types
of cargo, there are different types of ro-ro vessels.2
The main characteristics of these vessels are the high freeboard, relatively low draft
(compared to the rest of the hull and structure), stern ramp (for loading and discharging)
and up to a two digit number of decks. Consequently, this particular type of vessel is
vulnerable in regards to stability and external forces as wind and sea. These factors will
naturally directly influence the cargo which is loaded on board in addition to the cargo-
handling operations. It is imperative that the cargo is properly secured in order to ensure
safety for crew, vessel and to avoid damage to the cargo. Cargo breaking loose in a cargo
hold of a ro-ro vessel can in a worst case scenario cause the vessel to sink. Considering
1
“Höegh Autoliners” is used as a term throughout the thesis and should be understood as the ro-ro
group of Leif Höegh & Co., i.e. the parent company of the business area ro-ro transportation
2
Cf. Chapter 2.1.2 below
1
human lives, potential asset values and possible environmental effects at stake, it is crucial
to follow the applicable cargo safety rules and regulations concerning cargo securing and
stowage.
The vast amount of different type of cargo, i.e. anything that has wheels, or no wheels (can
be placed on a device with wheels, e.g. roll-trailer3), means that these types of vessels can
in theory carry a very wide range of cargo. Furthermore, as a consequence of the ro-ro
vessels flexibility it can also carry dangerous goods in packaged form. Carrying dangerous
goods implies stringent rules and regulations in the process before and under the carriage.
As elaborated above, a number of rules and regulations will potentially come into force.
Relevant questions in the context of the ro-ro business are; what cargo safety rules and
regulations apply concerning a typical ro-ro vessel given the vast number of cargo types?
What are the legal sources for these rules and regulations based on Norwegian legislation?
Recognizing the above challenges related to; (i) the potential cargo types; (ii) the special
characteristics of a ro-ro vessel; and (iii) the cargo operations, and furthermore the potential
number of rules and regulation that may come into force, a case study on of how a ro-ro
deepwater operator ensures compliance to these rules and regulations is of particular
interest. Höegh Autoliners, one of the biggest global operators and pioneers in the ro-ro
shipping segment is the company which will be studied in this thesis. Höegh Autoliners is a
truly international company where the operated vessels follows different trade patterns and
carries different cargo mixes. Another important aspect is the fact that the organisation
operates owned vessels and in-chartered vessels. The above leads us to the question: How
does Höegh Autoliners ensure compliance with the applicable cargo safety rules and
regulations?
3
Definition of roll-trailer: CSS Code p.10
2
1.2 Demarcation of the thesis
This thesis will focus on the cargo safety rules and regulations for ro-ro vessels in
international trade. The starting point is cargo safety rules for ro-ro vessels based on
Norwegian law, i.e. The Ship Safety and Security Act of 20074. Furthermore, as an
extension of the relevant Sections in this Act, applicable regulations can be found in
Excerpts from the Norwegian Passenger and Cargo Ship Legislation5, etc. These
regulations incorporate the applicable international maritime safety legislation, i.e. The
International Convention for the Safety of Life at Sea (SOLAS)6, Code of Safe Practice for
Cargo Stowage and Securing (CSS)7 Code and The International Maritime Dangerous
Goods (IMDG) Code8 literally or by reference. Furthermore, the thesis will also elaborate
about the international rules and regulations that are applicable according the references
made in the Norwegian legislation.
The scope of this thesis is to look at what cargo safety rules and regulations apply for the
above mentioned type of vessel. Safety in this context is the safety of the crew, vessel,
cargo and the environment. Public authorities have the duty to ensure minimum standards
in order to safeguard everything concerning the public interest. These are expressed
through national rules and regulations with the purpose of minimising the risk for the crew,
vessel and environment.9 Furthermore, Norway has ratified several international
conventions and is therefore bound to incorporate applicable international rules into the
national legislation.
4
Act of 16 February 2007 No. 09 relating to Ship Safety and Security
5
The Norwegian Maritime Directorate
(URL:http://www.sjofartsdir.no/en/Legislation_and_International_Relations/Translated_Norwegian_l
egislation/GULBOKA/Acts/)
6
1 November 1974 The International Convention for the Safety of Life at Sea
7
Resolution A.714(17) adopted on 6 November 1991, as amended Code of Safe Practice of Cargo
Stowage and Securing
8
Resolution MSC.122(75) adopted on 24 May 2002 The International Maritime Dangerous Goods
(IMDG) Code
9
Falkanger, Bull, Brautaset (2010) p.71
3
In Norwegian law, the Ship Safety and Security Act forms the basis for ship safety.
Consequently, cargo safety rules can be found in this Act. Section 12, “Cargo and
Ballast”, will be the starting point of the thesis as it concerns three areas of imperative
importance for a ro-ro vessel in relation to cargo safety; (i) the vessel being loaded and
ballasted in a safe manner; (ii) the cargo-handling operations; and (iii) the handling of
dangerous goods.
1.3 Sources and method
1.3.1 The Ship Safety and Security Act of 2007

The starting point concerning ship safety in Norwegian legislation is the Ship Safety and
Security Act of 2007. This Act replaced the Seaworthiness Act of 1903. The basis behind
the replacement of the Seaworthiness Act of 1903 was because of the immense technical
improvements having taken place during the years. Additionally, a different regulatory
landscape internationally, with International Maritime Organisation (IMO) and European
Union (EU) as the main legislative forces in maritime safety matters required a different
approach. Hence, New Norwegian maritime safety legislation was introduced. A broader
scope compared to the previous Seaworthiness Act of 1903 was given. The purpose of The
Ship Safety and Security Act of 2007 is to “...safeguard life, health, property and
environment...”10. In order to achieve this, a number of different measures are mentioned;
(i) facilitation of ship safety management; (ii) prevention of pollution from ships; (iii)
ensure good working conditions and environment onboard; and (iv) a public supervision of
ships regime. The Ship Safety and Security Act of 2007 is supplemented and based upon an
extensive number of regulations11. These regulations are mainly focused on the safety,
security and pollution aspect of the ship. Additionally, an important supplement to the Act
are the preparatory works which will give a better understanding and explanation of the
intention, reasoning and scope of the different sections.
10
Ship Safety and Security Act 2007, Section 1
11
Falkanger, Bull, Brautaset (2010) p.71-74
4
The Act is divided into 11 chapters. Chapter 1 concerns introductory provisions and
consists of 3 Sections. Purpose, scope and territorial extent are clarified respectively in the
3 sections.
Chapter 2 deals with the shipping company’s duty and safety management. Noteworthy and
of particular importance is the definition of the shipping company in this context. The
shipping company in regards to this act is the company stated in the Safety Management
Certificate the ship shall possess. The legal definition of a shipping company in the Act
stems from the definition of company set forth in the ISM code12. Thus, the understanding
is that the company responsible for the technical management of the vessel is considered
the shipping company. In many cases this is not the actual shipowner of the vessel. This
particular definition is of central importance as it clearly states which entity holds the legal
responsibility. Furthermore, this mirrors the modern operation and organisation model of
today’s shipping industry, i.e. where most of the shipping companies have a clearly defined
focus area such as; (i) commercial operation (ship operator, not necessarily owner of the
ship); or (ii) technical management (Ship Management); or (iii) shipowner ( actual owner
of the ship).13 According to the Ship Safety and Security Act the liable company is the Ship
Management Company, i.e. the company stated in the Safety Management Certificate of
the vessel.14
Chapter 3 is about the technical and operational safety of the vessel. Important features in
this chapter are the requirements expressed from the design stage to the operation and
maintenance stage. This includes navigation, cargo and ballast operation. Additionally,
specific administrative requirements such as certificates, manning, watchkeeping, health
and qualification are elaborated. The chapter ends with the obligations of the master and
other persons working onboard.
12
Falkanger, Bull, Brautaset (2010), p.76
13
NOU 2005: På rett kjøl, p.99
14
Pettersen, Bull (2010), p.119-130
5
Chapter 4 concerns personal safety. The chapter spans from safety equipment to working
hours. Other areas covered are requirements for the living areas, catering standards,
medical standards in addition to establishment of a working environment committee and
election of a safety representative. The final two sections concern the obligations of the
master and other persons working onboard in relation to chapter 4.
Chapter 5 deals with environmental safety. Firstly, it points to prohibition against pollution
while the ship is under operation. Secondly, that the ship shall be designed, constructed and
equipped in order to avoid pollution. Furthermore, an emergency response system is
required. It also addresses that the ship shall deliver harmful substances to reception
facilities. A section is also reserved to how to dispose the ship itself when its life cycle is
ended. The final two sections concern the obligations of the master and other persons
working onboard in relation to chapter 5.
Chapter 6 is about protective security measures. The requirements concern preventive

actions against attacks on ships and the extent of use of force the ship can engage.
Chapter 7 concerns supervision. The chapter starts with supervisory authority and the
possibility to enter into agreement with Classification Societies related to delegation of
authority. Additionally, the chapter focuses on supervision of the safety management
system, of the ships (Norwegian and foreign ships). Further, the duty to assist in the
supervision is elaborated and finally the chapter explains about the fees involved in
connection with the supervisions.
Chapter 8 deals with administrative measures. It concerns measures if a breach of any of

the regulations or statutes are not complied with. The different measures elaborated in the
chapter are coercive fines, withdrawal of certificates, prohibition of a ship to depart and
lastly; stopping and boarding of ships under way and refusal of access to Norwegian
territorial waters.
6
Chapter 9 concerns administrative sanctions. Violation fines can be imposed by the
supervisory authorities. The chapter furthermore explains when the fines are imposed on
the shipping company. Lastly, it explains about the collection of the violation fines.15
Chapter 10 constitutes criminal liability. The chapter specifies different breaches, i.e. in
respect of Safety Management Systems and the company’s duties regarding technical and
operational safety. Further, it specifies the breaches and potential consequences for the
master and other persons working on board.
Chapter 11 is a chapter addressing other provisions which have not been covered in the
Act. It starts with a section addressing the secrecy of marine insurers. Further a
specification on when and how it enters into force. Lastly, it addresses transitional
provisions and its relation to other acts concerning possible repeal or amendments.
Section 12 of the Ship Safety and Security Act concerns the vessel being loaded and
ballasted. Second paragraph states that The Ministry can issue relevant rules with
provisions related to cargo and ballast. Hence, The Ministry is given legal authority to
make amendments, i.e. the Norwegian Maritime Directorate (NMD) to make amendments
related to typical areas of interest and significance concerning cargo and ballast.
1.3.2 Regulations from the Norwegian Maritime Directorate

In many of the sections in the Ship Safety and Security Act it is explicitly mentioned that
The Ministry may issue additional regulations. The main reason for this is the vast amount
of special rules and regulations concerning ship categories and types. The different ship
categories and types will often be subject to different risks depending on its purpose and
operation. In addition, vessels engaged in international trade are subject to international
conventions and codes which are referred to in the regulations which again are referred to
in the Ship Safety and Security Act (The Ministry may issue additional regulations). The
15
Ship Safety and Security Act of 2007
7
Ministry of Trade is the authority concerning the Ship and Safety Act. However, The
Ministry has delegated this authority to the Norwegian Maritime Directorate (NMD). This
means that the Norwegian Maritime Directorate determines and establishes the relevant
regulations. These regulations are in many instances based on the International conventions
and codes. The regulations which are based on the international conventions and codes are
therefore implemented by reference or incorporated word for word in the provisions of the
regulation.16
The background for NMD’s reference to the international rules stems from the view that
global rules shall be the standard also for Norwegian law in this context. By implementing
global rules, uniformity is achieved. This view is something which is logical in a maritime
context given its global and international nature. Furthermore, many of the regulative
inclusions in Norwegian law are mandatory due to signed treaties and agreements. This
also explains EU legislative rules becoming increasingly important. This is manifested in
the maritime sector due to EU taking a more active approach in maritime matters. A proven
interest in maritime safety from EU is the establishment of European Maritime Safety
Agency (EMSA). Norway as a member of the Economic European Agreement (EEA) is
bound by EU law. Hence, the expressed importance of EU standpoints in relation to
maritime safety matters.17
The NMD administers a comprehensive set of rules and regulations concerning maritime
safety. The constant evolution of technology and new knowledge in relevant fields, impacts
the rules and regulations. The result is increased complexity and volume in relation to
maritime safety legislation.
An important source for the promulgated regulations in the Ship Safety and Security Act is
the annual publication of the NMD’s publication “Excerpts from the Norwegian Passenger
and Cargo Ship Legislation, etc.” Despite its large content it does not cover all the ratified
16
NOU2005: På rett kjøl, p.30
17
NOU2005: På rett kjøl, p.30
8
regulations with full quotations. Instead where the international regulations are not
implemented literally, it refers to the relevant international maritime Conventions and
Codes.18 The main areas of focus are safety at sea, environment and seafarers rights and
duties. The 2010 version of the publication counts approximately 1400 pages.
In addition to the laws and regulations found in “Excerpts from the Norwegian Passenger
and Cargo Ship Legislation, etc”, there are extensive rules and regulations on an
international level which also applies.
The relevant provisions concerning cargo safety can be found in two regulations; (i)
Regulation of 29 June 2006 No. 785 concerning the carriage of cargoes on cargo ships and
barges; and (ii) Regulation of 8 December 2009 No. 1481 concerning the carriage of
dangerous cargoes on Norwegian ships. In addition, Regulation of 17 January 1978 No. 4
concerning loading and discharge arrangements on ships may in first instance seem
relevant. However, this regulation does not apply on ro-ro vessels in a cargo handling
context. This is evidenced in § 2 letter e) and d) of the Regulation whereas the definitions
does not mention the loading and discharge arrangement on a ro-ro ship, i.e. loading and
discharge ramp (stern or side ramp).19 The two applicable Regulations have incorporated
international rules and regulations in verbatim and/or by reference. Another important note
in this regard is the constant development of international regulation in terms of
amendments and which will consequently affect Norwegian Law.
1.3.3 International rules and regulations concerning cargo safety

