Ignorance isn't bliss. It's dangerous.
"But I didn’t know!"
The constant refrain the past couple weeks of people bestowing pity on those poor SMEs that didn’t know about general average or the possibility of liability. Or the poor freight forwarders with their LCL cargo.
No. I call time on this.
Do you need to know everything? Absolutely not.
Should you know the basics of the industry you participate in? Yes. Unequivocally.
There are masses of free webinars (I’ve hosted them), free market insights (I know, I’ve written them), publications and seminars and fire side chats and conversations at networking events.
Not understanding the basic legal regime in which is operate is at its core disrespectful.
If you don’t understand the legal liability then I have huge doubt you understand your legal obligations.?
Take the Dali for example – if you’re a shipper on the master bill of lading you’re likely liable for a general average contribution (should the maritime adventure be ultimately successful). But then there is talk of abandoning cargo and abandoning your legal obligations.
Maritime is a multinational industry that relied on all its players to do the right thing.
Even when it’s annoying or cumbersome. It is the legal and societal contract we all agree to. Because no one wants ships that catch fire to the water line and then pollute foreign waters. We have all agreed that through international conventions. But that requires everyone to step up to their own responsibilities.
If you don’t know about basic marine insurance, then do you know about the obligation to properly declare weight? SOLAS VGM came in because of continuous misreporting. The IMO stepped up to make it safer.
If you don’t know about basic contracting principles of a bill of lading, do you know about the obligation to declare hazardous cargo? The IMO stepped up to make sure properly declared cargo in respect of hazardous cargo to make it safer.
If you don’t know about basic obligations to declare your cargo correctly, do you care about seafarers who are handling your cargo at sea? At their lives so unimportant they don’t cross your mind? If you don’t care about packing your container correctly, do you care about the stevedores who are handling your cargo shoreside? Do you care if the bottom falls out mid-air which could result in either a crush injury or psychological injury of near-misses.
The truck drivers that move your container port to door that are on the roads you drive on. If a truck tips around the corner of a roundabout, because you didn’t care whether it was packed properly. Do you care about the family going on a trip who never make it because it was too hard to bother distributing the weight properly and “what could go wrong”.
Do you care if your cargo ignites and destroys other cargo? Maybe a small business who has done everything right but, hey, you didn’t have insurance, so you just walk away. Everyone for themselves ammirite? ?
领英推荐
When you tell me “but I didn’t know” I now judge you. After six years in my own practice, I have run out of excuses. I have written countless articles* for all manner of international publications, hosted free webinars, created an online course to close the gap. And yet, too many of you insist on continually disrespecting the industry that I love.
Safety in the maritime industry is written in not only blood of innocent lives lost (who trusted the societal and legal convent) but also the countless environment sacrifices from those who blithely disrespect their role in this process.
It is not a gordian knot, nor is it overly complex. But it does take you to admit that you need help. It isn’t even a requirement to humble yourself before your lawyer, insurance broker, marine surveyor. We know it can be confusing or the acronyms. But most (if not all) are passionate about education because education results in improved safety measures across the board.
If I can stop one container from igniting and causing entire ships hold to be flooded to extinguish the fire, then I have had real positive impact on the industry.
But I am done coddling you.
If you’re moving cargo, whether you’re a SME, LCL, FCL, Freight forwarder, NVOCC, SSL you have a duty to your fellow road users, your industry colleagues on shore and at sea and the environment to get over yourself and ask questions and learn.
Ignorance isn’t cute and frankly in our industry it is downright dangerous.?
God save our seafarers because it’s clear no one else will.
-The Shipping Lawyer
* Remember those countless articles mentioned? Here's a few of them...
Ps. Another example of a shipping incident that had major consequences is the Torrey Canyon incident. Read about it here.
And if I've convinced you to step it up on your knowledge - our Propel Forward course is here . Otherwise Google it, bestie.
Chief Growth Officer
7 个月Well done Alison Cusack ! You are completely on point of course. There are very few barriers to entry in our industry. Unfortunately common sense & arrogance are also not prerequisites.
Global thought leadership, partnerships, impact, and communications. Views my own.
7 个月Pure robust tough sensible brilliance as ever
Supply Chain Management: Cost Hawk Solutions / Palmetto Moon Logistics
7 个月Great share Alison Cusack! EXTREMELY critical stuff. I'll convey a view I hope carriers consider too: 1) Most shippers are small; they wrongly assume FF, NVOCCs and SSLs will educate them on the requirements and risk. Usually it is limited to minimums, and even then the shipper doesn't fully comprehend commitments. Sales people bringing up (perceived) 'negatives' when selling service is often avoided . 2) Shipper leadership often doesn't see cost not benefit in training spending (hard to measure benefit), and they point back to point #1 as the safeguard if their people are not well informed. . 3) International shipping is a small piece of all their activity. "Not our core" = least attention. Plus many are intimidated by international laws. Most shippers will not ever experience catastrophic events, so they are ignorantly unaware. Poor excuse, still happens. INCOterms are a great example of ignorance.... most buyers sourcing internationally in companies with as much as $1B internationally sourced materials have no idea what they assume in risk, cost, chain of custody, etc. If they aren't getting INCOterms right, they are missing these other critical element too.
Principal Consultant
7 个月Well said Alison. The industry has pandered to shippers for so long its time to say enough. Everything from misdeclared contents and weights was universally known but ignored in the container trade. Reading the drafts and comparing them to the calculated figures from the terminals as we got them was a continual joke except it was our lives at risk. Everyone who has sailed on container ships has horrifying stories about the industry. Enough.