capacity of master
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- Posts: 2
- Joined: Tue Dec 16, 2008 7:14 pm
capacity of master
if the first leg of the multimodal transport is not by sea, can a master sign the transport document?
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- Posts: 23
- Joined: Thu Dec 11, 2008 11:27 pm
NO..
master is entitled to sign a transport document once it has taken the control of goods to deliver them to a named consignee or to handle them for onward delivery. I cannot imagine how a master can declare received for shipment when he is not involved at all in such leg of carriage.
So my opinion is NO.. he cannot.
So my opinion is NO.. he cannot.
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- Posts: 504
- Joined: Thu Jun 26, 2008 10:33 pm
the issue is not so simple
the issue doesnot have a straight answer i think and if it has, then it will be "yes" as per UCP 600. i failed to find any reason in UCP 600 why a master cannot sign when the first leg is not by sea. UCP is so unconditional here. however i was thinking what would be the possible causes why a master would be signing while is first leg of the journey is not by sea. the only probable answer i found is that the MMTD was actually issued at the port, not at any inland port. and if the master is ready to take the responsibility for the portion of journey which his beyond his control, i see no problem. besides, i think there is no rule governing the issue on where the MMTD will be issued. i have seen many BLs which have a port of lading in one country while the BL is issued and signed in another country; may be an example of switch Bill of lading. if that count as ok, i see no problem