As seen in the previous chapters, a number of rules and regulations in the Norwegian
legislation concerning ship safety are based on the international maritime safety legislation.
The most important source of the international maritime legislation stems from IMO (Inter-
Governmental Maritime Consultive Organisation)20. IMO is an independent United Nation
18
19
Regulation of 17 January 1978 No. 4 concerning loading and discharge arrangements on ships
20
The founding name was IMCO (Inter-Governmental Maritime Consultive Organisation). In 1982
the name was changed to IMO (International Maritime Organisation)
9
organisation headquartered in London, UK. It was established in 1948 stemming from the
establishment of the United Nations. One of the purposes of the organisation is stated in
Article 1 (a) Convention on the IMO (hereinafter “the convention”)21:
“To provide machinery for cooperation among Governments in the field of governmental
regulation and practices relating to technical matters of all kinds affecting shipping
engaged in international trade; to encourage and facilitate the general adoption of the
highest practicable standards in matters concerning maritime safety, efficiency of
navigation and prevention and control of marine pollution from ships”
The convention was made effective in 1958. The first and most important task of IMO was
to amend SOLAS. This is the most important and central Convention concerning maritime
safety. From the adoption of the SOLAS convention, several other Conventions and Codes
have been developed during the years. These developments have been initiated based on
major accidents and disasters involving safety, pollution and security aspects in the latest
years. Key issues in IMO’s agenda today are (i) the piracy problem in the Gulf of Aden; (ii)
the reduction of greenhouse gas emissions from vessels; (iii) safety at sea and improving
conditions for the seafarer.22
The strategy for IMO in the following years up to 2015 is stated in resolution A.1011(26):
"The mission of the International Maritime Organization (IMO) as a United Nations

specialized agency is to promote safe, secure, environmentally sound, efficient and
sustainable shipping through cooperation. This will be accomplished by adopting the
highest practicable standards of maritime safety and security, efficiency of navigation and
prevention and control of pollution from ships, as well as through consideration of the
21
(IMO) Convention on the International Maritime Organisation, Geneva 6 March 1948 (URL:
http://www.jus.uio.no/english/services/library/treaties/14/14-01/imo_consolidated.xml)
22
IMO (URL: http://www.imo.org/About/HistoryOfIMO/Pages/Default.aspx)
10
related legal matters and effective implementation of IMO’s instruments with a view to
their universal and uniform application."23
Norway as an important maritime nation24 through its history and its significant fleet is
playing an active role in IMO and other shipping safety organisations. This strategy is in
order to promote the Norwegian interest and point of view on the matters being discussed
in these venues. Furthermore, the Norwegian ambition is to be a nation that leads the way
by example. This is made through setting high standards in terms of safety and
environmental matters. The Norwegian Maritime Directorate plays a vital role as it as been
delegated authority from the Ministry concerning rules and regulations related to maritime
safety. Furthermore, one of the important roles of the Directorate is to ensure that the
Norwegian rules and regulations concerning maritime safety are aligned with international
rules.25
SOLAS with amendments forms the basis of the cargo securing rules in connection of the
safety of the crew, vessel and cargo. Chapter VI and VII of the convention concerns
Carriage of Goods and Carriage of Dangerous Goods respectively.
In relation to Regulation 785/2006 and Regulation 1481/2009, where the former concerns
carriage of cargo on board cargo vessels and the latter is about carriage of dangerous
cargoes on Norwegian ships, both regulations refer to Conventions and Codes which stems
from the IMO legislative framework. SOLAS is the Convention both regulations refer to.
Chapter VI, Carriage of cargoes in SOLAS is related to Regulation 785/2009. Chapter VI

refer to the CSS Code26. The CSS Code stems from a request from the Maritime Safety
Committee (MSC)27 and applies to all cargo carried on board vessels other than solid and
liquid bulk cargoes and timber stowed on deck. The focus is on cargo which has been
23
IMO (URL: http://www.imo.org/About/HistoryOfIMO/Pages/Default.aspx)
24
Bakka jr. (2008) p.11
25
Sjøfartsdirektoratet (URL: http://www.sjofartsdir.no/no/Regelverk2/)
26
Cf. Chapter 1.2
27
Highest technical body of IMO (URL: http://www.imo.org/About/Pages/Structure.aspx#3)
11
proved to be difficult to secure. The purpose of this Code is to prevent casualties, injuries
and loss of life. The code itself is pragmatic in its approach containing several illustrations
to demonstrate proper lashing and securing of cargo. The Code is not mandatory in its full
extent, but the MSC have recommended all member countries to include the practices and
guidelines set forth in the Code into the respective national regulations.
Chapter VII, Carriage of dangerous goods in SOLAS is related to Regulation 1481/2009.

Chapter VII refers to the IMDG Code28. The IMDG Code applies to vessels29 which are
covered under the SOLAS Convention and which are carrying dangerous goods as defined
in regulation 1 of part A of chapter VII of that Convention. This Code is of particular
importance as there are strict rules concerning the handling of these goods in addition to its
possible hazardous nature.
There is however an important difference in the mentioned Codes. The IMDG Code is
mandatory30, whereas the CSS Code is a guideline (Except Sub-Chapter 1.9 of CSS which
is mandatory)31.
1.3.4 Method and content

As mentioned above, the purpose of this thesis is two-folded; (i) to describe what cargo
safety rules and regulations are applicable for ro-ro vessels based on Norwegian legislation;
and (ii) to make a case study on how Höegh Autoliners ensure compliance of the relevant
applicable cargo safety rules and regulations. The thesis will thus question if the normative
framework of the ro-ro industry is feasible from a practical point of view, with particular
focus on Höegh Autoliners.
28
Cf. Chapter 1.2
29
Definition of vessel in this context can be found in IMDG Code Chapter 1.1.1.2
30
SOLAS Chapter VII, Reg. 1
31
SOLAS Chapter VI, Reg. 2
12
A presentation of the ro-ro industry, the Company’s structure and cargo handling routines
and standards will make up Chapter 2. Furthermore, Chapter 3, 4 and 5 will discuss Section
12 in the Ship Safety and Security Act with basis on the terms “loaded and ballasted”,
“cargo-handling operations” and “dangerous goods” respectively. The discussions will
start with the Ship Safety and Security Act, including relevant implemented international
provisions, and end with a discussion on how Höegh Autoliners comply with the provisions
discussed in the respective chapters.
Finally, chapter 6 will present a conclusion as to what applicable cargo safety rules and
regulations for ro-ro vessels applies and whether Höegh Autoliners is in compliance with
the mandatory legislation concerning cargo safety.
13
2 Presentation of the Ro-Ro Industry and Höegh Autoliners
2.1 Ro-Ro industry
2.1.1 The Ro-Ro market

The ro-ro market is well established and consists of mainly six significant worldwide
players involved in deep sea ro-ro shipping. A natural categorisation can be made based on
geography, political and commercial factors. Four out of six ro-ro players in the market is
based in the Far East. Nippon Yusen Kaisha (NYK), Mitsui O.S.K. Lines (MOL), and
Kawasaki Kisen Kaisha (K-Line) are based in Japan having its base cargo from the
Japanese car manufacturers. EUKOR, is based in South Korea and is a product of the
transportation needs of the Hyundai and KIA brands. The other two significant players are
both based in Oslo; Wallenius Wilhelmsen Logistics (WWL - Joint Venture between
Wallenius Lines and Wilhelm Wilhelmsen Group) and Höegh Autoliners.32 All the above
mentioned players can be categorised as being both operators and shipowners.33
The market differs on a certain extent from the traditional shipping markets which are
known to be very cyclical. The ro-ro market is based on long contracts with well
established car manufacturers. The ro-ro shipping segment is not considered to be complex
considering the vessels. However, the number of units and different cargo types sets out a
very challenging operational environment in terms of the supply chain and expertise of
handling the cargo (securing the vast amount of cargo types).34 A particular characteristic
32
Bakka jr. (2008) p.86
33
The EU Report: Legal and Economic Analysis of Tramp Maritime Services (URL:
http://ec.europa.eu/competition/sectors/transport/reports/tramp_report.pdf) p.220
34
14
of this shipping segment is that the market players employ the vessels in a typical liner
trade.
The main car manufacture Region is in the Far East with Japan and South Korea as the
main car exporting countries. Further, the US and European countries of Germany, France
and England are also significant car exporting countries. These Regions are of particular
importance as cars are considered to be the base cargo for the ro-ro companies.
Additionally, these countries also plays an important role when it comes to High and Heavy
cargo as they are all industrialised countries mainly exporting sophisticated cargo.
Emerging markets in the car manufacturing industry are the so-called BRIC countries
(Brazil, Russia, India and China) 35.
The total number of ro-ro vessels (including all ro-ro shipowners and operators) is of about
six hundred and eleven vessels. The delivery of newbuildings for 2011 and 2012 is of
approximately seventy eight (including all ro-ro shipowners and operators).36
The market outlook long term is positive given the emerging markets economic growth. In
addition, a car has to be replaced as it has a certain lifespan. Hence, there will always be
some degree of car transportation in order to replace old cars. The same accounts for other
rolling cargo types such as trailers, excavators, and agricultural machinery. Emerging
markets also have large infrastructure projects and hence need a lot of equipment to build
and support these projects.37
35
Norwegian Car Carrier Annual Report 2010 (URL:
http://www.eidsiva.no/reports/134919/R/1511296/449506.pdf) p.9
36
Norwegian Car Carrier Annual Report 2010 (URL:
37
Norwegian Car Carriers Annual Report 2010 (URL:
15
2.1.2 Type of vessels
The vessels can be categorised as pure car carriers (PCC), pure car and truck carriers
(PCTC), large car and truck carriers (LCTC), roll on roll off vessels (RORO) and container
ro-ro vessels (CONRO). The difference between these vessel categories is based on the
different capacities and purpose in relation to the rolling cargo.
PCC vessels are usually as it is described only intended to load cars or pickups. These
vessels tend to have a large number of fixed decks with height and weight restrictions.
Loading ramps are typically of low capacity i.e. twenty metric tons.38
PCTC vessels are the developed and modernised version of PCC’s and are considered to be
very flexible vessels which can carry a large amount of different cargo types. Up to four
hoistable decks makes the vessel extremely flexible, in addition to different heights and
weight capacities able to carry heavy cargo. The loading ramps are able to carry weights up
to hundred and fifty metric tons. This type of vessel is the core of the world’s current car
carrier fleet.39
LCTC vessels have emerged the last couple of years. They are mainly a super sized PCTC
vessel, i.e. they have increased height, weight capacity and additional hoistable decks.
Adding to that, they are longer and thus have an increased loading capacity. Loading ramps
are typically three hundred and twenty metric tons.40
RORO vessels are typically built to carry High and Heavy machinery. This is manifested
by a majority of the decks being of significant height and weight capacity. Loading ramps
38
39
40
Wilh. Wilhelmsen ASA (URL:
http://www.wilhelmsenasa.com/aboutus/ourbusiness/thefleet/Pages/tugela.aspx)
16
are three hundred and twenty metric tons and upwards. They can still carry cars but are not
purposely built for this as its capacity far exceeds what is required to carry a car.41
CONRO vessels are combined container and ro-ro vessels. They typically carry containers
on weather deck and ro-ro cargo under deck. These have similar characteristics as a ro-ro
vessel when it comes to capacity, but as an additional feature can carry containers meaning
that the rolling cargo capacity is less than a RORO, LCTC, PCTC and PCC.42
2.2 Corporate structure of Höegh Autoliners
2.2.1 Introduction
The company subject for the case study consists of a group of companies which are
organised and structured based on different focus areas. It is necessary to understand how it
is organised and what the main duties and focus of the different companies within the
group are in order to understand each company’s role and interaction. This is also of
relevance when assessing how the company ensure compliance with the applicable
provisions. Consequently, the main purpose of chapter 2.2 is to form the basis to determine
the company in the group according to Section 4 in the Ship Safety and Security Act.
Höegh Autoliners Holding AS (Höegh Autoliners) is a privately owned shipping company.

