Safety vs Money

[nathanlee]

Imagine, if you will, a financially expunged sailor. He doesn't use marinas, because he can't afford them, so he spends his cruising time in anchorages, and a jolly nice time he has too.

One day in an anchorage, the wind shifts and strengthens to a gale, making staying at the anchorage a very dangerous notion indeed. He makes a run for the nearest harbour, and they demand £10, which he doesn't have.

What would happen in this case? Would the harbour be within their rights to demand he left and went back to sea, in a gale?

 

[laurance]

It is a cherished idea that when cannot be denied shelter when in danger but I doubt that the average marina would be ready to waive its fee in upholding this noble custom.
This is one for the lawyers.

 

[sarabande]

it depends, I suppose, if this anonymous financially emaciated sailor were recognised by the marina to have some sort of prominence in the sailing world.

The marina could well say to itself and its publicity manager that they could derive a "corporate responsibility" benefit from offering said FE sailor shelter from the stormy blast, and he or she might then speak in glowing terms (when she or he next writes or posts) of the kindness and cleanliness and security offered by the said marina, and lo !, loads of yachties and moboists would come flocking to experience for themselves the aforementioned kindness, cleanliness and whatever.

That is, in theory, you understand.

 

[RestlessL]

By way of example, the rules for Chichester Harbour allow for yachts sheltering from th weather:

"Harbour dues are payable in respect of all vessels entering, using or leaving the Harbour, marinas or waters adjacent to the Harbour, from which the vessel can be navigated into, according to the scales set out (except vessels which, in the opinion of the Harbour Master, have been compelled by stress of weather to seek shelter in the Harbour and which do not remain in the Harbour longer than sixty hours nor land nor embark passengers). Owners are reminded of their statutory obligation to report their arrival within 24 hours and pay such dues at the Harbour Office, Itchenor or Emsworth."

 

[David_Jersey]

What would happen in this case? Would the harbour be within their rights to demand he left and went back to sea, in a gale?

I beleive it would be a civil matter in so far as they could not physically force you out to sea.

But I suspect probably could later claim the harbour dues through the civil courts - after all you did use their services. In the interim I guess possible that they could chain the boat over a debt (if they followed whatever procedures allow this).

I reckon pre-planning is the key here - remove any SSR no. and have a couple of boat name plates prepared And don't tell 'em your name. Pike

Alternatively say you plan anchoring, in the harbour entrance

 

[bobgoode]

The litigation which might ensue should a harbour force you out to sea in unsuitable conditions do not bear contemplation. They would be ill advised to deny you shelter and I suspect any harbour or berthing master will be a ware of this. That stated it does not absolve you from paying them a reasonable fee, not neccessarily there and then.

Last year in Ramsgate we had been pinned on the pontoon for 3 days with a never-ending force 7 when the HM and Mate asked us to move as that pontoon (which he had previously instructed me to berth on ) was for yachts over 12m. I sated that I was prepared to do so if he was instructing me to move but felt it was unwise as we had all spent the last hour stopping mayhem when 3 Dutch boats hadf sought shelter. A whispered conversation to his mate resulted in the statement that in such damage conditions he felt it was safer to stay put.

 

[Ludd]

harbour dues

Where you're headed,Nathan,you can use small drying harbours(dry against the quays). If you are asked for payment it will not be asum to bring tears to your wallet! You are heading for places where people KNOW about weather!

 

[jonjo]

Owners are reminded of their statutory obligation to report their arrival within 24 hours and pay such dues at the Harbour Office, Itchenor or Emsworth."

I always thought "statutory obligation" meant enshrined in law by Act of Parliament. Did they really debate collection of Chichester Harbour visitor fees in the House of Commons?

 

[oldharry]

I always thought "statutory obligation" meant enshrined in law by Act of Parliament. Did they really debate collection of Chichester Harbour visitor fees in the House of Commons?

As a matter of fact, yes. Chi Harbour is unique in that the Conservancy was set up by Act of Parliament in the early 70's, so the Harbour regulations are effectively statutory. AFAIK its the only place in the country where they are.

 

[TamarMike]

As a matter of fact, yes. Chi Harbour is unique in that the Conservancy was set up by Act of Parliament in the early 70's, so the Harbour regulations are effectively statutory. AFAIK its the only place in the country where they are.

I thought all Harbour Authorities were established by Acts of Parliament?

 

[peter radclyffe]

Imagine, if you will, a financially expunged sailor. He doesn't use marinas, because he can't afford them, so he spends his cruising time in anchorages, and a jolly nice time he has too.

One day in an anchorage, the wind shifts and strengthens to a gale, making staying at the anchorage a very dangerous notion indeed. He makes a run for the nearest harbour, and they demand £10, which he doesn't have.

What would happen in this case? Would the harbour be within their rights to demand he left and went back to sea, in a gale?

name & shame the s..mbags here