Code of Customs of Nikolaev Sea Port

ARTICLE 8

8.1. Lay time is considered to be the working time given to the port according to the terms of agreement or present Code for loading discharging cargo, including separation, re-weighing, usual fastening/unfastening and trimming/stowing of cargo; opening/closing and covering of cargo hatches; execution of documents for loaded/discharged cargo; dry cleaning of cargo holds after discharging; bunkering and water supply of the ship, if this cannot be done during cargo handling; mooring operations related to cargo handling at specialized wharves of the port.

If, on ship's request, special fastening/unfastening of the cargo is required or special labour-intensive preparatory operations are needed during discharge of cargo owing to the cargo condition (blasting, complete scarifying, pneumatic loosening, repacking, excerption of water-effected or damaged packages, when handling poisonous and flammable cargoes using gas-masks, etc.) the port is to be given extra time, which,shall be added to the lay time.

8.2. The lay time is determined by dividing the weight (amount) of the cargo in tons (cbm, pcs) by the loading/discharge rate per weather working day.

When cargoes to be loaded onboard have deferent loading rates, the weight of the particular cargo is divided by the loading rate per weather working day prescribed for the ship.

If cargo is loaded/discharged not to/from all cargo spaces (hold, tween-deck, RO/RO vessel deck) the prescribed rate shall be multiplied by the number of the declared cargo hatches and divided by the total number of cargo hatches available on the ship. The time required for auxiliary operations, which cannot be performed at the same time with cargo handling, shall be added to the lay time.

8.3. Lay time shall be calculated as follows:

  • Sundays and holidays as well as the time from 12:00 o’clock on Saturdays till 08:00 o'clock on Mondays and the days following holidays are not included in the lay time, irrespective of whether the ship has been under loading/discharging or not;
  • the days preceeding holidays are considered as 3/4 of a working day.

8.4. If the notice of readiness was given by the ship master before 12:00 o’clock, lay time shall count from 16:00 o'clock of the same day. If the notice of readiness was given by the ship master after 12:00 o'clock, the lay time shall count from 08:00 o'clock of the next working day.

8.5. The count of lay time is interrupted if cargo handling operations and auxiliary operations included in the lay time cannot be performed owing to foul weather (precipitation, frost, excessive heat, strong wind,earthquake, etc.), strikes, international conflicts, unexpected State Acts, other force-majeure circumstances and their consequences through the fault of the ship's management. Charterer, cargo owner; absence of railway cars for cargoes handled directly only if the port has ordered the required number of railway cars. The count of lay time is also interrupted if the berth is occupied by the ship under loading/discharge, which arrived earlier and was confirmed by the port for acceptance according to the cargo owner's request.