jimbaerselman
Well-Known Member
In the thread "Greek Court Action for Damage", it's obvious that quite a lot of people who charter in Greece are unaware of the possible consequences of calling for (minor levels) of help on VHF. I quote from www.jimbsail.info/greece
The "Causing a Shipwreck" case affected a charterer nearly 6 years ago. Last year, 5 years after the event, now a CA member, he received a summons to attend an Athens court. The CA Local rep recommended a local lawyer. The case was dismissed - "There was no Shipwreck, the vessel arrived in port".
If any injury occurs on board, this is also a possible cause of criminal charges for negligence.
Reports of VHF calls for assistance causing a boat to be detained are common. This is a strong disincentive for using VHF in emergency. Greek vessels 'phone their mates if they need a tow - bypassing the risk of investigations for criminal negligence - and the delay and cost a "make-work" survey.
Cost of Calling for Assistance (!)
If a boat "problem" or failure initiates a call for outside help, and the Hellenic Coast Guard (usually known as Port Police) hear it, the episode is logged. Their regulations then require that boat papers held held until (1) a surveyor's certificate is obtained stating that the boat is seaworthy and (2) the report is allocated a reference number by the Ministry of Maritime Affairs (which can only be done during normal working hours) and (3) possible infringements of the law are investigated.
There is a standard charge just for issuing seaworthiness reports, depending on the registered LOA of the vessel; typically €400 to €700 for cruising sail boats. This applies whether or not the surveyor makes an inspection.
If there's an infringement of the law, prosecutors will be informed, and the boat's skipper may be summoned to appear in court. This may often be years after the event. Keep all evidence of such events (amounts paid etc) in the event you are accused of "Causing a Shipwreck" (ie, bumping a rock and calling for help) minimum penalty 2 years imprisonment.
The "Causing a Shipwreck" case affected a charterer nearly 6 years ago. Last year, 5 years after the event, now a CA member, he received a summons to attend an Athens court. The CA Local rep recommended a local lawyer. The case was dismissed - "There was no Shipwreck, the vessel arrived in port".
If any injury occurs on board, this is also a possible cause of criminal charges for negligence.
Reports of VHF calls for assistance causing a boat to be detained are common. This is a strong disincentive for using VHF in emergency. Greek vessels 'phone their mates if they need a tow - bypassing the risk of investigations for criminal negligence - and the delay and cost a "make-work" survey.
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