Höegh Autoliners is the parent company of the ro-ro business group activity and is owned
by AP Möeller – Maersk AS (37,5 per cent) and Leif Höegh & Co. Holdings AS (62,5 per
cent).43
Höegh Autoliners Management AS (HAM AS) is a fully owned company of Höegh

Autoliners. HAM AS delivers operational, financial and administrative services, i.e. is
41
Wilh. Wilhelmsen ASA (URL:
http://www.wilhelmsenasa.com/aboutus/ourbusiness/thefleet/Pages/Tonsberg.aspx)
42
Atlantic Container Line (URL: http://www.aclcargo.com/vesselSpecs.php)
43
Höegh Autoliners (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/about_us/company?p_dimension_id=57
270)
17
responsible to oversee the daily management of the ro-ro business group. HAM AS
performs its duties through a management agreement with Höegh Autoliners.44
Höegh Autoliners AS (HA) is a commercial ro-ro entity with a number of wholly and
partly owned subsidiaries worldwide. HA is owned by HAM AS.45 HA offers port to port
transportation services for all types of rolling and non rolling cargo. The main types of
cargo are; cars, buses, trucks, boats, agricultural equipment and construction equipment.
The role and duties of HA will be further elaborated in chapter 2.2.2.
Höegh Autoliners Shipping AS (HAS) is the main shipowning company in the group. HAS
is owned by HAM AS.46
Höegh Fleet Services AS (HFS) is the ship management (technical management and
crewing) entity of the ro-ro group. HFS is owned by HAM AS.47 HFS delivers technical
and crewing services to Höegh Autoliners. HFS is responsible for all safety and
maintenance aspects concerning the vessels under their management. The role and duties of
HFS will be presented in chapter 2.2.3.48
As elaborated above, Höegh Autoliners owns HAM. HAM owns HA, HAS and HFS. HA
is the commercial entity of Höegh Autoliners and operates the ro-ro vessels. HAS is the
44
270)
45
270)
46
270)
47
270)
48
270)
18
shipowning company of the Höegh Autoliners49. HFS is the ship management entity of
Höegh Autoliners and manages the ro-ro vessels owned by HAS. Each company within the
structure has a specific focus area. This can be related to the fact that each company50 in the
ro-ro business group has different functions and roles which again requires different
competence and focus.
2.2.2 Höegh Autoliners AS (HA) – Commercial operator

HA is global ro-ro service transportation provider with a fleet of approximately fifty ro-ro
vessels. The operated fleet consists of owned51 and in chartered vessels. The company have
a global trade system which is supported commercially by thirty offices distributed in four
different regions; Region Europe; Region Americas; Region Far East and Region Africa,
Middle East, South East Asia and Australia. The main customers are global manufacturers
of cars, heavy machinery and other rolling goods. Höegh Autoliners carried approximately
1,75 million car equivalent units (ceu). An approximate of 3400 port calls was made
worldwide in 2010.52
Most of the operated fleet is registered in the Norwegian International Registry (NIS). HA
has the cargo handling competence and also has the responsibility concerning cargo quality
standards and procedures both on shore and at sea.
HA is not involved in the technical management and crewing of the vessels. HA is a

commercial registered entity with focus on commercial operating aspects.
49
The majority of the vessels operated by HA is owned by HAS
50
Each company within the group has an independent legal status
51
Owned by Höegh Autoliners Shipping AS
52
623)
19
2.2.3 Höegh Fleet Services (HFS) – Ship Management service provider
HFS is the main service provider for Höegh Autoliners53 in relation to technical
management, crewing and supervision of newbuilding projects. HFS has its head office in
Oslo, Norway. It is also represented in Quanzhou, China and Manila, Philippines. The
geographical location of the offices abroad reflects the crew onboard the HFS managed
vessels; Chinese and Filipino. The Head Office in Oslo consists of vessel superintendents
(ship managers), a purchase department, Health, Safety, Security, Environment and Quality
department (HSSEQ).54
According to Section 4 in the Ship Safety and Security Act, the entity considered to be the
company is “any company stated as the managing company in the Safety Management
Certificate the ship shall possess”. This means that the company stated in the Safety
Management Certificate55 of the respective vessel is considered to be the responsible
company pursuant to Section 4 in the Act56. HFS is the company registered in the safety
management certificate of the ro-ro vessels owned by HAS and operated by HA.57
Consequently, HFS, being a ship management service provider, and stated as the
“managing company”, is therefore subject to the applicable public rules and regulations.
These rules and regulations are based on Norwegian law as the vessels are flagged in
NIS.58 Consequently, HFS has the responsibility to ensure that the vessels under its
management are in compliance with all the applicable rules and regulations stemming from
the Ship Safety and Security Act.
53
The Group, i.e. Höegh Autoliners Holding AS, see chapter 2.2.1
54
Höegh Fleet Services (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/ship_management/organisation?p_dim
ension_id=56549)
55
ISM Code. See SOLAS Chapter IX, Regulation 4.
56
HFS, Document of Compliance (URL:
http://www.hoeghautoliners.com/ikbViewer/Content/24461/Norway_Document_of_Compliant.pdf)
57
See NIS registry for Höegh Asia (URL: www.nis-nor.no) search for “Höegh Asia”. See ISM liable
information.
58
Höegh Fleet Services (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/ship_management/hsseq?p_dimension
_id=56550)
20
2.3 Cargo Handling Quality and Safety standards
2.3.1 Introduction
HA is a port to port transportation service provider of ro-ro cargoes. HA has different
governing manuals and instructions in order to avoid cargo damage and ensure best
practices. Furthermore, the purpose of the manuals and instructions is also to ensure
compliance with applicable cargo safety rules and regulations. Additionally, considering
that there are third parties involved in the performance within the areas of responsibilities
for HA; the manuals and instructions serves as the documented quality and safety standard.
A short elaboration of HA cargo handling governing documents is necessary in order to

find whether or not Höegh Autoliners as a group is in compliance of the relevant cargo
safety provisions. In addition, an outline on the process from the cargo being booked to the
vessel being loaded will be explained. At last, the handling of the dangerous goods in HA
will be elaborated. Chapter 2.3 will form the basis of the discussions in chapter 3, 4 and 5.
2.3.2 Höegh Autoliners Cargo Quality Manual and Global Terminal Instructions
A basis for compliance of the rules and regulations is found in Höegh Autoliners Cargo
Quality Manual59 (HACQM) and Global Terminal Instructions60 (GTI). There are two main
objectives with the HACQM and GTI; (i) ensure compliance of the applicable cargo safety
rules and regulations; and (ii) ensure that best practices are followed in order to avoid
damage to crew, cargo handling personnel, vessel, cargo and environment.61
Additionally, in order to ensure customer satisfaction, certain requirements do in many

instances exceed the minimum rules and regulations. Hence, a mix of the rules and
59
Höegh Autoliners Cargo Quality Manual (URL: http://www.typoprint.se/hualwww/hual.pdf)
60
Global Terminal Instructions (URL:
http://www.hoeghautoliners.com/ikbViewer/Content/21201/Global_Terminal_Instructions.pdf)
61
Höegh Autoliners Cargo Quality Manual (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/ps/cargo/article?p_dimension_id=56301
&p_document_id=20258)
21
regulations in addition to best practices can be found in HACQM. The scope of the
HACQM is to include procedures and requirements from the moment the cargo arrives to
the terminal, i.e. in HA’s custody (last point of rest), to delivery of the cargo at the
discharge port (first point of rest). Consequently, the following personnel is required to
follow the manual; (i) shore based Höegh Autoliners cargo handling personnel; (ii)
terminal personnel from third party service providers; (iii) stevedores; and (iv) crew of the
vessels.62
HA ensures that the Cargo Quality manual is followed in different ways. The overall aim is
to have a simple, user-friendly manual (easy language, illustrations and pictures) restricted
to necessary content.
Second, distribution of the manual to Port terminals, stevedores, agents, HA cargo handling
personnel, HA operated vessels and HA offices is imperative. Furthermore, an electronic
version of the manual is made available in Höegh Autoliners63 website and intranet. This is
in order to ensure transparently HA quality and safety standards.
Third, HA has cargo-handling operation attendance through the attending Port Captains. In
addition to the duty to stow and load/discharge the vessel, the Port Captain shall also
monitor, follow up and guide if necessary the standards and content set forth in the manual.
This assistance can be given to crew, stevedores, terminals and agents. Consequently, the
HA Port Captains plays an integral part of the cargo quality and safety system of the ro-ro
group. Thus, the main focus is to supervise the loading and discharging operation in the
respective ports. This involves ensuring; (i) high cargo utilisation of the vessel; (ii) that the
quality standards are followed; (iii) rules and regulations are in compliance (cargo and
62
Höegh Autoliners Cargo Quality Manual (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/ps/cargo/article?p_dimension_id=56301
&p_document_id=20258)
63
Refer to the ro-ro group in this context, not limited to HA
22
operation) (iv) coordinate arising issues with booking offices, crew and stevedores; and to
be (v) HA representative on-scene.64
Fourth, the training to shore based personnel and seagoing personnel is given based on the
content of the manual. This is to ensure that the stevedores and crew are aware of HA cargo
quality and safety standards both from a damage prevention and safety point of view.
A close co-operation with customers is also an integral feature of the quality and safety
work concerning the transportation of the cargo. Additionally, the major manufacturers of
cars, heavy machinery and other non rolling goods often have their own quality manuals. If
the HACQM is not in line with the quality manual of the manufacturer, then the latter is to
be followed. As a consequence, it supersedes the HACQM with reservation that it does not
compromise safety. The manufacturer’s quality manuals are also based on rules and
regulations together with quality standards. Consequently, the potential differences are
mainly on the quality standards and not the safety standards.65
2.3.3 The cargo handling process from cargo booked to the vessel being loaded
The first stage is the cargo booking procedure. The cargo booking procedure is of great
importance. This is where all the information gathering of the cargo intended to be shipped
is done. It is crucial that this information is correct both from a private law66 and public
law67 point of view. Furthermore a correct description of the cargo is fundamental. Length,
width, height and weight information is imperative both from a commercial and safety
point of view. Further, if it is rolling, i.e. tracks, rubber wheels, self propelled, non self
propelled, towable or non rolling is important information. Cargo lashing points; strength
64
Höegh Autoliners Ro-ro flyer (URL:
http://www.hoeghautoliners.com/ikbViewer/Content/20350/HoeghTrade_RoRoTransp.pdf)
65
Höegh Autoliners Cargo Quality Manual (URL: http://www.typoprint.se/hualwww/hual.pdf) p. 19
under Chapter Loading.
66
Falkanger, Bull, Brautaset (2010), cf. p.309
67
Regulation 785/2006, cf. Section 6
23
and location on the cargo unit is also of imperative.68 All the above is first and foremost
important from a safety point of view. Second, from a commercial point of view, i.e. how
to utilise the vessels, ensure an efficient cargo operation and avoid increasing the risk for
cargo damage.
When the cargo is booked, the next step consists of delivering the cargo to the port
terminal. This is done by the shipper/sender. HA does not operate any port terminals.
Hence, the port terminal operation is a service conducted by a third party through HA
requirements.69 GTI is the HA instruction to the Port Terminals. If the cargo during the
receiving process does not match the company’s standard, it will be declined. If accepted, it
will be stored in the terminal and made ready to be loaded on the planned vessel. At this
point there are several tasks to be executed. These are mainly but not limited to: Survey,
labelling, measurement of dimensions and preparation for the loading operation.
Discrepancies between the booked cargo information and the measurement of dimensions
are updated through the terminal IT system which is interfaced with Höegh Autoliners IT
system. Consequently, the data shall be updated if there are any discrepancies.70
In the main loading ports the cargo is loaded in presence of a HA Port Captain. If anything
is not up to standards in regards to lashing, securing or condition of the cargo, the Port
Captain has the mandate to refuse to load the cargo. This is in order to conserve the safety
of the vessel, crew and stevedores. Ultimately, the Master of the vessel is responsible for
the vessel’s safety, and can decline the cargo to be loaded or demand more lashings to
secure the cargo if found necessary.71 This assessment and decision can be done regardless
of the standpoint of the HA Port Captain. Hence, the Master has the final saying. This is
also explicitly expressed in the HACQM72.
68
http://www.hoeghautoliners.com/ikbViewer/Content/21201/Global_Terminal_Instructions.pdf) p. 5
69
http://www.hoeghautoliners.com/ikbViewer/Content/21201/Global_Terminal_Instructions.pdf)
70
Höegh Autoliners Cargo Quality Manual, p. 4 in Chapter Intro (URL:
http://www.typoprint.se/hualwww/hual.pdf)
71
Section 19 (a), Ship Safety and Security Act
72
HACQM, (URL: http://www.typoprint.se/hualwww/hual.pdf) p.2 in Chapter Loading
24
2.3.4 The handling of dangerous goods
As a starting point, Höegh Autoliners accepts dangerous goods in packaged form.
However, this practice is limited to two factors; (i) the vessel must hold an IMDG
certificate73; (ii) The dangerous goods must be of the type permitted in the given IMDG
certificate. However, as the fleet of Höegh Autoliners consists of in-chartered tonnage74
and owned tonnage, there is a marked difference in relation to which vessel holds an IMDG
certificate. Generally, Höegh Autoliners owned vessels possess an IMDG certificate. In-
chartered tonnage does not. Consequently, identifying the vessel which is actually subject
of loading the dangerous goods is of fundamental importance. Not all types of dangerous
goods are permitted to be loaded even though the vessel holds an IMDG certificate. The
certificate lists what is permitted to be loaded. In order for the cargo to be accepted it must
be in accordance with the respective IMDG certificate.75
The acceptance procedure in Höegh Autoliners when it comes to dangerous goods is of a

