Swing mooring maintenance - who's responsibility?

[rogerroger]

Swing mooring maintenance - who\'s responsibility?

I have a swing mooring in Chichester Harbour rented from the Harbour Conservancy for around £1,000 per year.

In the renewal blurb I got for this year it states that mooring "licencees" are

"responsible for the care and maintenance of any mooring licenced to them. Mooring equipment is to be checked annually to ensure that it remains in good and safe state of repair and is fit for purpose. Failure to do so may result in the licence being revoked"

This vexes me as;
1) I pay them for the mooring - surely they are legally bound to ensure that what they provide is fit for purpose

2) I do computers and stuff for a living not moorings - how can I be qualified to make a judgment as to what's safe and what's not?

3) How can I inspect the under side of the mooring, the chain to the seabed and its attachment?

All seems odd to me.

/forums/images/icons/cool.gif Roger Holden /forums/images/icons/cool.gif
<A target="_blank" HREF=http://myboatdetails.com/firstmagnitude>First Magnitude</A>

 

[iangrant]

Re: Swing mooring maintenance - who\'s responsibility?

Roger - talk to Sid Kennet - He's the man to talk to - He will either be in his office in South Street Emsworth, or in the Blue Bell next door - Friday nights a running certainty (er - me too). He's the guy with the really loud laugh..

Ian

 

[charles_reed]

Re: Swing mooring maintenance - who\'s responsibility?

Well, until they put the clause in your licence they were - now they've very craftily wriggled out of it.

£1000 (about 80% of what one pays for a pontoon berth in S France) sounds a bit steep for ground-rent alone, which is what you pay most local/harbour authorities.

If you didn't have it in last year you could try refusing to accept the condition on the grounds that it was inequitable, unilateral and un-negotiated.

The most significant and critical effect is on your insurance policy - you could, if you do nothing about it, find yourself effectively un-insured.

If you intend to have a 3rd party check the mooring for you (probably your best course of action) I would suggest you confirm their acceptability to your insurers. Usually the inspection is carried out by a scuba diver and costs about £25-40.

You might well find that to keep insurers happy you have to renew the riser every 2 years and lift and make good the mooring every 5 years. It all depends on insurers claims experience in Chichester.
In some harbours, such as the Dyfi, moorings have to be lifted and checked every season.That worked out at £180 and was very reasonable - repairs and replacements were extra, but the chain/swivel replacement used to cost about £140 with about £100 for the buoys and another £120 for the two spade anchors at the end of the ground chain.

 

[rogerroger]

Re: Swing mooring maintenance - who\'s responsibili

who is he ?

/forums/images/icons/cool.gif Roger Holden /forums/images/icons/cool.gif
<A target="_blank" HREF=http://myboatdetails.com/firstmagnitude>First Magnitude</A>

 

[PaulAG]

Re: Swing mooring maintenance - who\'s responsibility?

I also have a swinging mooring in Chichester, in Bosham Pool north of the Quay, but I merely rent the site of the mooring from Chi. Hbr. Conservancy, and therefore I am responsible for the state of the mooring.
As I remember, Mike McGrail (Bosham QuayMaster) commented after the hurricane that those moorings that were lifted for inspection earlier that year (i.e. the mooring lump as well as the chain etc.), were actually the ones 'towed ashore' by their attached boats, but those not so lifted did not move. Chi. Hrbr Cons. in their literature about moorings strongly suggest that a mooring does not attain full resistance unless it is buried in the mud - quite logical really. Therefore there is a risk in lifting the lump for inspection!
My own mooring is a C3 mooring that exposes at low tide and therefore I can inspect the chains fairly easily. Mike McGrail if you are near Bosham, is quite willing to inspect the mooring, but at his convenience as he has many Bosham Manor moorings to inspect before the season starts.
Personally, I think Chi. Hrbr Conservancy should be the ones to inspect the mooring and refurbish if necessary, since they rent it to you and that includes all the tackle!! At £1,000 p.a. I think that is the least they can do for that exorbitant sum!

PaulAG

 

[chriscallender]

Re: Swing mooring maintenance - who\'s responsibility?

Wow - £1000 and its still your responsibility to maintain it!

