Interruptions and exceptions to laytime in a nutshell Defence Guides 1. Difference between Interruptions and exceptions to laytime An interruption to laytime covers a period when time does not count because it is outside the definition of laytime as expressed in the laytime clause. A common example is “Weather Working Day” (WWD) laytime period. An exception to laytime, refers to a period that is within the definition of laytime, but is excluded by an exceptions’ clause. The principal difference between the two is that with an exception to laytime it is necessary to show a causal connection between what is excepted and the failure to work cargo, whereas with an interruption to laytime all that needs be shown for causation is that the excluded state of affairs exists at the place where cargo would have been worked. For example: S hip A has a port charter with an interruption to laytime expressed in “Weather Working Days” S hip B has a similar charter but with laytime expressed in working days and additional clause excluding time lost due to adverse weather I f both are waiting at anchorage for a berth, for ship A, rainy periods on working days will be excluded from laytime, but not in the case of ship B. This is because the rain did not delay the cargo operations 2. Interruptions to laytime: There are numerous interruptions to laytime. The most common are Weather Working Days and Sunday and Holidays excepted. a. Weather Working Days The meaning of the word “weather” is to be determined as a question of fact. What might constitute bad weather for one vessel will not necessarily be the same for another, even though both are in the same port at the same time. A period of rain may well prevent the discharge of a cargo of rice, but not a cargo of crude oil. Weather days: Is the Statement of Fact (SOF) binding? The SOF usually record the weather conditions in the port and is prepared by the agent. It is usually counter signed by the master. Although the SOF is persuasive evidence, it is by no means binding. It is open for a party to rebut the information in the SOF with, for example, evidence from a local weather station. If owners have any doubts as to the objectivity of the agent’s SOF, it is recommended to appoint a protective agent to make sure the information in the SOF is accurate. b. Sundays and holidays excepted Although Sunday doesn’t pose any problem in its interpretation, the word “holiday” can in some cases be harder to define. Whether a day is a holiday or not is a question of fact which will be decided by looking at regulations, practice, and custom. A holiday can be decided by a local authority and may apply to just the port and its local area regardless as to whether work is in fact done. 3. Exceptions to laytime An example of exceptions to laytime can be found in the Gencon charterparty: the “General Strike Clause” and “General Ice Clause”. a. Period of application of exceptions to laytime A n exceptions clause will normally only apply to laytime I t will not protect the charterer after the vessel has come on demurrage, unless it explicitly provides so T he charterer’s duty to have the cargo at the loading place ready for shipment at the right time is an absolute one E xceptions clauses will be limited to the periods when loading and discharging operations are going on, unless the clause clearly indicates that it also applies to the operation of bringing the cargo down to the loading place or removing it after discharge b. The