centralised nature whereas the Port Captain can give approval.76 The reason for this is to
ensure correct interpretation and full overview of all the vessels under operation which
holds the IMDG certificate. The dangerous goods can be accepted or declined depending
on the vessel and type of dangerous goods. If accepted, the cargo must be accompanied by
a Material Data Safety Sheet in addition to proper marking of the cargo as expressed in to
the IMDG Code. This information must be given to the Port Captain and the vessel. 77
73
Vessel holding IMDG certificate can load certain dangerous goods depending on what is
permitted in the certificate.
74
“Tonnage” i.e. vessels in this context
75
HACQM (URL: http://www.typoprint.se/hualwww/hual.pdf) p.5 in Chapter Terminal
76
77
25
3 Loaded and ballasted in a cargo safety context
3.1 Section 12, first paragraph Ship Safety and Security Act of 2007
Chapter 3 of the Act concerns technical and operational safety. Section 12, Cargo and
Ballast, first paragraph regulates expressly the situation of the vessel being “loaded and
ballasted”. First paragraph requires particularly two elements to be fulfilled; (i) stability
and buoyancy; and (ii) life, health, property or the environment where the former shall not
be endangered and the latter not be jeopardized.
“Loaded and ballasted” in this context means when the cargo is on board, i.e. after the
completion of the cargo handling operations.78 Moreover, it must be understood in a broad
sense as it concerns the trim, stowage and shifting79 of the cargo. Any mistake in relation to
the cargo stowage could have a negative impact and in a worst case scenario cause a
serious casualty80.
In order for the “stability and buoyancy” not to be endangered, there must be a correlation
between the cargo and the vessel’s capacity. This means that the Master and the
commercial operator (the party providing the cargo, i.e. HA in this case) must have a close
interaction. However, the Master having the knowledge of his vessel, its features and
capacities is in the best position to ensure that the stability or buoyancy of the vessel is not
endangered. Hence, routines and standards of the interaction between vessel and operator
shall be in place.
Not to jeopardize “life, health, property and environment” means inter alia following
relevant safety provisions and best practices. This is usually composed of competence,
experience, proper training and finally a set of governing standards and procedures in a
manual to ensure uniformity and clarity.
78
A vessel may need ballast in loaded condition, and in most cases when empty (after discharge
operations). However, not all vessels need ballast as this depends on the construction of the
vessel.
79
“Shifting” is a term describing a planned or unplanned move of cargo inside the cargo hold
80
NOU2005:14 På rett kjøl, p.113
26
HA has outlined a set of routines and standards concerning interaction in HACQM. This is
in order to give the Master the necessary information of the cargo in order to ensure that the
stability and buoyancy of the vessel are not endangered.81 HFS trains and ensures that the
Master and crew have the necessary competence and that they act pursuant to the HACQM.
Consequently, HFS complies with Section 12, first paragraph of the Act.
Furthermore, second sentence, first paragraph of Section 12 states that The Ministry is
given legal authority to make amendments and/or detailed instructions, i.e. the NMD to
make or amend necessary provisions concerning cargo and ballast.82
(Regulation 785/2006)
In a practical context, the understanding of the cargo being on board means that the vessel
is “loaded”. Consequently, the cargo is subject for carriage from one place to another. This
means that the legal authority given in Section 12 “loaded and ballasted” in the Ship
Safety and Security Act is linked to Regulation 785/2006 as it concerns carriage of cargo in
a safety context.
Regulation 785/2006 consists of ten Sections. The first five Sections are of a general nature
whereas the scope, definitions, duties, exemptions and relationship to international
legislation is elaborated. The following three Sections concerns specific and important
subjects on cargo information, bulk cargo and the Cargo Securing Manual (CSM). The last
two Sections are regarding the required documentation on board and information about
when the regulation is effective. The most important Sections relevant for ro-ro vessels are
Section 6 and 8. As a consequence these sections will be discussed in detail.83
81
HACQM, Chapter Preload
82
83
Regulation 785/2006
27
Section 3 of the Regulation concerns duties. The section sets out requirements concerning
duties. Three parties are mentioned; (i) “The Company”; (ii) “the master”; and (iii) “other
persons working onboard.” Referenced is made to the Ship Safety and Security Act
whereas all the previous mentioned parties have a duty to follow the Act and the present
regulation. This means that not only the master is responsible in accordance with the
traditional notion, but also “the company” and “other persons working onboard”. This
means that the Able Seaman or the Junior Deck Officer has a duty to ensure compliance
with the above mentioned Act and the present regulation. The same accounts for “The
Company”. In practice this requires the company to have a set of procedures and routines
in place for the Master to follow. Additionally, these set of procedures and routines shall be
incorporated in the duties of the crew on board in order to give the Master and the crew
proper guidance in how to safeguard the stability and buoyancy of the vessel. HA ensures
that the duties are clear through the HACQM concerning cargo quality and safety
questions. HFS ensures proper training and that the crew are qualified to maintain the
safety when it concerns “stability and buoyancy”. Furthermore, in the last paragraph of the
Section, a duty is also laid on the “shipper” in accordance to Section 6. However, the
“shipper” is not subject of duties and responsibilities according to the Ship Safety and
Security Act.84
Section 6 requires certain information of the cargo subject to be loaded on board from the
shipper. The information of the cargo is the basis when it comes to deciding where and how
to stow it on board the vessel. Furthermore, it is of outmost importance to receive the
correct and necessary information in order to ensure that the safety is safeguarded
throughout the sea voyage. The responsibility is placed on the shipper. The information
provided from the shipper shall be done timely in order for the Master or his representative
to plan and prepare the transportation of the cargo. This is imperative to ensure that the
vessel is “loaded and ballasted” in a safe way. Without the correct information, the
stability and calculation of the vessel will be wrong given the discrepancy of the given
information with the actual true information which for the vessel is unknown. Another
84
Pettersen, Bull (2010), p. 260
28
point is that this information must be given sufficiently in advance in order to make the
necessary adjustments. Potentially, this may force the vessel to discharge ballast water in
order maintain “stability and buoyancy”. This can be a challenge given the different
restrictions in the different ports which may impede any ballast water exchange in order to
avoid unwanted species in their marine environment85. Further, the form of the information
given by the shipper shall be in writing through shipping documents. Again, it is
emphasized on the importance of this information being made available in a timely manner,
i.e. early enough to make necessary planning and preparation to ensure the vessel being
“loaded” or “ballasted” safely. Lastly, the Section lists the requirements of the cargo
information. There are three letters; (a) general cargo; (b) cargo in bulk; and (c) dangerous
cargo. Each letter pertains specific information on what is to be included based on the
characteristic of the cargo. In regards to ro-ro vessels, letter a) is of relevance as a ro-ro
vessel carry cargo which can be defined as general cargo. Bulk cargo cannot be carried on a
ro-ro vessel as the cargo hold is not designed and built for this type of cargo.86
Further in the first paragraph of the Section, it is stated that “Necessary” information
regarding the cargo shall be accessible. “Necessary” in this context will depend on the type
of cargo, vessel, trade, its character and if it is considered to be normal or odd cargo.
Hence, “necessary” will be something which can be a lot of things depending on the
circumstances. Furthermore, what is considered to be “necessary” from a shipper’s point
of view may not be deemed to be “necessary” from an operator’s point of view. Other
factors determining whether the “necessary” information is given will depend on the
shipper’s experience. How does the shipper know what information to provide? What kind
of knowledge does the shipper have about sea transportation? Does the shipper know what
kind of forces the cargo might be subject to during a sea voyage? The previous questions
are of relevance in regards to be able to give the “necessary” information regarding the
cargo to safeguard the crew, vessel and cargo itself. The operator on the other hand, being
85
Potential safety issues with ballast water (URL:
http://www.imo.org/OurWork/Environment/BallastWaterManagement/Pages/Default.aspx)
86
The EU Report: Legal and Economic of Tramp Maritime Services
(URL:http://ec.europa.eu/competition/sectors/transport/reports/tramp_report.pdf) p. 273
29
the experienced party, and being the service provider of the sea transportation, must ensure
that it receives the “necessary” information in order to fulfil “safe stowage and
transportation” which is directly connected with the vessel being safely loaded and
ballasted.
For a ro-ro vessel, it is imperative to obtain the length, width, height, weight, used or new,
description, rolling/non-rolling/static (forkliftable cargo). This information will determine
if the cargo can; (1) be loaded; (2) where it can be stowed; (3) if it needs extra equipment;
and (4) to determine lashing and securing requirements. This information is imperative to
ensure that the vessel is “loaded or ballasted” in such a way that it safeguards the life,
health, property and environment.
HA receives the booking, ensures that the “necessary” information is in place and
produces the stowage planning87. HFS, through the competence and experience of Master
and crew, requires the necessary information if the information received is not satisfactory
in order to ensure that the vessel is safely loaded and ballasted.
The shipper is subject to the requirements of Section 6 of the Regulation 785/2006.

However, the shipper is not subject to duties according to the Ship Safety and Security
Act88. However, HA, being the operator of the ro-ro vessels verifies the cargo information
given in the booking process of the Terminal. This is documented in HACQM under
chapter Terminal.89 In addition, this is also elaborated in GTI.90 In practice, the Master of
the vessel or “his representative” ensures or verifies that the information is correct. The
Master’s “representative” in this case is HA or agent employed by HA as they issue the
shipping documents.
87
Cf. 2.3
88
Pettersen, Bull (2010), p.260
89
HACQM, Chapter Terminal, Registering Cargo p.3
90
GTI, p. 6 (2.1 Documentation)
30
Section 8 requires a manual for the securing of the cargo the vessel is specifically built to
load. For a ro-ro vessel this manual is of particular importance. This is due to the vast
amount of different cargo a ro-ro vessel can load. Additionally, it is also related to the high
number of decks and cargo holds with different capacities and different cargo securing
equipment on board. The Section consists of three paragraphs. Each paragraph focuses on
different items. The first paragraph expressly states that a CSM has to be on board the
vessel at any time. The second paragraph deals with the structure, forces and stability
information that has to be available for the master. The third paragraph is about bulk cargo
and the procedures concerning the planning on loading such cargoes between the vessel
and the terminal. For a ro-ro vessel manager, i.e. HFS in this context, only the two first
paragraphs are applicable. A ro-ro vessel does not load cargo in bulk and therefore the third
paragraph is not applicable.
The first paragraph requires that the CSM must be “approved”. An “approved” CSM,
according to Section 2 in the regulation is a SOLAS requirement, and shall be pursuant to
MSC/Circular.745.91 In practice, the CSM for each vessel is approved by a Classification
Society92. This is made on behalf of the flag state. A typical CSM for a HFS managed ro-ro
vessel operated by HA consists of mainly three parts; (i) general information; (ii) securing
devices and arrangements; (iii) stowage and securing of non-standardized and semi
standardized cargoes.93 The first parts concern general ship data, definitions, general
information and further about main sources of danger. The second part concerns
specifications on the fixed and portable cargo securing devices in addition to inspection and
maintenance schemes. The last part, elaborates on general principles of cargo securing and
forces that can materialise under a sea voyage. Further, the CSM has several annexes and
appendices with relevant information as set out in MSC.1/Circ.1353.
91
MSC/Circ.745: Guidelines for the preparation of the cargo securing manual.
92
93
Model Cargo Securing Manual (URL:
http://www.dnv.com/binaries/Model%20Manual%20for%20General%20Cargo-
Container%20vessel_tcm4-287971.pdf)
31
HFS ensures that each vessel under its management has an approved CSM. The
information and cargo securing principles provided for in the HACQM correlates with the
CSM.
Second paragraph states that the Master is to prevent “excessive” stress on the ship’s
structure. In order to give the master a basis as to whether or not to take necessary action he
must be given information regarding the vessel’s “stability data” and “strength”.
“Excessive” stress in this context can be divided into two categories; (i) static stress; and
(ii) dynamic stress. Static stress in a ro-ro ship context could be when the vessel is not
moving, or underway. A regular situation where static stress on the vessel occurs is when
the vessel is berthed. There are no external forces in terms of the vessel rolling or
accelerating. Hence, the focus under this term is to safeguard that the cargo does not exceed
the deck capacity of the vessel in terms of weight for instance. A breach of the deck
“strength”, i.e. loading a unit which is heavier than the deck capacity will cause
“excessive” stress. Moreover, the stowage of the cargo units will have a direct impact on
the stability of the vessel, hence the importance of the “stability data”. Dynamic stress is
when the vessel is underway and starts rolling due to forces caused by wind, current, sea or
manoeuvring. This is where the stowage and securing of the cargo is of particular
relevance. No securing of the cargo unit will mean that there is nothing preventing the
cargo unit to move besides its natural friction to the deck. In regards to stowing, it is of
relevance where certain units are placed as there are certain areas of the vessel which are
more exposed to the potential forces acting on the vessel (for instance, the higher up the
more movement). Cargo not being secured properly can break loose from the original
position which again will mean that the weight distribution of the vessel will be different
compared to the weight distribution at departure. This may have a direct effect on the
stability of the vessel. In this situation, the vessel can in worst case not deemed to be safe.
Again an assessment of the “stability data” is of relevance. The second paragraph state:
“to enable” the master in preventing “excessive stresses”. “To enable” means give the
master the opportunity to assess and make decisions based on the relevant data made
available for him. This is the “stability data” and “strength” information pointed out in the
32
second paragraph. Furthermore, in order to “prevent” the “stresses” the Master must in
ensure that the cargo does not exceed the “strength” nor cause a dangerous situation in
regards to the “stability”. Only the Master has first hand knowledge of the quantity of
bunkers and ballast he has on board. This means that he must supervise the loading
operation in order to maintain the safety of his ship concerning “strength”, “stability” and
the prevention of “excessive” forces on his vessel. He must ensure that the cargo is loaded
according to what is planned as this is the basis for the stability calculations of the vessel.
On a ro-ro vessel this is imperative due to simultaneous cargo operation (loading and
discharging in several parts of the vessel at the same time).
This means that the crew must actively supervise and control the cargo operation and at the
same time control the “stability” of the vessel. HFS ensures this through the compliance of
HACQM94 which is to be followed together with the CSM. Hence, First and foremost, HFS
by obtaining an approved CSM complies with Section 8. HFS manages to have the vessel
safely loaded and ballasted by ensuring that the Master and crew follows the HACQM and
CSM, in addition to ensuring that Master and crew are competent, experienced and trained.
3.3 International rules and regulations; Chapter VI in SOLAS and CSS Code
Chapter VI in SOLAS is about the carriage of cargoes. It consists of three parts. Part A
concerns general provisions. Part B concerns special provisions for bulk cargoes other than
grain. Part C concerns Carriage of grain. The whole chapter has 9 regulations. Part A has 5
regulations, whereas the last two Parts have two regulations each.
From a ro-ro vessel perspective, being considered as a vessel able to carry general cargo,
Part B and C is not of relevance. Hence, only the general provisions set forth in Part A is of
relevance for Höegh Autoliners and the type of vessel it operates. Regulation 785/2006
refers to the above mentioned chapter in SOLAS.
94
HACQM (URL: http://www.typoprint.se/hualwww/hual.pdf) Chapter Loading
33
Regulation 1 in chapter VI in SOLAS concerns its application. The regulation is divided
into two paragraphs. First paragraph specifies the type of cargo which the chapter is
applicable for. The chapter does not concern liquids and gases in bulk or other cargo
covered in other chapters. Furthermore, the relevant cargo for this chapter is cargo which
owes “particular hazards to ships or persons on board”. This applies for all ships
regardless of size.
Regulation 5 in Chapter VI in SOLAS concerns requirements regarding stowage and

