Maritime insurance cover

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nicho

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Reading this months YM, I see that the skipper of the dredger that "holed" Hythe Pier has now been charged with "endangering human life/property whilst under the influence of alcohol". No surprise there, then!

What I find amazing is the owners of the vessel are able to hide their responsibilites behind legislation to be found in the Merchant Shipping Act , under which they can limit their liability to just 50% of the costs of repair. They are therefore (quite legally) only liable for £150K of the £300K costs - White Horse Ferries, the operators of the Hythe Ferry, are at this point unable to find the balance to reopen the pier. Do you think that private boat owners would be able to get away with that - most marinas seem to insist on a minimum £2million Third Party liability.

Currently, the ferry operates from the Hythe Marina waiting pontoon, but I'm told this will have to cease once the boating season gets into full swing, and the entrance to the marina becomes busy. Strikes me this legislation needs changing.

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Latest news.

Earlier this week the ferry was happily parking at the end of the pier, while the little toy town train was shuttling back and forth.
gbhythe1_01.jpg


But yes, I agree, the damage causer should foot the bill, even if it something more substantial than Hythe Pier, like, oh, let's say, the entire coast line of Northern Spain.

<hr width=100% size=1><A target="_blank" HREF=http://www.writeforweb.com/twister1>Let's Twist Again</A>
 
Without starting a debate

The Coast of spain subject is not so easy as many other factors are involved.
Salvors insisted in dragging tanker further INTO bad weather instead of quieter waters for lightering off the cargo, tow lines were breaking, vesselwas foundering in the bad seas etc.

OK the vessel was at fault initially but other actions compounded a bad situation into a bloody disaster ....

I have particular interest in this case - as I know the vessel and the circumstances of her work in Baltic etc. AND I know of some of the rubbish that has been promulgated by Sensation seeking journalists etc.

Bad choice there Ken .....

<hr width=100% size=1>Nigel ...
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Re: Latest news.

I've not been down for a few weeks - it looks as though it's up and running again then? I would hate to lose this service (as would meny hundreds of Hythe commuters), 'cos it's so handy for crossing from Hythe Marina to Southampton shops.

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.. couldn't agree more with you ... as i understand it, the liability can be restricted to the value of the dredger ..

meanwhile, i have to purchase £1m (or is it 2m?) 3rd party insurance ...

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Re: Without starting a debate

sorry to disagree but wasn't salvors choice, was it? i thought it was political pressure from knowledgable people such as Ms Legova (Loyola de P.... sister of spain's foreign minister & eu transport commissioner)


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Re: Without starting a debate

Yes .... but also salvor has obligations ......

the whole thing was a mess from the start and then stupid politicians got involved and that put the seal on it ...

<hr width=100% size=1>Nigel ...
So WHAT does the EU really stand for ????/forums/images/icons/cool.gif
 
Re: Without starting a debate

I could never be accused of calling it that ..... I would have to choose more diplomatic words !!!!

Yep - rust-bucket ....

<hr width=100% size=1>Nigel ...
So WHAT does the EU really stand for ????/forums/images/icons/cool.gif
 
Re: Without starting a debate

This reminds me of the Erika sinking a few years earlier. The captain realizing he had a problem wanted to put into St Nazaire. The harbour authorities refused him access and instead he was sent out into an approaching F10 storm. It sank but he was the one who was stuck in a French prison.

John

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Re: Without starting a debate

The French were very lucky with the Erika? She sank in shallow water which allowed them to pump her oil tanks out relatively easily.

One wonders at the EU reaction to the rust bucket sinking off Galicia and the Loctudy incident? But fishermen are in a dying industry although most would hope not literally?

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Re: Without starting a debate

It appears to me to be totally inequitable that there can be loss caused by culpable conduct by a third party which is unrecoverable. Surely there should be some sort of recourse perhaps by suing the owners? This of course raises the question as to whether they've got enough dosh to cover damages .. but perhaps covered under corporate 3rd partly liability insurance?

<hr width=100% size=1>.. whit way roon should it be again ..
 
Re: Without starting a debate

a civil case under maritime law can only be tried in the country the vessel is registered in = fat chance? think that might include a charge of manslaughter ...

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Re: Without starting a debate

Erm so if a panamanian dredger crashed through Hythe pier and the owners wished to raise a civil case for damages due to negligence that would have to be tried in Panama .. withoot wishing tae sound as if I doubt you ... sounds utter bollox to me!

<hr width=100% size=1>.. whit way roon should it be again ..
 
Re: Without starting a debate

nae orra bollox, ye wee skelpie ...

in aug 2002, a french trawler by the name of cistude was rammed and sunk by a norwegian chemical carrier ...

Jean-Yves Barbeau, who survived the sinking, said that even if the guilty vessel were found there was no guarantee that justice would be done. "What this crew did is the worst crime imaginable at sea," he said. "But maritime law is bad. Those responsible for an accident can only be tried in the country where their ship is registered."


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Utter b....

In International waters the Judicial authority is the Flag of the vessel.

In Territorial waters the vessel can be tried by the laws of that territory.... when infringement or act is deemed to be illegal or damaging to that state / property etc. It can actually go further in that a supsect condition ship normally asked to vacate a port, can be fined / tried for its condition and putting at risk that port etc.

QED


<hr width=100% size=1>Nigel ...
So WHAT does the EU really stand for ????/forums/images/icons/cool.gif
 
Re: Utter b....

I think Kim would pull the post if I let that one out !!!!


<hr width=100% size=1>Nigel ...
So WHAT does the EU really stand for ????/forums/images/icons/cool.gif
 
EU ...

If you knew what it will cost me in a few months time when they arrive in the Baltic's - you'd not want to think about it !!!! Idiots out here all think that EU will bring better living, higher salary's, etc. etc. ....... they obviously haven't listened very well to the majority !! Still I suppose we have to find new ways for politicians to earn a 'crust' !!

Yeh my arse !!!!


<hr width=100% size=1>Nigel ...
So WHAT does the EU really stand for ????/forums/images/icons/cool.gif
 
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