Tanker Quality More Critical Than Age for Oil Majors Chartering in the Wake of OPA

The question of oil pollution and tanker safety looms larger than ever, following the Haven disaster. However, perhaps its real significance may lie not in the scale of the disaster, which was bad enough, but in the timing. The campaign for more restrictive environmental controls in the US is gathering momentum, and this incident will give further ammunition to the OPA legislators. Last August, the US Government implemented the controversial Oil Pollution Act (OPA), and coincidental to the Haven accident, Admiral Kime, commandant of the US Coast Guard, was delivering a criticism, of existing industry safeguards during a speech in Norway, which many fear is a prelude to even stricter US unilateral action.

It is clear that shipowners face the brunt of the responsibility, but several state laws now make the cargo owner, terminal owner and charterer also liable. A number of major maritime law firms have commented recently that the loose term “operator” described in the provisions of the OPA could be extended to include the charterer of the ship as well as its owner, manager and financier.

Increased Charter Screening

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