securing. This regulation consists of six paragraphs. All paragraphs except fifth paragraph
are of relevance of a ro-ro vessel. The basis for the discussion in this chapter is on the
vessel being safely “loaded and ballasted”. Each paragraph specifies important aspects of
how to stow and secure the cargo. This is imperative for a cargo vessel to be “loaded and
ballasted” in a safe manner.
First paragraph requires the cargo to be “stowed and secured in such a way that it does not
cause damage or hazard to the ship and the persons on board, and loss of cargo
overboard”. “Stowed and secured” is a consequence of the loading operation, i.e. post
loading operation.
The loading operation is based on a pre load plan made by the Port Captain. Hence, the
loading operation is of vital importance in order to avoid causing “damage or hazard” to
the vessel, crew and cargo. Not only while in port, but also “throughout the voyage”. This
term means from load port to discharge port. In practice this can be both by sea and
through different ports. This can be illustrated by a typical ro-ro vessel having three load
ports in Europe and seven discharge ports in the Far East. A cargo unit loaded in the first
load port and discharged in the last discharge port will stay onboard through eight ports.
This is due to the fact that the voyage starts at first load ports and ends at the last discharge
ports. Hence, it is not sufficient that the cargo is stowed and secured to avoid “damage or
hazard” from one port to the next port. It should be stowed and secured from load port to
discharge port including the port calls in between the load port and the discharge port.
34
HFS ensures compliance to this paragraph by ensuring that the crew follow the principles
and standards set forth in the HACQM95 and CSM. In practice the crew checks the securing
of all cargo while at sea. If found necessary, additional lashings or other measures are taken
in order to keep the vessel safely loaded and ballasted.
Second paragraph sets out requirements to cargo or items which is inside the cargo unit.
The cargo “shall be so packed and secured within the unit” in order to avoid dangerous
situations and damage during the sea voyage.
“Packed and secured within the unit” means that the cargo shall be safely stowed in such a
way that it does not break loose inside the cargo unit. The “unit” in this context could be a
car, truck, excavator, crate or box. The main message is that it is not sufficient to secure the
cargo unit if there is another cargo unit inside which is not secured. This paragraph is of
outmost importance as they are often enclosed without any possibility to verify how things
are secured “within the unit”. Another aspect is that the shipper is the one who has made
the box or crate. A relevant question is if the shipper understands the forces and
accelerations the cargo will be subject to during a sea voyage. This will often determine if
the units are safely stowed within the crate or box. Another point is if the crate and box is
strong enough to sustain both internal and external securing devices. “Packed and secured”
in order to “prevent” any danger to its surroundings, inter alia crew, cargo and vessel is
imperative. A loose cargo unit within a box could have a devastating effect. A false safety
sentiment can easily become present due having secured the box. However, the key point in
this paragraph is that the unit(s) within another cargo unit (e.g. a box) shall also be “packed
and secured” in a way that prevents danger to its surroundings.
HFS satisfies this requirement by following general cargo handling principles set forth in
the HACQM in addition to proper cargo handling training. However, the HACQM does not
95
HACQM, (URL: http://www.typoprint.se/hualwww/hual.pdf) Chapter Loading
35
mention explicitly how to handle cargo units within a cargo unit. The CSM96 does however
point out this problem and refers to SOLAS, Chapter VI Regulation 1 and 5. Hence, HFS is
in compliance with the requirement set forth in the paragraph.
Third paragraph sets out requirements for out of gauge cargo. “Appropriate precautions”
means that extraordinary measures must be taken. The paragraph emphasizes that it is not
only during cargo operations, but also during the “transport”. The term is understood as
the sea voyage and during the port calls, i.e. from load port to discharge port for the cargo.
Furthermore, “structural damage” and “adequate stability” shall be avoided by having

taken the necessary measures “throughout the voyage”. “Structural damage” could arise
during loading or during the voyage. This could e.g. be that the unit while being loaded
collides with the structure of the vessel. This risk will naturally be higher when the
dimensions of the unit are above what can be considered as average. The term “adequate
stability” points toward a proper assessment as to where it is wise to place the unit on the
vessel based on the stability during the subsequent port calls. A unit with an abnormal
weight but within the capacity of the vessel calls for extra attention by all parties. It is not
only important to take the extra precautions during loading or discharging, but it is also
imperative to monitor the cargo while at sea, and initiate actions if found necessary to
maintain the “adequate stability” of the vessel. Another factor building on the importance
to monitor the “heavy cargoes” is that a potential result of the cargo breaking loose is that
it will cause increased damage to the vessel and surrounding cargo.
HFS satisfies the requirements in this paragraph by being in pursuant to HACQM97 and the
CSM. This is especially shown through the general instructions given in Chapter Loading
and Chapter Sea in the HACQM whereas emphasize is on the supervision during loading
and during the sea voyage. In practice, the crew will supervise and even though it is not
96
CSM (URL:
http://www.dnv.com/industry/maritime/shiptypes/orecarrier/cargosecuringmanual.asp)
97
HACQM, Chapter Sea and Loading (URL: http://www.typoprint.se/hualwww/hual.pdf)
36
explicitly mentioned in the HACQM and CSM, the crew will have an extra eye on
abnormal cargo both during loading and during the sea voyage.
Fourth paragraph sets out requirements specifically for ro-ro vessels. “Appropriate
precautions” in this context concerns the typical cargo combined with the design of a ro-ro
vessel. The “precautions” refers to both “loading and transport” of the units. This means
that an important aspect is the planning and execution of the cargo operation in addition to
the voyage itself, mainly at sea. The paragraph points specifically towards the “securing
arrangements”.
The main difference on how cargo is stowed and secured on a ro-ro ship compared to a
general cargo ship is that there is physical distance between the units on the former. The
general cargo ship is built on strong compartments on the bottom and the sides, whereas the
cargo is stowed side by side, i.e. supporting each other. Consequently, the securing
arrangement is vital. There are mainly three different securing devices involved; (i) the
lashing point on the cargo; (ii) the lashing; (iii) the lashing point on the vessel. The
securing system is not stronger than the weakest device. Consequently the capacity of the
lashing is based on the device with the lowest capacity. Another factor becomes relevant as
most of the cargo on ro-ro vessels is rolling cargo. An athwartship stowage increases the
risk of the cargo to roll to each side following the accelerations of the vessel at sea. The
main correlation between this paragraph and ensuring that the vessel is ”loaded and
ballasted” in a safe manner, is to have taken the necessary measures to avoid any cargo
breaking loose which could endanger the crew, vessel, property and environment.
HFS satisfies this paragraph through the crew’s compliance of the HACQM98 and the CSM
together with ensuring that the crew are properly trained, experienced and competent to be
on board a ro-ro vessel. In practice, the training is given through officer conferences, cargo
98
HACQM, (URL: http://www.typoprint.se/hualwww/hual.pdf) Chapter Loading and Chapter
Terminal
37
handling workshops, on the scene guidance by experienced Port Captains in addition to
education according to the STCW Code.
Paragraph six underlines the requirement that the cargo shall be “loaded, stowed and
secured” in accordance with the CSM. Furthermore, second sentence, specifically points
out “ships with ro-ro spaces”. The main message concerning the ro-ro vessels is that the
securing of the cargo shall be completed before the vessel departs the quay. Furthermore, it
shall strictly follow what is laid out in the CSM. Last sentence implicitly states that the
standard shall be in accordance with the guidelines given and developed by IMO.
In practice, this means that the respective Classification Society has the authority to
approve the CSM on behalf of the flag state given that it fulfils the guidelines set forth by
IMO.99 HFS satisfies this requirement by ensuring that each vessel under its management
holds a CSM which is approved by DNV. Furthermore, HFS ensures that the crew
understands and is in compliance with the CSM. Consequently, the compliance of this
paragraph supports the vessel being safely loaded and ballasted.
3.4 How does Höegh Autoliners ensure compliance?

According to Section 12, first paragraph, the vessel shall be “loaded and ballasted” in
order to safeguard life, health, property and environment. This is achieved by ensuring that
the stability and buoyancy is not compromised.
Höegh Autoliners, through its subsidiary HFS ensures that the vessel is “loaded and
ballasted” in a safe manner by ensuring that the “stability and buoyancy” is not
endangered through the Master’s competence and authority. He has the overview of the
cargo, bunkers and ballast on board. Höegh Autoliners, through its subsidiary HA has a
shore based role called Port Captain (Supercargo). This role is fully focused on the cargo
99
Cargo Securing Manual, DNV (URL:
http://www.dnv.com/industry/maritime/shiptypes/orecarrier/cargosecuringmanual.asp)
38
booked, stowage and utilisation of the vessel. The Port Captain will make pre load plans for
the cargo booked for the assigned vessel. The pre plan includes assessment on; (i) stability;
(ii) Buoyancy; and (iii) utilisation of the vessel. If the vessel has any remarks to the plan
concerning the above factors, it shall be pointed out. The Port Captain must amend the
stowage plan in order to satisfy the Master’s requirements. This means that there are two
crucial roles in the equation (Master and Port Captain). However, the Master has the final
responsibility to maintain the vessel’s safety.
The company, i.e. HFS is responsible for the vessel being “loaded and ballasted” in a way
that it does not endanger crew, cargo and environment. This is manifested through ensuring
that the crew joining the ship is properly trained and prepared, i.e. to ensure that the vessel
is “loaded and ballasted” in a satisfactory way. Additionally, HFS has to provide the
Master with the necessary tools and systems in order to fulfil the requirement set forth in
first paragraph Section 12 of the Ship Safety and Security Act.
Requirement regarding the cargo information is stated in Section 6 of Regulation 785/2006.

