Would you claim salvage?

[Tidewaiter2]

Quite right too.

+1

 

[GrahamM376]

As others have said, I don't think a casual tow counts as salvage anyway.

Extracts from RYA publication The Yachtsman's Lawyer. by Edmund Whelan Barrister.

The service must be performed in tidal waters and not within a harbour authority's area of jurisdiction.

The vessel involved or someone on it must be in real danger

Small boat owners should realise that it can be salvage to set in motion the steps to bring help to a boat or (just possibly) coming alongside and giving advice or information, which would enable it to avoid a local danger. No doubt, the common advice to yachtsmen to use their own warps when taking a tow is, in part, based on the fact that it has been held a valid salvage service to supply tackle to a vessel in need of it. The salvor need not do anything as dramatic as putting out a fire or manning the pumps. Salvage services include towing, pilotage, navigating or, standing by a boat. Taking off any equipment or taking a passenger ashore could also be salvage.

There's far too much text on the subject to copy the lot but, my understanding is that if your engine breaks down on a nice calm day, in depths where you can safely anchor, you're not in danger. Any tow therefore would be "towage" not "salvage".

 

[prv]

“I’ve talked to everybody about this, and nobody, nobody, knows what these guys can do,” Canavan said.
“The laws need to be changed,” Jacoboni said.

They let a commercial salvage company perform some substantial works on their 120-foot vessel:

Canavan and his engineer accepted their help to dive under the boat and help patch the hole, and then at high-tide the next morning, to pull them off the sandbar.

without ever thinking to ask what it would cost?

"After 30 years as a captain, I should have known better," Canavan said. [my emphasis]

Damn right. What sort of captain (they introduce him as "Capt. Paul Canavan") is this that has never even heard of salvage?

Airline captain, perhaps?

Pete

 

[fisherman]

I remember a yacht asking for a tow, only because he was unable to make progress, and saying he was in no danger and was worried about salvage. The FV skipper said "You don't need to worry, we don't do that sort of thing" but I've often thought it would need saying over the VHF for the CG to log so no mind changing could take place.

 

[nauticalnomad]

...if you were in a position to tow in a stricken leisure vessel?

Or would you do it - no matter the inconvenience to your own passage - out of altruism?

For the sake of simplicity, I'd like to confine the poll options to towing in normal leisure sailors in their yachts, mobos, etc, rather than larger commercial vessels, superyachts, professional fishing boats, etc.

If it was me, in my boat sailing accross the ocean and i rescued a supertanker carrying crude oil and i was required to tow the tanker to safety.... Of course me being solo sailing my 45ft yacht, of course id claim salvage rights.......

 

[nimbusgb]

On a sunny sunday afternoon giving a tow to some plonker who has run out of fuel or is really not in immediate danger would draw the minimum salvage charge of a bottle of single malt afaic. If only as a token of thanks, if it was raining and a bit blowy then perhaps a meal for swmbo and I. I'd expect to do the same in return if caught out myself. I wouldn't expect to have negotiate this before hand though.

When you spend your afternoon sorting some other blokes problem out (towing someone in or fixing a broken engine starter switch or something ) and then you don't even get the courtesy of a 'thank you' I'd consider pinning a claim to the binnacle if only to teach them a lesson.

Real offshore 'salvage' operations would be a different story. Attempting salvage could put you in serious harms way ( and would probably invalidate your own insurance! )

Has anyone checked their policy to see if they're covered to tow anything? One may find that one is limited to saving life and limb, not property. If a winch gets ripped out of the deck by a tow ........

 

[NickRobinson]

On the other hand..

........... to tow in a jetski he could at least take the opportunity to invite the owner aboard during the tow and subject him to a little chat... [/QUOTE]


Can I claim to be the only (4t) yacht to have been rescued by a jet ski?

Thanks again, friend, even if you did look a little shocked when I held up the warp and waved at you-

Nick

 

[stuarta]

The laws of salvage are pretty complex and can be broken down into Contractural and Non-contractural. The former requires a Lloyds Open Form to be agreed by both parties (effectively no cure, no pay). Non-contractural (volunteer) salvage requires the salvor to prove that the was real danger when the performance of service commenced.

I suspect, and am far from an expert, that assuming both parties were insured, that the insurance companies would simply end up arguing against each other and costs would quickly rise beyond the cost of the vessel in the first place (assuming it wasn't a superyacht loaded with bullion - the owners would just pay for a tow if it were (Contractural)).

The lawyers would probably make a tidy sum though!

I think for leisure boaters (all varieties) the mantra of "one day it could be me" is worth sticking to.

 

[Talbot]

I have towed lots of times (and been towed a couple as well) without thought of salvage.

I have even towed a couple of boats off the mud.

If the boat is manned, it is just part of being at sea.

If the boat is abandoned in the middle of the ocean - that is a different matter.

 

[Sybarite]

On a sunny sunday afternoon giving a tow to some plonker who has run out of fuel or is really not in immediate danger would draw the minimum salvage charge of a bottle of single malt afaic. If only as a token of thanks, if it was raining and a bit blowy then perhaps a meal for swmbo and I. I'd expect to do the same in return if caught out myself. I wouldn't expect to have negotiate this before hand though.

When you spend your afternoon sorting some other blokes problem out (towing someone in or fixing a broken engine starter switch or something ) and then you don't even get the courtesy of a 'thank you' I'd consider pinning a claim to the binnacle if only to teach them a lesson.

Real offshore 'salvage' operations would be a different story. Attempting salvage could put you in serious harms way ( and would probably invalidate your own insurance! )

Has anyone checked their policy to see if they're covered to tow anything? One may find that one is limited to saving life and limb, not property. If a winch gets ripped out of the deck by a tow ........

Your company may be insuring the other vessel as well and would be very glad you helped.