On Deck Bill Of Lading Template for England and Wales
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What is a On Deck Bill Of Lading?
An on-deck bill of lading is a shipping document that records goods stowed on the open weather deck of a vessel rather than in the hold. Under English law, the Carriage of Goods by Sea Act 1992 governs who can enforce it, while the Hague-Visby Rules may not apply to deck cargo if the shipper consented and the bill says so. It serves as evidence of the contract of carriage, a receipt for goods, and a negotiable document of title.
About the On Deck Bill Of Lading
When you need to ship cargo on the deck of a vessel rather than in protected cargo holds, you require an On Deck Bill of Lading that complies with United States maritime law. This specialized document differs significantly from standard bills of lading because it explicitly acknowledges the increased exposure to weather, sea conditions, and handling risks associated with deck carriage.
When do you need this document?
You need an On Deck Bill of Lading when transporting oversized cargo that cannot fit in standard cargo holds, such as heavy machinery, construction equipment, or containers exceeding hold dimensions. This document is also required for dangerous goods that regulations mandate must be carried on deck, including certain hazardous materials and live animals. Additionally, you may choose deck carriage for cost savings or when cargo holds are fully occupied, though this requires explicit agreement from all parties and proper documentation of the associated risks.
Key legal considerations
Under United States law, deck carriage fundamentally changes your liability framework compared to standard cargo transport. The Carriage of Goods by Sea Act (COGSA) may not automatically apply to on deck cargo unless specifically contracted, potentially leaving you with reduced legal protection. Your document must clearly state that goods are carried on deck "at shipper's risk" to establish proper liability allocation. The carrier's responsibility for cargo care is typically reduced, and you may face exclusions for weather-related damage, theft, or loss overboard. Insurance coverage often differs significantly for deck cargo, requiring separate marine cargo policies or specific endorsements to cover the additional risks.
Legal requirements in United States
Your On Deck Bill of Lading must comply with the Federal Bills of Lading Act (Pomerene Act) for negotiability and transfer rights, while the Harter Act governs liability when COGSA doesn't apply. The document must explicitly state that cargo is carried on deck and include specific risk acknowledgments to be legally enforceable. You must ensure proper notification to all parties, including consignees and notify parties, about the deck carriage arrangement. Port authorities and customs officials require accurate cargo descriptions and on deck declarations for regulatory compliance. The Ocean Shipping Reform Act mandates that carriers provide clear contract terms and cannot unreasonably refuse deck carriage requests when operationally feasible. Your document must include all required party information, cargo details, voyage specifics, and clear statements about the modified liability terms associated with deck stowage.
GOVERNING LAW
Applicable law
This On Deck Bill Of Lading is drafted to comply with England and Wales law. Key legislation includes:
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