The requirement is placed on the shipper. The shipper is however not subject to any duties
in the Ship Safety and Security Act. In practice, the Master of the vessel or “his
representative” verifies that the information is correct. This is done through procedures in
Chapter Terminal of the HACQM and GTI. The Master’s “representative” in this case is
HA or agent employed by HA which also issues the shipping documents.
Requirement concerning the CSM is set out in Section 8 of Regulation 785/2006. HFS
obtains and provides the CSM for the vessel. HFS ensures that the Master and crew
understands and follows the CSM. This concerns the vessel’s capacity, stability data and
strength. Hence, Section 8 is satisfied by HFS.
Regulation 5 in SOLAS Chapter VI concerns requirements regarding stowage and

securing. All paragraphs except paragraph five are relevant for ro-ro vessels in regards to
“loaded and ballasted”. HFS is in compliance of the relevant paragraphs through ensuring
39
that the crew following the procedures, principles and standards set out in both HACQM
and the CSM. However, the HACQM could be more detailed in relation to all the relevant
requirements set forth in Regulation 5.
Based on the above, Höegh Autoliners, through its subsidiary HFS satisfies the requirement
set forth in first paragraph, Section 12 in the Ship Safety and Security Act, i.e. to ensure
that the vessel is loaded and ballasted in a safe manner.
4 Cargo-handling operations in a cargo safety context
4.1 Section 12, second paragraph in the Ship Safety and Security Act of 2007
Second paragraph of Section 12 is about “cargo-handling operations”. These operations
“…shall not be carried out so as not to endanger life, health, property or the
environment”.100 This part of the Section concerns specifically the cargo handling
operation.
The reason for pointing out the cargo-handling operation itself in addition to what is stated
in the first paragraph of the Section is the risk involved when loading and discharging
cargo. The interaction between the crew and stevedores in combination of time pressure
and potential lack of knowledge manifests a substantial risk. This risk concerns inter alia
life, health, property and environment. Therefore, it is of particular importance for the
Master and crew to supervise and control the cargo operation.101 Section 12, second
paragraph gives The Ministry legal authority to make amendments, i.e. the NMD
concerning cargo-handling operations, in addition to the cargo handling appliances. The
equipment is fundamental in terms of quality and safety together with correct use.102
100
Ship Safety and Security Act (2007), Section 12
101
102
40
HFS complies with Section 12, second paragraph in ensuring that the crew is in compliance
with the HACQM which describes a set of procedures, instructions, standards and best
practices. As a starting point, HFS shall also ensure that the crew is competent and trained
to be in compliance with HACQM.
(Regulation 785/2006)
There are two Sections in Regulation 785/2006 which is relevant conerning cargo-handling
operations. Section 6 concerns requirements regarding cargo information. Section 8
concerns requirements about CSM.
As mentioned above, Section 6 concerns requirements regarding cargo information. The

information provided shall be “...available during loading operations...” The natural
question in this regard is when the “loading operations” is considered to be started? This is
imperative considering that when the operation has started, everything thereafter is
considered to be “during” cargo operations. Hence, the “necessary cargo information”
must be present when the cargo operation starts in order to be “available during loading
operations”.
Is the “loading operation” considered started when the pre load meeting with the
stevedores and agent is performed the day before the loading operation? This question is of
relevance as this is a routine the HA Port Captain follows prior cargo-handling operations.
However, this interpretation is unlikely as the meeting is still a pre load meeting. However,
the main point is that the “loading operation” has not started. A more natural interpretation
of the start of the “loading operation” would be when the first stevedores arrive on board
to perform the “loading operation”. This also correlates with the typical stevedoring shifts,
e.g. first shift from 0600 to 1400. Consequently, if the “loading operation” of the vessel
will take place in the first shift, the “necessary cargo information” must be “available
during loading operations”, i.e. from 0600 to 1400. However, this is unfortunate as the
planning of the loading operation is being done in detail before the actual “loading
41
operation”. During the “loading operation” it is too late as the operation is already
underway. Furthermore, the term “safe stowing and transportation” will in the ro-ro
industry mean it is placed in the correct place and by safe means in order to safeguard the
crew, vessel and cargo. Correct place means in accordance to the capacities of the cargo
holds and in proper distance to other cargo units in order maintain safety and quality.
Furthermore, proper lashing and securing is to ensure that the cargo unit will not move
unintentionally at sea. If cargo breaks loose from its securing arrangements, it could have a
knock on effect on other cargo units. Consequently, a dangerous situation might arise with
the cargo. This means that the stability of the vessel may deteriorate to a dangerous
condition. Worst case scenario would be that the vessel capsizes.
The shipper is subject to a responsibility in the second sentence Section 6. As mentioned in

Chapter 3.2, the shipper is not subject of duties according to the Ship Safety and Security
Act. However, this fact does not make this Section less relevant as it is crucial for the
safety to obtain the correct information timely. First and foremost the shipper is to give the
“...master and or his representatives...” the cargo information. Representatives could be
any party preparing the loading operation. It could also be the agent or another
representative from the company. In this context it must be understood to be the person
who does the planning and preparation of the loading on behalf of the Master. HA as the
operator, i.e. the Port Captain (Supercargo) conducts the pre load planning. Furthermore, it
is stated that the cargo information shall be given “...sufficiently in advance of loading...”
This phrase broadens the scope of the first sentence in the Section where it was stated that
the cargo information had to be “...available during loading operation...”. “Sufficiently in
advance” is a vague expression. “Sufficiently” for the shipper or the “master or his
representative”? It is specified further that it should be “sufficiently” in the context of
being able to take necessary “precautions” to stow properly and safely transport the cargo.
A natural understanding of the term “sufficiently” must be seen from the stowage planner
point of view (Port Captain). This is due to the fact that he is actually making the plan and
must have the information a certain time in order to make the pre load plan and at the same
time not compromise on safety. Furthermore, the plan must be distributed to both crew and
42
stevedores. This means that the term “sufficiently” from a HA Port Captain point of view,
could be to have the “information on the cargo” the day before the loading operation as it
is imperative for the planning of a safe cargo operation.
In letter a), which is of relevance for ro-ro vessels, there are mainly three terms which
specifies what should be included in the cargo information; (i) “general description of the
cargo”; (ii) “gross mass”; and (iii) “relevant special properties”.
The understanding of “general description” would be if the cargo unit is a vehicle, truck,
bus or excavator. It describes the cargo unit on a general note as it would be normally
understood, e.g. if the cargo is a bus, it is simply described as a bus. “Gross mass” means
weight. “Relevant special properties” can be understood to be cargo which is self
propelled, non-self propelled, cargo with tyres, tracks, boxed, crated, used or new, etc. It
would be additional information to the general description, only more detailed and specific.
For a ro-ro vessel this is very important as there might be cargo spaces in the vessel where
it would be safer to place the unit. Certain type of rolling cargo, e.g. with tracks, would be
preferable to load on certain decks which are easy accessible as tracked units are slower
and causes extra work103 for all parties when driving on the internal ramps.
Section 6 does not place a requirement upon Höegh Autoliners, but on the shipper. As
explained above, the shipper is not subject to duties in the Ship Safety and Security Act.
Nevertheless, HA and HFS have procedures which verifies the cargo information. This is
documented in the HACQM in chapter Terminal page 3 and in GTI chapter 2.1
Documentation.
Section 8 concerns the CSM. In a cargo operation context it is important to have

knowledge of the vessel’s capacity, equipment, securing devices, general forces and
potential accelerations. The CSM is important for the Master and the crew on board as it
sets out the cargo handling capabilities of the vessel. The CSM, based on the information
103
Dunnage, rubber mats or ropes to be placed on the internal ramps. This is done in order to
increase friction between the steel tracks and steel ramps.
43
provided, is an instruction on how to use the vessel related to the cargo-handling
operations. According to the Section, a stability booklet shall be part of the CSM. This
booklet provides information regarding different accelerations in different parts of the
vessel. This information regarding the stability booklet may influence where to stow and
secure the cargo in order to not “endanger life, health, property and environment”.
Moreover, the CSM “shall be kept on board”.104 Hence, if the pre load planning is done
ashore, i.e. a Port Captain will not have access to the Manual. Consequently, this is a
document which is intended for the crew.
HFS fulfils the requirement in Section 8 by obtaining and providing the CSM105 to the ro-ro
vessels under its management. Chapter Stowage and Securing in the CSM is of importance
as it elaborates about general cargo handling principles. Furthermore, by following the
HACQM, which correlates with the CSM, HFS is in compliance of this Section.
Additionally, HFS ensures that the crew understands and uses the information provided in
the CSM correctly in connection with cargo-handling operations. This is done through
training and competence building106.
4.3 International rules and regulations, Chapter VI in SOLAS and CSS

Regulation 5, in Chapter VI in SOLAS presents the requirements regarding stowage and
securing in six paragraphs. The focus in this chapter is the actual cargo-handling operation.
First paragraph explains how the cargo shall be “loaded, stowed and secured” in order to
prevent dangerous situations “throughout the voyage”. “Loaded, stowed and secured”
means during the cargo operation. “Loaded”, means cargo being transported on board from
the terminal. This can be thousands of units over several days for a PCTC vessel in one
104
Section 8, Regulation 785/2006
105
Model Cargo Securing Manual (URL:
http://www.dnv.com/binaries/Model%20Manual%20for%20General%20Cargo-
Container%20vessel_tcm4-287971.pdf)
106
HFS (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/ship_management?p_dimension_id=56
548)
44
single port. “Stowed” means placed on board. The “stowed” concept can have different
interpretations. It could e.g. be tightly “stowed”, which means that the units are very close
to each other, which will lead to more cargo on board which again means more freight
revenue. Stowage also means placing the right cargo at the right place in order to avoid any
issues with the vessel’s capacity. The requirement set in this paragraph is fulfilled by HFS
through the crew’s compliance of the standards and requirements set forth in HACQM107
chapter loading which concerns handling standards and instructions for cars, High and
Heavy, excavators, roll-trailers, static (crated cargo), trucks and tractors.
Third paragraph sets the requirements regarding abnormal cargo in terms of dimensions or
weight. Risk involved with the loading of “abnormal” sized cargo is first and foremost if it
fits the vessel, i.e. that there is no conflict between dimensions of the cargo unit and the
capacity of the vessel. Several dangerous situations can arise for both crew members and
stevedores given the unusual nature of the cargo. Furthermore is “structural damage” of
importance. The term concerns damage to the vessel. Damage to a crucial part of the
structure of the vessel due to the loading of an “abnormal” dimensioned cargo may weaken
a supporting beam which may affect the cargo capacity of the vessel.
HFS ensures compliance of this paragraph by following Chapter concerning General

Stowage and Securing of cargo in the CSM. This chapter explains the general cargo
handling principles in a thorough manner. Additionally, HACQM lists specific crew
member duties in Chapter Loading. Furthermore, in the same chapter under the General
Höegh Autoliners standard instructions, it is clearly listed what is expected and required
from the crew and Master during cargo-handling operations. This is inter alia having an
updated load plan, knowledge of the quality standards and present where the cargo-
handling operation takes place in order to supervise. HFS ensures that the crew is properly
trained in cargo handling matters, i.e. fully acquainted with CSM and HACQM.
Consequently, HFS is in compliance with this paragraph.
107
HACQM, (URL: http://www.typoprint.se/hualwww/hual.pdf) Chapter Loading
45
Fourth paragraph is about specific requirements for ro-ro vessels. The focus is on the
“securing arrangements”. These are; (i) lashings; (ii) lashing points on the unit; and (iii)
lashing points on the vessel. “Appropriate precautions” is directly related to the strength of
the “securing arrangements”. The reason for this is that the securing of a cargo unit is not
stronger than the weakest part (one of the three securing devices above). Recognizing also
that a ro-ro vessel stows the cargo different from traditional cargo vessels, i.e. space
between more or less all cargo units means that there is no support on the sides of the
respective cargo units. Hence, the units are lashed108 in order to create friction to impede
the cargo to move when the vessel roll.109 In order to ensure compliance regarding securing
arrangements, i.e. securing devices, an “appropriate precaution” can be interpreted to be
inter alia certified securing devices. HFS ensures that the vessel is in compliance with the
relevant fixed securing devices through the CSM which contains certificates of the fixed
securing devices. Furthermore, by ensuring that the crew follows the instructions in
Chapter Equipment in the HACQM the lashing equipment on board is of a certified type
and maintained throughout its normal lifespan. The lashing points attached to the cargo unit
is often for the shipper’s account, and can therefore not be guaranteed. However, HFS, with
properly trained crew shall be able to detect potential weak lashing points visually and
through supervision of the cargo-handling operation.
Paragraph six is specifically about ro-ro vessels as the paragraph specifically mention “ro-
ro spaces”. The requirement is that all the cargo shall be secured satisfactory before the
vessel departs the quay. This requirement means that cargo-handling operations on a ro-ro
vessel consist of an increased risk compared to other types of cargo vessels. An element of
that risk is the space between the cargoes which requires every single unit to be secured.
The fact that the majority of the cargo is of a rolling type also makes the cargo vulnerable
in terms of movement. This is not explicitly mentioned in the HACQM, but can be
understood through the general standard instructions given in Chapter Loading. Regulation
108
Lashed by appropriate lashing gear from lashing point on deck to lashing point on cargo unit
109
Höegh Autoliners Cargo Quality Manual (URL: (URL: http://www.typoprint.se/hualwww/hual.pdf))
Chapter Loading and Chapter Equipment
46
5 is however explicitly referred to in the CSM. Hence, HFS is in compliance of this
paragraph by ensuring that the crew is fully acquainted with HACQM and the CSM.
Regulation 5, Chapter VI in SOLAS refers to the CSS Code. The purpose of the CSS Code
is to promote international cargo handling (stowage and securing) standards in order to
promote safety. Given the fact that stowage and securing of cargo takes place during cargo-
handling operations the Code is of high relevance. In order to satisfy this requirement, the
general cargo handling principles explained in CSS Code and which are applicable for ro-
ro vessels shall be known by the crew. Hence, HFS ensures proper cargo handling training
regarding the general principles set forth in the CSS Code. This is satisfied through
knowledge and understanding of the HACQM and CSM which uses the Code as basis.
4.4 How does Höegh Autoliners ensure compliance

Second paragraph, Section 12 requires that the “cargo-handling operations” shall be
performed in way that safeguards, life, health, property and environment. HACQM is the
given authority concerning cargo-handling operations in Höegh Autoliners, i.e. where both
HA and HFS are involved as operator and management company. The Manual elaborates
on Port captain and crew duties before and during the cargo-handling operations.110
Furthermore, the manual is in compliance with SOLAS Chapter VI and CSS Code111 and
explains general cargo handling securing and stowage principles.
Section 6 of Regulation 785/2009 explains the requirements related to cargo information.

