The Rules of Salvage

[PeterM]

I think now that HM coastguard in the UK can insist on vessels accepting assistance etc. Changed ot this shortly after the Penlee lifeboat loss - which could have been avoided if the vessel had taken a tow earlier .

Not sure I'd go anywhere near anyone if they didn't welcome an approach. Sit a few metres off and talk first - then choose . Buggered if I'd go out of my way for anyone who wasn't appreciative !

[m chappelow]

a lot depends on the circumstances how big the boat ,distance the tow is and how urgent ,we towed a local fishing boat back to its moorings a few months ago after it had engine problems 14 miles out in the north sea ,the big lifeboat towed him back in but was unable to get into the shallow water of the mooring so i towed him in the last 60 yards in with my little sib ,when we had him on his mooring just seeing the relief on the skippers face said it all , we were doing nothing else but having a buzz about so it made the day that bit more intresting for us ,i suppose it depends also on what part of the country you live in and how snobby the local boating community is ,regards mart.

[m chappelow]

there was a salvage dispute in the 1970s when an RNLI lifeboat capsized in the far north of scotland with the loss of all the crew ,the drifting and still capsized lifeboat was taken in tow by a russian ship and was reluctant to give it back ,i think something short of a major internatianal diplomatic crisis developed but was avoided at the last moment when the ship finally handed the boat back to the rnli ,what i have noticed is there seems to be some ideas going around in some yachting circles that if the boat needing a tow offers his tow line that salvage cannot be claimed as the towing boat has accepted it rather than the other way round ,

[jyasaki]

Originally Posted by m chappelow

what i have noticed is there seems to be some ideas going around in some yachting circles that if the boat needing a tow offers his tow line that salvage cannot be claimed as the towing boat has accepted it rather than the other way round ,

I doubt that has any bearing on it whatsoever. Assuming the conditions of salvage are met (vessel, cargo, or crew in peril), and the aid offered is voluntary and not contractually mandated, salvage can be claimed. It may, in that case, end up in Admiralty Court to decide the outcome, but simple acceptance or request of help does not determine whether or not salvage applies.


http://www.safesea.com/boating_info/...ackground.html

has a good writeup on salvage (note that I have not read the entire article.)

jky

[HoveRuss]

So, technically - and legally - the RNLI could claim salvage for each and every tow....?

[chewy]

Originally Posted by HoveRuss

So, technically - and legally - the RNLI could claim salvage for each and every tow....?

Yep! I don't know when the last case was or in fact when any one actually last claimed salvage rights? Can Lloyds tell you?

The Lifeboat which capsized that was held alongside the Russian ship still had bodies of the crew on board. I have a book somewhere which goes into more detail.

[m chappelow]

in theory yes the crews could claim salvage ,but the RNLI is against this as it could stop people calling for help if they think that they will be charged or loose the boat to a claim , the RNLI foremost is a lifesaving charity,one thing that has been said that if a crew does decide to claim salvage the rnli would have nothing to do with it and any outlay ect cost of launch ,depresiation costs of the lifeboat ,fuel ,would have to be paid for plus the fact lifeboats are not insured anyhow and this would be for commercial gain so if a total loss occoured with the lifeboat the crew could have a bill running into millions , and as the RNLI lost 2 non insured multi £millon pound lifeboats boats last year both groundings ,one down to mooring tackle failure i dont think they would take the matter lightly ,one of the main reasons that the rnli tows a lot of broken down boats back in is its sometime safer than trying to transfer people between boats out at sea ,regards martin .

[chewy]

Cheers Martin, didn't know how to word it so just put "yep".

How come the boats wern't insured? Surely all Lifeboats are insured? Some/most harbours require insurance as part of having your boat there?

[Bigmuz7]

Originally Posted by chewy

How come the boats wern't insured? Surely all Lifeboats are insured?

*soliloquy*
Ah the old days when people did something for nothing .. including saving their fellow shipmates when in trouble and not ask for gratitude and hope that one day the favour might be returned when their own fortunes might not be so good

[m chappelow]

Originally Posted by Bigmuz7

*soliloquy*
Ah the old days when people did something for nothing .. including saving their fellow shipmates when in trouble and not ask for gratitude and hope that one day the favour might be returned when their own fortunes might not be so good

thats it bigmuzz those were the days ,wooden ships and iron men ,,now its iron ships and wooden men ,or its plastic ships and plastic men ,

[jyasaki]

Originally Posted by Bigmuz7

*soliloquy*
Ah the old days when people did something for nothing .. including saving their fellow shipmates when in trouble and not ask for gratitude and hope that one day the favour might be returned when their own fortunes might not be so good

Yeah, well, the "old days" were when all these salvage laws were written, certainly in place in the 1700's, and the principles have been in place for much longer.

jky