Salvage

Question 1

Difference Towing/Towage Versus Salvage

Answer 1

“Towing” means any operation in connection with the holding, pushing, pulling, moving, escorting or guiding of or standing by the Hirer’s vessel, and the expressions “to tow”, “being towed” and “towage” shall be defined likewise”.
“Towage” may, on the basis of the above definition, be defined as any operation in connection with the holding, pushing, pulling, moving, escorting or guiding of or standing by a hirer’s vessel, in return for fixed remuneration.
“Salvage operation” is any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.
Towage and salvage cannot be performed concurrently. Where, for example, a ship under tow runs aground and requires salvage services, the towage contract must either terminate before the salvage services start, or must be superseded by the salvage services.

Question 2

Salvage concept

Answer 2

“Salvage” is a service rendered by a person who saves or helps to save maritime property in danger.

Question 3

Towing Plan

Answer 3

Solas Regulation 3-4 Emergency towing procedures on ships. Emergency towing procedures on ships
This paragraph applies to
• All passenger ships.
• All Cargo ships.
Ships shall be provided with a ship-specific emergency towing procedure. Such a procedure shall be carried aboard the ship for use in emergency situations and shall be based on existing arrangements and equipment available on board the ship.
The procedure shall include:
• Drawings of fore and aft deck showing possible emergency towing arrangements;
• Inventory of equipment on board that can be used for emergency towing;
• Means and methods of communication; and
• Sample procedures to facilitate the preparation for and conducting of emergency
towing operations.

Question 4

SCOPIC Clause 


Answer 4

The Special Compensation P&I Clause, known as the “Scopic Clause” – is supplementary to any Lloyd’s Open Form Salvage Agreement “No Cure – No Pay” may be invoked at the option of the salvage contractor by written notice on the owners of the vessel being salvaged. (The Scopic Clause is not incorporated into the LOF agreement unless expressly invoked in accordance with the provisions of the clause.)
Determines the method of assessing special compensation. This compensation is payable by the shipowner in cases where the salvor has prevented or minimised damage to the environment, but the value of the salved property is insufficient to provide for a normal salvage award.
Can there be some reward if the salvage is unsuccessful?
Yes. If the scopic clause is invoked. This provides that even if the salvage is unsuccessful but the environmental impact was limited or prevented, then the salvor would still be entitled to remuneration.

Question 5

LOF – current version

Answer 5

Should be used where the ship or marine environment are at risk and the Master has insufficient time to request the owner to arrange salvage services on the basis of a pre- agreed rate or sum.
Does not need to be on board; the Masters of the vessels involved simply needs to expressly agree to its terms before the salvage services commence.
Has a boxed front page layout with numbered boxes for information to be entered. Contains 12 clauses.