I can see that they might have a clause saying that although they maintained it, they would not take responsibility for it failing in a storm, but saying that you have to keep it in a good state of repair is unbelievable given what they are charging.

 

[iangrant]

Re: Swing mooring maintenance - who\'s responsibili

He is the HM in Emsworth, he maintains the Emsworth Moorings an does the free ferry service to the moorings +/- HW in the summer,

Ian

 

[Guest]

True tale involving just this situation ..

A boat I surveyed some years ago carried away on a South Coast Harbour mooring due to the swivel and riding chain failing. The boat was a CTL .... Constructive Total Loss.

A claim was duly lodged by the boat owner. The claim was thrown out for :

a) Harbour Master and staff not resonsible for upkeep - similar as your Chich. wording.
b) As he was visiting the mooring on renters approval, he was not cited as responsible for mooring state - BUT the statement was made that he should have checked suitability of the mooring BEFORE committing his boat to it. (Note that this was a fully afloat deep swinging mooring for boats 2 size classes UP from his !)
c) He was advised to claim on the actual named rentee - with possibility that they should cover the loss - the actual rentee declined to confirm he had given permission to moor.

Result - a long friendship broken, a lost boat with no insurance pay-out, Harbour Master sitting smug and warm without consequence.

What can you say ????

Nigel ...
Bilge Keelers get up further ! I only came - cos they said there was FREE Guinness !

 

[Guest]

Comment .... at that price ?

Find somewhere else that gives full service for such a high mooring price .... or find better at cheaper price.

Nigel ...
Bilge Keelers get up further ! I only came - cos they said there was FREE Guinness !

 

[LadyInBed]

Re: Swing mooring maintenance - who\'s responsibility?

I used to have an RDYC swinging mooring in Portland Harbour maintained by the club. To reduce costs they decided to sell the moorings at a nominal price to the holders. The holders then became responsible for upkeep, all well and good. I’m a diver and can do the maintenance and sleep happy in my bed in a blow knowing the mooring is in good nick.

Then they threw in the catch 22. The moorings had to be maintained and inspected only by a Diving Company approved by the RDYC and we the owners had to pick up the tab!

I voted with my feet.

 

[wooslehunter]

Re: Swing mooring maintenance - who\'s responsibility?

I haven't had a mooring the Chichetser before but just got the papers offering me a half tide mooring.

I checked the documenatation and can't find the paragraphs youo refer to. The conditions I got are printed on a blue sheet and are entitled "Conditions of hire for conservancy maintained moorings".

No-where does it refer to me ahving responsibility to maintain the mooring. Paragraph 7 looks as though the conservancy is responsible since it details that I have to move to enable maintainance to be carried out.

Do we both have the same conditions I ask?

 

[benemly]

Re: Swing mooring maintenance - who\'s responsibility?

Roger, I sopke to Adrian Rowe, the mooring officer at Chi, and if it is one of their morrings they maintain it. The bit about own maintenance is for the people that merely pay to put in their own moorings

 

[VMALLOWS]

Re: Swing mooring maintenance - who\'s responsibility?

I am certain you will find that this inspection requirement relates only to site licences for private moorings on either Conservancy land or Private land.

You clearly have a Conservancy MAINTAINED mooring. Indeed if you read the green 'Conditions of Hire' leaflet, it is quite clear that you may be required to move temporarily while the (usually bi-annual) inspection takes place. (They will move the boat for you). Also, you must report any defects which you do happen to observe (usually in the top-chain/swivel.) I have done this on several occaisons over the years, and the problem is fixed very promptly indeed.

I have watched the inspection process in the past and it appears very thorough with the maintenance barge lifting each mooring in turn until the until riser/ground-chain can be inspected.

What HAS changed this year is that Third-Party insurance for the boat is now compulsory ---- wasn't previously.

<P ID="edit"><FONT SIZE=-1>Edited by VMALLOWS on 06/02/2003 22:06 (server time).</FONT></P>

 

[rogerroger]

Re: Swing mooring maintenance - who\'s responsibili

Thanks for that - yes it is one of theirs - I was reading this from the annual "magazine" rather than the actual contract so I've obviously misunderstood. I'd better read the contract sometime!



/forums/images/icons/cool.gif Roger Holden /forums/images/icons/cool.gif
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