What is a Notice of Protest (NOP) on board a vessel?

What is a Notice of Protest (NOP) on board a vessel?

A Notice of Protest is a sworn statement by the master. It covers circumstances beyond the master's control. Those circumstances could cause or have caused loss or damage to the vessel or cargo. They could also compel the master to leave a dangerous port. Either outcome exposes the shipowner to legal liability.

A Notice of Protest is a notarized statement. It is obtained after a vessel enters port following a difficult sea voyage. Its purpose is to protect the charterer or shipowner from liability. That liability covers damage to cargo, to the vessel, or to other vessels in the event of a collision. The collision must be one caused by marine risks, such as bad weather.

The meaning of a Notice of Protest is as follows:

• A Notice of Protest must be submitted promptly. The deadline is within 24 hours of arrival at port. It goes to a notary public, meaning a public official appointed by law. A magistrate, a civil official enforcing the law, may also receive it. So may a consul, who is a diplomat, or any other authority.
• After submitting a Notice of Protest, the master has the right to extend it. The extension covers unforeseen circumstances related to the Notice of Protest.
• If the protest notice is filed in relation to cargo, it must be filed before discharge. This is done to avoid any legal liability for cargo damage.
• If directed by the shipowner, the protest notice may be sent to all relevant parties. Copies are retained by the shipowner and placed on board.
• A No Objection (NoP) must be observed and applied to each discharge port. Applying it only at the first port of arrival is not enough. Cargoes traded by sea may involve multiple ports. The same cargo may therefore be discharged at different ports.

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A No Objection (NoP) applies in the following circumstances:

• The vessel encountered heavy weather during the voyage, which may have damaged the cargo.
• The vessel has sustained damage, whether or not other damage has occurred.
• The cargo was not ventilated due to circumstances beyond the master's control.
• The loaded cargo may have sustained damage during the voyage. In that case, the bill of lading must be approved first. That approval follows coordination with the Protection and Indemnity (P&I) Club and the shipper.
• The charterer or agent has committed a material breach of the terms of the charterparty. This may include, but is not limited to, unreasonable delay or refusal to load. Cargo not conforming to the terms of the charterparty also counts.
• The consignee fails to discharge the cargo, collect it, or pay the associated freight. The charterparty and bill of lading stipulate those duties.
• A general average (GA) event occurs. GA refers to the allocation of financial responsibility for losses resulting from unloading. The costs are spread among all parties.
• Charterparties authorize, but are not limited to, the refusal to pay demurrage. Demurrage is a penalty payable to the charterer. It applies on failure to load or discharge cargo within the agreed timeframe. Charterparties also cover the directing of the vessel to a dangerous port.

Extension of Objection

Extension of objection is not exhaustive. The extent of damage cannot be assessed at the outset, so legal liability may be incurred. For this reason, the Master reserves the right to extend the objection. Extensions may only be requested after the necessary review and verification of cargo data. When registering an objection, therefore, use this wording. "We reserve the right to extend the objection at any appropriate time and place."

Procedure for Registering Objection

When registering an objection, the Master must do so in the presence of one or more crew members. Those crew members will be deemed witnesses to the Notice of No Objection. These witnesses must be aware of the circumstances leading to the Notice of No Objection. They must also convey the relevant facts to a notary public, judge, consul, or official, as directed.

All supporting documents must be submitted as evidence of the No Objection Notice. These include the ship's official logbook, the deck log and the engine room logbook. Once the No Objection Notice is printed, it must be prepared for distribution. The number of copies follows the number of parties to whom it will be sent. You can view an example of a No Objection Notice here.

Understandably, the No Objection Notice is a crucial document. It protects the master and shipowner from legal liability. It also ensures the economic viability of cargo transportation in the face of potential charges.

Next steps

For related terms and plain-English definitions, continue with the maritime glossary.

Market context for high-compliance maritime regions

What is a Notice of Protest (NOP) on board a vessel? Readers in the United States, United Kingdom, Canada, Australia, Singapore and Europe should compare it with regulator expectations. Port-state control belongs in that comparison too, along with class requirements, insurance and safety-management systems. The same maritime topic can have different practical meaning under USCG, MCA, Transport Canada, AMSA, MPA Singapore and European authority expectations.

Use the market links below to connect the article with local compliance and port-state expectations. They also cover training and safety expectations in high-value maritime regions.

• United States maritime market
• United Kingdom maritime market
• Canada maritime market
• Australia maritime market
• Singapore maritime market
• European maritime market coverage