The requirement is placed on the shipper. The shipper is however not subject of duties in
the Ship Safety and Security Act. However, given the importance of Section 6 and the
context of cargo-handling operations, HA has routines and procedures to obtain and verify
the relevant information. In a HA context the cargo information is provided before the pre
load meeting. This is in order to give the Port Captain the information required to inform
and plan the cargo-handling operation together with agent, stevedores and tally. Based on
110
HACQM, (URL: http://www.typoprint.se/hualwww/hual.pdf) Chapter Vessel Readiness, Preload
and Loading
111
HACQM, (URL: http://www.typoprint.se/hualwww/hual.pdf) Chapter Intro
47
this meeting, relevant information is passed on to the Master of the relevant vessel. This
routine is explained in the HACQM.112
Section 8 of Regulation 785/2006 requires a CSM. HFS, as the ship management company
has the duty to obtain and provide an approved CSM to all vessels under its responsibility.
Furthermore, it is implied that the manual is understood and followed by the Master and the
crew on board through satisfactory training and education (STCW Code). Consequently,
HFS complies with Section 8.
Regulation 5 in SOLAS Chapter VI concerns requirements regarding stowage and

securing. Through proper training, understanding and crew compliance of both HACQM
and CSM, HFS is in compliance of Regulation 5.
Based on the above, HFS is in compliance of Section 12, second paragraph of the Ship
Safety and Security Act which concerns cargo-handling operations in a safe manner.
5 The carriage of Dangerous Goods in a cargo safety context
5.1 Section 12, first paragraph in the Ship Safety and Security Act of 2007
Section 12, first paragraph, sets out requirements on how a ship shall be loaded and
ballasted. The safety of life, health, environment and property shall not “in any other way
be jeopardized”. Incorrect handling of dangerous goods poses a potential safety risk for the
crew, cargo handling personnel, vessel, property and the environment.113
112
HACQM, Chapter preload.
113
Pettersen, Bull (2010), p. 258
48
In order to satisfy Section 12, first paragraph in regards to the handling of dangerous goods,
it is necessary to have procedures and instructions in order to not jeopardize the safety of
life, health, environment and property.
HFS satisfies Section 12 in regards to dangerous goods through the crew’s compliance of
chapter Terminal page 5 to 9 in the HACQM and the CSM.
Furthermore, in the first paragraph of Section 12 in the Ship Safety and Security Act,
second sentence gives NMD delegated authority to issue detailed provisions concerning the
handling of inter alia dangerous goods.
5.2 Regulation concerning the carriage of dangerous cargoes on Norwegian

ships (1481/2009)
This regulation consists of ten chapters. Chapter 1 is concerns general provisions such as
scope, definitions, exemptions, training, responsibility and safety measures. Chapter 2
concerns general requirements for dangerous packaged goods. This chapter has to parts;
Part A and Part B. Part B is not applicable for ro-ro vessels engaged in international trade.
This part is focused on ferries (ro-ro passenger ships) forming part of the Norwegian road-
network. Chapter 3, 4 and 5 concerns carriage of dangerous cargoes in bulk of solid form,
liquid chemicals and liquefied gases respectively. Chapter 6 is about Carriage of packaged
irradiated nuclear fuel, plutonium and high-level radioactive wastes (INF). Chapter 7 is
about dangerous goods carried on board offshore supply vessels. Chapter 8 concerns
concluding provisions, i.e. entry into force. As seen, there are many forms of dangerous
goods including different types of vessels involved. This is the reason for the different
chapters and requirements. A ro-ro vessel carries dangerous goods in packaged form.
Hence, chapter 1 and chapter 2 of this regulation are of relevance for HFS managed vessels
under HA operation.
Chapter 1, Section 4 is divided into three parts. It concerns the responsibilities and
documentation on board. The first part states that the master shall ensure that the dangerous
49
goods is loaded and stowed safely according the plan. The fact that he shall “ensure” that it
is safely placed on board gives him a clear responsibility in safeguarding that the necessary
precautions have been taken and that everything is in order prior the vessel departs the port.
The second part concerns the documentation. It expresses clearly that is to be given to the
Master and be kept on board. “Transportation document” can be Bill of Lading, Manifest
or other relevant dangerous goods document with the relevant information. It is clearly
stated that EmS114 numbers and MFAG115 numbers must be present in the “transportation
document”. Third part of the Section instructs the vessel to have the applicable
international regulation on board.
HFS satisfies Section 4 in the Regulation through compliance with Chapter Terminal page
8 in the HACQM. Additionally, compliance with CSM will also ensure that HFS satisfies
this Section.
Section 5 concerns training. The Section consists of two parts. The first part states that
training in the handling of dangerous goods is required. The second part specifies the
standard and requirement of the training. In the first part the main point is that “The
Company” is the responsible party to make sure that the involved personnel concerning
dangerous cargo has the necessary training. “The Company” according to the Ship Safety
and Security Act is HFS. In regards to Höegh Autoliners this duty will be divided in two
aspects. One, HFS is responsible for the adequate dangerous goods training concerning the
vessel’s crew. Two, HA, being the operator, is responsible to ensure dangerous goods
training for the land-based personnel, i.e. personnel deciding whether or not the respective
dangerous cargo is acceptable or not on a booking stage. The training is specified to
consists of “handling of and safety measures” for the goods in question. Last sentence in
the first paragraph states that the training must be “documentable”. This means it must be
verifiable in written through certificate of training or diploma of courses attended.
114
Definition in Regulation 1481, Section 2: EmS: Emergency Response Procedures for Ships
Carrying Dangerous Goods, MSC/Circ.1025
115
Definition in Regulation 1481, Section 2: MFAG: The Medical First Aid Guide for Use in
Accidents Involving Dangerous Goods,MSC/Circ.857.
50
Paragraph two of the Section specifically states that the training must satisfy the
requirements set forth in STCW Convention and IMDG Code.
HA satisfies Section 5 through ensuring that the crew is educated and trained according the
STCW Convention and IMDG Code. This is documented through the necessary certificates
all Deck Officers on board HFS managed vessels116 holds.
In addition there are requirements set forth in ADR117 for ships forming part of the
domestic road-network, however, this is not applicable for Höegh Autoliners as all the
vessels are engaged in international trade.
Section 6 is about safety measures. The Section places the responsibility on the master to
ensure that the vessel is fit and prepared in accordance with the special procedures given
for vessels being certified to carry Dangerous Goods. Two aspects are pointed out; (i) fire
and safety; and (ii) medical first aid. This Section illustrates the potential hazards this type
of cargo can cause and hence places the responsibility of preparedness in potentially
countering fire and provide medical aid on the master.
HFS satisfies Section 6 through (i) certification of the vessels, i.e. IMDG certificate; (ii)
proper training related to fire fighting and medical first aid; and (iii) regular fire fighting
exercises which is mandatory according the ISM Code118.
Chapter 2 consists of two parts. Part A is of a general nature and sets a general requirement.
Part B does not concern ro-ro ships trading domestically which is not part of the “road net-
work”. The understanding of being part of the “road net-work” is when a “ro-ro ship” is
116
HFS (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/ship_management/organisation?p_dim
ension_id=56549)
117
ADR is the abbreviation for Accord européen relatif au transport international des marchandises
Dangereuses par Route
118
ISM Code, cf. Chapter 8 Emergency Preparedness (URL:
http://www5.imo.org/SharePoint/mainframe.asp?topic_id=287)
51
able to carry passengers and rolling vehicles (cars and trailers) and offers a scheduled
transportation service in a fixed route with fixed ferry quays. On the other hand, Part A,
Section 7 concerns “Ships carrying dangerous packaged goods” which as a starting point
involves all vessels that can carry general cargo. “Dangerous packaged goods” is general
cargo but with a dangerous element. The cargo can be loaded and handled in the same way
as non-dangerous cargo. However, being defined as “dangerous packaged goods” implies
that there are additional requirements for the packing and stowage of this kind of cargo.
Consequently, there are several requirements in the handling, packing, labelling and
stowage for this type of cargo.
Part A is divided into two paragraphs. The first paragraph concerns “ships carrying
dangerous packaged goods”. There is no specific definition or limitation on what kind of
vessels. Second paragraph on the other hand specifies “High-speed craft” which is
designed and built in accordance with HSC Code 2000. This means that all other vessels
than “High-speed craft” is covered by the first paragraph. Ro-ro vessels engaged in
international trade where the purpose is to transport cargo, not passengers, will be covered
in paragraph one of Section 7.
Section 7, paragraph one, subparagraph a) and b) are straightforward in its wording by

referring directly to SOLAS, Chapter VII Part A, and the IMDG Code. This demonstrates
the close connection between national regulations and the international rules and
regulations governing maritime safety matters. Consequently, what is stated in the above
mentioned Convention and Code is applicable according to Section 7, paragraph one.
5.3 International rules and regulations, SOLAS Chapter VII and IMDG Code
The material rules concerning the carriage of dangerous goods are found in SOLAS chapter
VII. SOLAS chapter VII consists of five parts. Part A concerns carriage of dangerous
goods in packaged form. Part A-1 is about carriage of dangerous goods in solid form in
bulk. Part B and C are about construction and equipment of the ships carrying dangerous
52
liquid chemicals and liquefied gases in bulk respectively. Part D concerns carriage of
packaged irradiated nuclear fuel, plutonium and high-level radioactive waste.
The detailed rules concerning carriage of dangerous goods are found in the IMDG Code. In
the Code detailed instructions in how to handle the dangerous goods are described. This
information consists of; (i) classification of the goods as set out in the Code; (ii)
documentation; (iii) package; (iv) marking; and (v) stowage.119 The Code is comprehensive
and consists of seven parts. Part 1 concerns general provisions, definitions and training.
Part 2 is about classification. Part 3 presents dangerous goods list. Part 4 concerns packing
and tank provisions. Part 5 is about consignment procedures. Part 6 is about construction
and testing of packaging. Part 7 presents requirements concerning transportation
operations.
As outlined above, Part A of SOLAS Chapter VII concerns carriage of dangerous goods in
packaged form. This means that this part of the chapter only applies to vessels carrying
dangerous goods in packaged form. A general cargo vessel, i.e. a ro-ro vessel can only
carry dangerous goods in packaged form. Consequently, Part A is applicable for Höegh
Autoliners.
Regulation 3 is the main rule concerning carriage of dangerous goods for ro-ro vessels. The
requirement in the regulation is that the carriage of dangerous goods “shall be in
compliance with the relevant provisions of the IMDG Code”. This means that in order to be
in compliance with Regulation 3, the carriage of the goods in question must be according to
the IMDG Code. The term “Relevant provisions” means that the applicable provisions will
vary depending on what kind of dangerous goods which are subject for carriage. In practice
this means that every time a cargo subject for shipment is classified as dangerous goods,
i.e. found in the dangerous goods list, it must be checked and verified according the
detailed technical rules laid out in the IMDG Code. The first step in relation to shipment of
dangerous goods on board vessels would be to determine if the vessel intended to load the
119
Pettersen, Bull (2010) p.46
53
dangerous goods is actually allowed to carry the dangerous goods. Regulation 2 concerns
the application of the carriage of dangerous goods in packed form. The regulation refers to
SOLAS Chapter II-2, Regulation 19 paragraph 4 which states that the vessel shall hold a
document of compliance (IMDG Certificate)120 as evidence that the vessel is allowed to
carry dangerous goods. This means that any vessel intended to carry dangerous goods in
packaged form must hold a document of compliance to carry dangerous goods fulfilling
SOLAS Chapter II-2 Regulation 19 paragraph 4.
HFS ensures that this certificate is in place and valid on HA operated vessels as HFS is the
ship managers of the vessels.121 Furthermore, when receiving an inquiry concerning
shipment of dangerous goods, HA verifies if the vessel subject to carry the dangerous
goods hold an IMDG certificate. If this is confirmed the next practical step is to ensure that
the subject dangerous goods in question is allowed to be carried under the IMDG
certificate. If a positive conclusion based on the above can made, the dangerous goods can
be carried on board the vessel in question. This process is evidenced through the HACQM,
Chapter Terminal, page 5 concerning acceptance of dangerous goods. Additionally, in page
6 of the same chapter of the HACQM a Dangerous Goods acceptance form is to be
followed and serves as a checklist and documentation of the steps explained above.122
Hence, HFS satisfies Regulation 3 of SOLAS Chapter VII through compliance with the
HACQM, Chapter Terminal, page 5 to 9.
In relation to the carriage of dangerous goods, there are also specific requirements
concerning the documents. Regulation 4 of SOLAS Chapter VII, Part A states the
requirements. There are several requirements; (i) proper shipping names shall be used; (ii)
correct description with classification according to the IMDG Code; and (iii) the document
shall be a certificate or declaration according to the requirements set forth in the IMDG
120
MSC/Circ.1027
121
HSSEQ in HFS (URL:
http://www.hoeghautoliners.com/ikbViewer/page/hainternet/ship_management/hsseq?p_dimension
_id=56550)
122
HACQM, Chapter Terminal, Dangerous Goods p. 5
(URL:http://www.typoprint.se/hualwww/PDFKatalog/Terminal5-9.pdf)
54
Code which is signed. In addition, according to paragraph five of Regulation 4 states that
the vessel shall have a “special list or manifest” with information; (i) in accordance with
the IMDG Code requirements; (ii) of the dangerous goods; and (iii) location on board.
Alternatively, a stowage plan containing the above listed information is also acceptable.
In order to satisfy the above requirements of there must be a certain level of competence of
the IMDG Code and the general handling of dangerous goods. If the shipper does not have
this competence, the carrier should strive to guide the shipper to obtain the necessary
documents as elaborated above according the valid rules. This means obtaining the proper
shipping name, the UN number and class according to the dangerous goods list in the
IMDG Code. In addition to compliance of the IMDG Code a certificate and declaration
must follow the cargo which is intended to be shipped. If this is not fulfilled, the cargo is
not in legal terms acceptable nor ready to be loaded.
HA requires a certification or declaration containing all the information as set forth above.
The same is required by the HFS managed vessel. This is evidenced through the dangerous
goods acceptance form123. However, the declaration or certificate is not explicitly
mentioned in the HACQM. Consequently, a potential room for transparency and
clarification can be made in the HACQM concerning this particular point due to the lack of
documentation and clarification.
HA satisfies the requirements set forth in Regulation 4 concerning manifest or special list
through the Höegh Autoliners standard dangerous goods manifest.124 This is also
documented in the HACQM and is therefore transparent for all relevant parties in the
logistic chain where HA has responsibility.
123
HACQM, Chapter Terminal. Dangerous Goods p. 6 (URL:
http://www.typoprint.se/hualwww/PDFKatalog/Terminal5-9.pdf)
124
HACQM, Chapter Terminal, Dangerous Goods p. 8 (URL:
55
5.4 How does Höegh Autoliners ensure compliance?
Section 12, first paragraph in relation to the handling of dangerous goods requires specific
routines, instructions and procedures in order to ensure correct handling with the purpose to
not jeopardize life, health, property and environment.
Detailed provisions regarding the handling of dangerous goods are given in Regulation
1481/2009.
Section 4 for in the Regulation set forth requirements in relation to responsibilities and
documentation. HFS satisfies the requirements through compliance of Chapter Terminal
page 4 to 9 in the HACQM and CSM.
Section 5 in the Regulation sets out the requirement concerning training. HA as the
operator together with HFS as the manager are both involved with the handling of
dangerous goods. Hence, HA is responsible for the training of the shore based personnel
involved in the handling of the dangerous goods. HFS, the company subject of the duties in
the Ship Safety and Security Act, is responsible for the dangerous goods training of the
crew. HFS satisfies the requirements in Section 5 through ensuring that the crew is
educated and trained according the STCW Convention and IMDG Code. The same Codes
also ensures that the documentation requirement is satisfied.
Section 6 concerning safety measures is satisfied by HFS through the mandatory ISM Code
through drills and exercises involving fire fighting and medical first aid.
Section 7 requires compliance with SOLAS Chapter VII and the IMDG Code. HFS
satisfies the above requirement through adherence to the relevant regulations and
provisions given in SOLAS Chapter VII and the IMDG Code.
Regulation 3 concerning the requirements for the carriage of dangerous goods states that
the IMDG Code as mandatory, i.e. the carriage shall be in compliance with the relevant
56
provisions in the Code. HFS satisfies Regulation 3 of SOLAS Chapter VII through
compliance with the HACQM, Chapter Terminal, page 5 to 9.
Regulation 4 is about documentation concerning dangerous goods. HA satisfies the

