Salvage & Towing Flashcards
How did the 1989 Salvage convention came into force?
The Lloyd’s Open Form (LOF) 1980 made provision for a stricken tanker to engage salvage services and guarantee a reward provided that the salvor had
exercised due diligence in attempting to save the marine environment from pollution.
This innovation proved very successful, and the international community was so delighted and impressed that only a few years later the 1989 Salvage Convention came into force, adopting this new LOF idea.
Explain the SCOPIC clause?
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.
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.
Loyds Open Form (LOF) when do we use it?
- 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 preagreed rate or sum.
- Does not need to be on board; the Masters of the vessels involved simply need to expressly agree to its terms before the salvage services commence.
-The form has a boxed front page layout with numbered boxes for information to be entered.
Contains 12 clauses.
Who do Emergency Towing plans apply to?
Under Solas Regulation 3-4, Emergency Towing Procedures apply to:
All Cargo Vessels
All Passenger Vessels
- What would you find in an Emergency Towing Booklet?
- How many copies are you meant to carry onboard?
1.The Emergency Towing Booklet (ETB) should be ship specific and be presented in a clear, concise and ready-to-use format (booklet, plan, poster, etc.)
Comprehensive diagrams and sketches should be available and include the following:
- Assembly and rigging diagrams;
- Towing equipment and strong point locations; and
- Equipment and strong point capacities and safe working loads (SWLs).
- A minimum of three copies should be kept on board and located in:
- The bridge;
- A forecastle space; and
- The ship’s office or cargo control room.
What checks on board the towed vessel or barge need to be carried out before commencing the operation?
The tow should not proceed until a satisfactory inspection of the tow has been carried out by a competent party.
Checks should include:
- Condition of the towing arrangements.
- Condition of the anchoring equipment if fitted. If not fitted some authorities require a temporary anchor to be supplied of an adequate weight.
- Condition of tow including an inspection of the peaks and buoyancy spaces to check for water ingress.
- Watertight integrity of the unit to be towed; obvious signs of damage, especially in the hull and deck plating. Hatchways, ventilators, doors, scuttles, manholes and other openings are closed and sea valves shut.
- Fore and aft drafts, appropriate freeboard for the voyage and no evidence of a list. Generally a slight trim by the stern ensures that the tow is laterally stable when towed.
- Air draft of the tow, appropriate for the voyage and bridge transits.
- Power is available for navigation lights.
- Safe method of boarding available (portable or fixed rungs).
- Emergency tow line rigged.
- Life-saving and fire-fighting appliances are in good condition and in the regulatory number required.
- Cargo, whether it is bulk cargo (within the holds), containers or break bulk cargo can shift causing the barge to capsize and sink and therefore stowage and securing arrangements must be verified as adequate for the intended voyage prior to departure.
- Some bulk cargoes pose a serious hazard, including spoil and certain ore cargoes which are liable to liquefaction e.g. spoil cargoes can contain a high amount of moisture which can assume a liquid state in a seaway and can cause the barge to lose stability, list and even capsize. Reference should be made to the IMO International Maritime Solid Bulk Cargoes (IMSBC Code). When it is suspected that cargoes with high moisture content have been loaded onto a barge advice should be sought.
- If cargo is liable to move e.g. vehicles and timber, the lashing arrangements and sea fastenings should be inspected.
Whats the difference between towing/towage and salvage?
“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.
What are the advantages of Loyds Open Form?
- Agreement can be reached via radio (if witnessed) or other telecoms methods - there is no need for the form to be signed until the salvage services have been completed;
- The agreement is not likely to be disputed;
- LOF is basically a “no-cure, no-pay” agreement;
- English law applies to claims;
- The salvor has a maritime lien in the property salved, even after its sale to another party (e.g. where a salved ship or cargo is sold to try to avoid having to pay salvage charges);
- Salved property can be quickly released on payment of security to the salvor;
- Disputes are referred to arbitration in London, saving legal costs;
- Underwriters’ liability cannot be increased beyond that for total loss (i.e. underwriters will not be liable for “sue and labour” costs where a total loss occurs); and
- Excessive claims by salvors are avoided.
In order to establish a valid claim for a salvage award three conditions must be fulfilled, What are they?
- The property salved must be in danger at the time;
- The service rendered must be voluntary. That means that the salvor must not be under any contractual obligation, or official duty, to render assistance and;
- The service rendered must be wholly or partly successful.
What is a Gob Rope?
Is used by a tug to change the position of the towing position from midships to the aft end of the tug! It’s too prevent the tug from capsizing.
What is a stevedore?
A person employed at a dock to load and unload ships.
