Ship Master
Under maritime law, the ship master may be regarded as holding two legal capacities within a single role. The ship master acts both as the representative of the shipowner and as the representative of the cargo owners. In each of these capacities, the ship master is entrusted with specific duties and legal authorities.
Authority of the Ship Master Under Iranian Maritime Law
Duties of the Ship Master
The responsibilities of the ship master in operating the vessel and controlling cargo include the following:
- The primary obligation toward cargo owners is to transport goods to the designated destination using the agreed vessel.
- The ship master must take all necessary measures to preserve and safeguard cargo during the voyage and when cargo is exposed to potential risk. All actions must be conducted with consideration for the interests of cargo owners. If the ship master acts reasonably with this objective, such actions are generally considered legally justified.
- In urgent circumstances requiring extraordinary measures, such as the sale of part of the cargo to protect the remaining shipment, the ship’s master must attempt to contact the cargo owners and obtain instructions. If communication is not possible, the ship master must take necessary measures in the best interests of the cargo owners.
- The ship master is responsible for collecting general average contributions from parties entitled to receive or pay them, including cargo owners and shipowners. The ship master may exercise the shipowner’s lien over cargo when necessary until such payments are made.
- The ship’s master must provide a reasonable time for cargo recipients to take delivery of the goods.
- The ship master must conduct the voyage without unjustified deviation from the designated route and must maintain appropriate sailing speed.
- The ship master must perform all additional actions necessary to fulfill contractual obligations.
Legal Provisions
According to the Maritime Carriage of Goods Act of 1971, any shipper providing information regarding cargo identification marks, number of packages, quantity, weight, or measurement of goods is entitled to request that the ship master or another representative of the carrier issue a bill of lading containing such information.
However, the ship master is not obligated to record both the number of packages and the weight of cargo. If the number of packages is recorded, the notation indicating uncertain weight may be included and will have full legal effect. If the ship master has reasonable grounds to question the accuracy of information provided or lacks reasonable means to verify it, the ship master may refuse to include such statements in the bill of lading. Additionally, if cargo markings or container identification marks are unclear or unlikely to remain legible throughout the voyage, the ship master may decline to include them in the bill of lading. Under the same legislation, the shipper may request that statements regarding the apparent condition of cargo be included in the bill of lading.
Authority of the Ship Master
Authority in Ordinary Circumstances
It is essential to distinguish between the authority of the ship master under normal operating conditions and the authority exercised during extraordinary circumstances such as exposure to significant maritime danger. A general legal principle recognizes that even in the absence of explicit instructions authorizing specific actions, the ship master possesses broad authority to perform customary and necessary acts for the operation and management of the vessel.
The ship master may enter into charter agreements or other contractual arrangements for cargo transportation in exchange for freight payment. Unless otherwise specified, parties dealing with the ship master may assume that the ship master represents all shipowners and possesses authority to bind them in matters relating to the vessel’s customary commercial operations under established contractual conditions.
The ship master is not authorized to transport cargo free of charge and cannot sign a bill of lading that provides for freight charges lower than those agreed upon by the shipowner in the governing contract. Furthermore, the authority of the master of a foreign vessel to conclude contracts on behalf of shipowners is generally determined by the law of the vessel’s flag state.
Frequently Asked Questions About the Ship Master
The ship master serves as the representative of both the shipowner and the cargo owners, with defined responsibilities and legal authority in each capacity.
The ship master is responsible for transporting cargo to its destination, ensuring the safety and preservation of the cargo, taking necessary emergency measures to protect cargo owners’ interests, and collecting general average contributions when applicable.
In emergency situations, such as maritime danger or the need to sell part of the cargo, the ship's master must act in the best interests of the cargo owners and, where possible, obtain their instructions.
The ship master must record cargo information, such as package numbers and identification marks, in the bill of lading. If the accuracy of the information is uncertain or cannot be verified, the ship master may refuse to include such information.
The ship master has broad authority to manage vessel operations, enter into charter agreements, and perform customary commercial activities necessary for vessel operation, provided that such actions align with the interests of shipowners and cargo owners.
No. The ship master cannot sign a bill of lading or transportation agreement that provides freight charges lower than those agreed upon by the shipowner. What are the two legal roles of a ship master?
What are the main duties of a ship master in relation to cargo?
What actions may a ship master take during extraordinary circumstances?
What is the ship master’s responsibility regarding bills of lading?
What authority does a ship master have under normal operating conditions?
Can a ship master accept freight charges lower than those set by the shipowner?