requirements in Regulation 4 regarding manifest or special list through the Höegh
Autoliners standard dangerous goods manifest given in the HACQM, Chapter Terminal.125
HFS, by ensuring adherence to the HACQM complies with Regulation 4 in SOLAS
Chapter VII.
Based on the above, HFS satisfy the requirement set out in Section 12, first paragraph as to
not jeopardize life, health, property and handling through correct handling of dangerous
goods according to the provisions set forth and through the compliance of chapter
Terminal, page 5 to 9 in the HACQM and CSM.
125
HACQM, Chapter Terminal, Dangerous Goods p. 8 (URL:
57
6 Conclusion
The ro-ro industry consists of mainly six significant market players. NYK, K-Line, MOL
are Japanese based operators. EUKOR is based in Seoul, South Korea. WWL and Höegh
Autoliners are headquartered in Oslo, Norway.126 Höegh Autoliners with its corporate
structure has organised the cargo safety focus in two separate entities; HA and HFS. HA
operates the ro-ro vessels. HFS manages most of HA operated ro-ro vessels. The HFS
managed ro-ro vessels are NIS flagged. Consequently, Norwegian legislation applies for
these ro-ro vessels. Rules concerning cargo safety in Norwegian legislation are found in
Ship Safety and Security Act.
Section 12 in the Ship Safety and Security Act concerns cargo safety. The Act applies for
cargo vessels. A ro-ro vessel is a cargo vessel. Hence, requirements set forth in Section 12
apply for ro-ro vessels.
Section 12 consists of two paragraphs. First paragraph describes particularly two elements
in a broad sense; (i) stability and buoyancy; and (ii) life, health, property or the
environment, where the former point shall not be endangered and the latter point not be
jeopardized. This paragraph also entails the handling of dangerous goods. This is due to the
fact that life, health, property or the environment can be jeopardized by wrongful handling
of dangerous goods. Furthermore, second sentence has delegated authority to NMD to issue
detailed regulations concerning cargo and ballast. Second paragraph concerns cargo-
handling operations. The term “cargo-handling operations” is specifically mentioned
given the potential risk the cargo-handling operation represents. Second sentence has
delegated authority to NMD to issue detailed regulations concerning cargo-handling
operations.
126
The EU Report: Legal and Economic analysis of the tramp service
(http://ec.europa.eu/competition/sectors/transport/reports/tramp_report.pdf) p.220
58
There are mainly three requirements for a ro-ro vessel in order to be in compliance with
Section 12; (i) safely loaded and ballasted; (ii) safe cargo-handling operations; and (iii) safe
handling of dangerous goods.
Detailed requirements are set forth in Regulation 785/2006 concerning carriage of cargo
and Regulation 1481/2009 concerning carriage of dangerous goods. These regulations have
implemented the relevant international safety rules and regulations in two ways; (i) by
verbatim in the respective regulations; and (ii) by reference to SOLAS, CSS Code and
IMDG Code.
Höegh Autoliners ensures compliance with the cargo safety rules and regulations through
its subsidiary HFS. HFS is considered as the company set forth in Section 4 in the Ship
Safety and Security Act. HFS is consequently the responsible company according to cargo
safety questions. However, the internal cargo safety rules (based on Norwegian law) are
manifested and distributed internally through HACQM. HA is the document owner of
HACQM given its cargo handling competence, experience and focus. This entails
monitoring applicable cargo safety rules in order to have an updated HACQM. Hence, a
close interaction and collaboration between HA and HFS on all cargo safety questions is
imperative to ensure compliance of the applicable cargo safety rules. This is of particular
importance given the described corporate structure of Höegh Autoliners.
59
References
Treaties/Statutes
Ship Safety and Security Act of 2007 (Skipssikkerhetsloven av 2007)
The International Convention for the Safety of Life at Sea (SOLAS), 1974
Regulation of 29 June 2006 No. 785 concerning the carriage of cargoes on cargo ships and
barges
Regulation of 8 December 2009 No. 1481 concerning the carriage of dangerous cargoes on
Norwegian ships
Regulation of 17 January 1978 No. 4 concerning loading and discharge arrangements on
ships
Convention of the International Maritime Organisation (IMO)
Preparatory Works
NOU 2005:14 På rett kjøl
Ot.prp. no. 87 (2005-2006)
Innst. O. No. 35 (2006-2007)
Secondary Literature
The Norwegian Maritime Directorate: Excerpts from the Norwegian Passenger and Cargo
Ship Legislation, etc (Regler for passasjer og lasteskip m.v.) (2010)
Wim Albert Timmermans: Carriage of goods by sea in the practice of the USSR maritime
arbitration commission (1990)
Terje Hernes Pettersen, Hans Jacob Bull: Skipssikkerhetsloven med kommentarer (2010)
Dag Bakka Jr., Maritime Norge 08 (2008)
Fearnly Consultants AS, The EU Report: Legal and Economic Analysis of Tramp Maritime
Services
Höegh Autoliners, Höegh Autoliners Cargo Quality Manual (2009)
Höegh Autoliners, Global Terminal Instructions (2010)
60
Internet Resources
http://www.imo.org
http://www.hoeghautoliners.com
http://www.jus.uio.no/english/services/library/treaties
http://www.emsa.europa.eu
http://ec.europa.eu
http://www.dnv.com
61
List of Abbreviations
ADR Accord européen relatif au transport international des marchandises
Dangereuses par Route
CEU Car equivalent Units
CONRO Container Roll-on Roll-off vessel
CSS Cargo Stowage and Securing
DNV Det Norske Veritas
EEA European Economic Agreement
EMSA European Maritime Safety Agency
EU European Union
HSC High-Speed Craft Code of 2000
HSSEQ Health, Safety, Security, Environment and Quality
IMDG International Maritime Dangerous Goods Code
IMO International Maritime Organisation
ISM International Safety Management Code
LCTC Large Car and Truck Carrier
MSC Maritime Safety Committee
NIS Norwegian International Register
NMD The Norwegian Maritime Directorate
PCC Pure Car Carrier
PCTC Pure Car and Truck Carrier
RORO Roll-on Roll-off vessel
SOLAS Safety Of Life At Sea
STCW International Convention for Standards, Training, Certificates and
Watchkeeping 1978.

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CARGO SAFETY RULES AND REGULATIONS

APPLICABLE FOR RO-RO VESSELS

A case study on how Höegh Autoliners comply with the applicable

Candidate number: 5039

Number of words: 17.687 (max. 18.000)

1.1 Purpose of the thesis 1

1.2 Demarcation of the thesis 3

1.3 Sources and method 4

2 PRESENTATION OF THE RO-RO INDUSTRY AND HÖEGH AUTOLINERS 14

2.1 Ro-Ro industry 14

2.2 Corporate structure of Höegh Autoliners 17

2.3 Cargo Handling Quality and Safety standards 21

3 LOADED AND BALLASTED IN A CARGO SAFETY CONTEXT 26

3.4 How does Höegh Autoliners ensure compliance? 38

4 CARGO-HANDLING OPERATIONS IN A CARGO SAFETY CONTEXT 40

4.3 International rules and regulations, Chapter VI in SOLAS and CSS 44

4.4 How does Höegh Autoliners ensure compliance 47

5 THE CARRIAGE OF DANGEROUS GOODS IN A CARGO SAFETY CONTEXT 48

5.2 Regulation concerning the carriage of dangerous cargoes on Norwegian ships

5.4 How does Höegh Autoliners ensure compliance? 56

1.1 Purpose of the thesis

1.3 Sources and method

1.3.1 The Ship Safety and Security Act of 2007

Chapter 6 is about protective security measures. The requirements concern preventive

Chapter 8 deals with administrative measures. It concerns measures if a breach of any of

1.3.2 Regulations from the Norwegian Maritime Directorate

1.3.3 International rules and regulations concerning cargo safety

"The mission of the International Maritime Organization (IMO) as a United Nations

Chapter VI, Carriage of cargoes in SOLAS is related to Regulation 785/2009. Chapter VI

Chapter VII, Carriage of dangerous goods in SOLAS is related to Regulation 1481/2009.

1.3.4 Method and content

2.1 Ro-Ro industry

2.1.1 The Ro-Ro market

2.2 Corporate structure of Höegh Autoliners

Höegh Autoliners Holding AS (Höegh Autoliners) is a privately owned shipping company.

Höegh Autoliners Management AS (HAM AS) is a fully owned company of Höegh

2.2.2 Höegh Autoliners AS (HA) – Commercial operator

HA is not involved in the technical management and crewing of the vessels. HA is a

A short elaboration of HA cargo handling governing documents is necessary in order to

Additionally, in order to ensure customer satisfaction, certain requirements do in many

The acceptance procedure in Höegh Autoliners when it comes to dangerous goods is of a

The shipper is subject to the requirements of Section 6 of the Regulation 785/2006.

Regulation 5 in Chapter VI in SOLAS concerns requirements regarding stowage and

Furthermore, “structural damage” and “adequate stability” shall be avoided by having

3.4 How does Höegh Autoliners ensure compliance?

Requirement regarding the cargo information is stated in Section 6 of Regulation 785/2006.

Regulation 5 in SOLAS Chapter VI concerns requirements regarding stowage and

4 Cargo-handling operations in a cargo safety context

As mentioned above, Section 6 concerns requirements regarding cargo information. The

The shipper is subject to a responsibility in the second sentence Section 6. As mentioned in

Section 8 concerns the CSM. In a cargo operation context it is important to have

4.3 International rules and regulations, Chapter VI in SOLAS and CSS

HFS ensures compliance of this paragraph by following Chapter concerning General

4.4 How does Höegh Autoliners ensure compliance

Section 6 of Regulation 785/2009 explains the requirements related to cargo information.

Regulation 5 in SOLAS Chapter VI concerns requirements regarding stowage and

5 The carriage of Dangerous Goods in a cargo safety context

5.2 Regulation concerning the carriage of dangerous cargoes on Norwegian