Assassin
Well-Known Member
In a response to Firefly's thread I thought it may be useful to provide a simple and common sense solution to the immigrant issue, please feel free to add, amend, or contradict whatever is said so we can provide a simple and common sense solution to this issue; if we have some legal experts on here then there input would be invaluable, and if we provide a workable solution then hopefully it can be made sticky so it can be downloaded and printed off.
I have based my ideas solely upon the Common Law system of the UK which asks a simple question "what would a normal person do exactly the same circumstances" so those in other jurisdictions having other requirements can add their own amendments for that jurisdiction.
1) If you come across such a vessel then you are required to render assistance, nothing is apparently defined as to what assistance is so I would work on the presumption of saving life comes over and above saving a stricken vessel. I would stand off and try to contact the vessel using VHF while others could prepare, and if they do not respond then I would put out a call to other vessels in the area to come and assist, basically safety in numbers, and then an emergency call to the coastguard to make them aware.
2) Monitor the vessel while standing off, is the vessel listing and obviously taking on water, are their engine/s running or not, is there smoke or an obvious fire aboard, or is there anything apparently wrong with the vessel or people on board. Use your gut instinct and trust it.
3) If they obviously need assistance you can do a couple of things: take your longest rope and tie a couple of fenders to one end of the rope and the other end to a strong towing point on your vessel and if they need a tow you pay your rope out astern until it is at full stretch, if they are sinking or afire then replace your fenders with your tender or liferaft and pay the rope out until it is at full stretch. Make a pass of the craft from bow to stern, or stern to bow while standing off sufficiently to avoid putting yourself, craft or crew in danger, and once well past the bow or stern then heel your craft hard over across their bow or stern so it pulls the rope across their craft so they can grab the fenders for a tow, or grab the liferaft and hold it alongside their craft while they climb aboard.
4) if possible, light up their craft with as much light as you can throw at them as this indicates the area other vessels may be coming to, and it makes it easier for you to see anything untoward, if you pay out a line then ensure someone is with it and anyone with it has a sharp knife with them so they can cut the line if anything untoward happens.
5) If you pay out a line to tow another vessel, or secure a liferaft then inform other vessels by VHF that you have done this and what your intentions are; you are going to tow their vessel ashore, or you have people in the liferaft, that you are going to tow them ashore; and if possible get another vessel to stand to port or starboard and slightly astern of either the towed vessel or liferaft and light them up also as another pair of eyes is additional insurance for you and your vessel.
6) Why stand off? if they have a genuine incident such as a fire, you don't want to be to close as most craft will have flammable materials aboard such as fuel for an engine or gas for cooking, even on sailing vessels and if they go bang you are far enough away to keep your vessel as safe as possible, even if your vessel incurs some battle scars; and if they are sinking they may create sufficient vortices to drag your craft under; and if you are too close they may throw something at your vessel and if that is something hot or flammable then this could sink your vessel. If they do try to board your vessel then you can open your throttles and speed clear while your other crew member cuts the rope and sets their vessel, or your liferaft adrift.
These are my suggestions; you have rendered assistance, you have put life over property, you have them in a safer scenario that they were, and you haven't had them aboard your vessel and potentially put yourself or your family/crew or vessel in danger.
I have based my ideas solely upon the Common Law system of the UK which asks a simple question "what would a normal person do exactly the same circumstances" so those in other jurisdictions having other requirements can add their own amendments for that jurisdiction.
1) If you come across such a vessel then you are required to render assistance, nothing is apparently defined as to what assistance is so I would work on the presumption of saving life comes over and above saving a stricken vessel. I would stand off and try to contact the vessel using VHF while others could prepare, and if they do not respond then I would put out a call to other vessels in the area to come and assist, basically safety in numbers, and then an emergency call to the coastguard to make them aware.
2) Monitor the vessel while standing off, is the vessel listing and obviously taking on water, are their engine/s running or not, is there smoke or an obvious fire aboard, or is there anything apparently wrong with the vessel or people on board. Use your gut instinct and trust it.
3) If they obviously need assistance you can do a couple of things: take your longest rope and tie a couple of fenders to one end of the rope and the other end to a strong towing point on your vessel and if they need a tow you pay your rope out astern until it is at full stretch, if they are sinking or afire then replace your fenders with your tender or liferaft and pay the rope out until it is at full stretch. Make a pass of the craft from bow to stern, or stern to bow while standing off sufficiently to avoid putting yourself, craft or crew in danger, and once well past the bow or stern then heel your craft hard over across their bow or stern so it pulls the rope across their craft so they can grab the fenders for a tow, or grab the liferaft and hold it alongside their craft while they climb aboard.
4) if possible, light up their craft with as much light as you can throw at them as this indicates the area other vessels may be coming to, and it makes it easier for you to see anything untoward, if you pay out a line then ensure someone is with it and anyone with it has a sharp knife with them so they can cut the line if anything untoward happens.
5) If you pay out a line to tow another vessel, or secure a liferaft then inform other vessels by VHF that you have done this and what your intentions are; you are going to tow their vessel ashore, or you have people in the liferaft, that you are going to tow them ashore; and if possible get another vessel to stand to port or starboard and slightly astern of either the towed vessel or liferaft and light them up also as another pair of eyes is additional insurance for you and your vessel.
6) Why stand off? if they have a genuine incident such as a fire, you don't want to be to close as most craft will have flammable materials aboard such as fuel for an engine or gas for cooking, even on sailing vessels and if they go bang you are far enough away to keep your vessel as safe as possible, even if your vessel incurs some battle scars; and if they are sinking they may create sufficient vortices to drag your craft under; and if you are too close they may throw something at your vessel and if that is something hot or flammable then this could sink your vessel. If they do try to board your vessel then you can open your throttles and speed clear while your other crew member cuts the rope and sets their vessel, or your liferaft adrift.
These are my suggestions; you have rendered assistance, you have put life over property, you have them in a safer scenario that they were, and you haven't had them aboard your vessel and potentially put yourself or your family/crew or vessel in danger.
:encouragement: Get that cruise report up ASAP! 
well we made sure to get our Portuguese Residency before we headed off...
