Maritime Law - is this true?
11-02-2012, 06:12 PM
#11
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It is legal. I had a friend who ran a crewboat an a ship lost propulsion.
He towed the ship away from drifting into a platform until a tug could arrive to take it to port. His company claimed salvage rights and the shipping company had to buy the ship back from them.
If you get stuck aground or something along those lines be careful who hooks to you as the potential for salvage rights exists.
He towed the ship away from drifting into a platform until a tug could arrive to take it to port. His company claimed salvage rights and the shipping company had to buy the ship back from them.
If you get stuck aground or something along those lines be careful who hooks to you as the potential for salvage rights exists.
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11-02-2012, 06:26 PM
#14
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My brother has a 26 Sundancer in Conn that he wasn't able to get hauled in time to beat the storm so he added lines and fenders and hoped for the best. I called him next day and he'd already been to the boat with waders on, chainsaw on shoulder and 870 pump gun in hand. Apparently when these storms rip the boats loose guys take advantage and start stripping the boats. He was expecting to have to cut his way into get to his boat and shoot his way out if necessary. No need...docks and lines held.
11-02-2012, 06:27 PM
#15
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It is legal. I had a friend who ran a crewboat an a ship lost propulsion.
He towed the ship away from drifting into a platform until a tug could arrive to take it to port. His company claimed salvage rights and the shipping company had to buy the ship back from them.
If you get stuck aground or something along those lines be careful who hooks to you as the potential for salvage rights exists.
He towed the ship away from drifting into a platform until a tug could arrive to take it to port. His company claimed salvage rights and the shipping company had to buy the ship back from them.
If you get stuck aground or something along those lines be careful who hooks to you as the potential for salvage rights exists.
11-02-2012, 06:33 PM
#16
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well let me say this legal or not !! .i lose my house to sandy .no power. no heat .no food .no car but the boat floats into the marsh and some scumbag grabs and puts claim to it !! and i see my boat there . were gonna have a big problem !!! legal or not i think theres gotta be a little leeway here for people just going thru a major trajedy
11-02-2012, 06:36 PM
#17
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I'm pretty sure you would need to be in international waters for any maritime law to be in effect. In US water ways US laws would prevail.
Pure salvage
In pure salvage (also called "merit salvage"), there is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in a court which has jurisdiction, and this will award salvage based upon the "merit" of the service and the value of the salvaged property.
Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to the risk of injury and loss or damage to his equipment in order to salvage the property that is in peril. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship, plane, or other sunken property, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying a vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage receive substantially greater salvage award than those performing low order salvage.
In order for a claim to be awarded three requirements must be met: The property must be in peril, the services must be rendered voluntarily (no duty to act), and finally the salvage must be successful in whole or in part.
There are several factors that would be considered by a court in establishing the amount of the salvor’s award. Some of these include the difficulty of the operation, the risk involved to the salvor, the value of the property saved, the degree of danger to which the property was exposed, and the potential environmental impacts. It would be a rare case in which the salvage award would be greater than 50 percent of the value of the property salvaged. More commonly, salvage awards amount to 10 percent to 25 percent of the value of the property.
Private boat owners, to protect themselves from salvage laws in the event of a rescue, would be wise to clarify with their rescuer if the operation is to be considered salvage, or simply assistance towing. If this is not done, the boat owner may be shocked to discover that the rescuer may be eligible for a substantial salvage award, and a lien may be placed on the vessel if it is not paid.
Pure salvage
In pure salvage (also called "merit salvage"), there is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in a court which has jurisdiction, and this will award salvage based upon the "merit" of the service and the value of the salvaged property.
Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to the risk of injury and loss or damage to his equipment in order to salvage the property that is in peril. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship, plane, or other sunken property, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying a vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage receive substantially greater salvage award than those performing low order salvage.
In order for a claim to be awarded three requirements must be met: The property must be in peril, the services must be rendered voluntarily (no duty to act), and finally the salvage must be successful in whole or in part.
There are several factors that would be considered by a court in establishing the amount of the salvor’s award. Some of these include the difficulty of the operation, the risk involved to the salvor, the value of the property saved, the degree of danger to which the property was exposed, and the potential environmental impacts. It would be a rare case in which the salvage award would be greater than 50 percent of the value of the property salvaged. More commonly, salvage awards amount to 10 percent to 25 percent of the value of the property.
Private boat owners, to protect themselves from salvage laws in the event of a rescue, would be wise to clarify with their rescuer if the operation is to be considered salvage, or simply assistance towing. If this is not done, the boat owner may be shocked to discover that the rescuer may be eligible for a substantial salvage award, and a lien may be placed on the vessel if it is not paid.
Last edited by professor_speed; 11-02-2012 at 06:51 PM.
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11-02-2012, 07:03 PM
#19
Salvage law
Google is great (...and I'm sure everything on Al Gore's Internet is fact).
"It" says there are 2 types of salvage. "Pure Salvage" and "Contract Salvage".
“Pure Salvage” is when there is no preexisting agreement between the parties, and there must be a marine peril placing the boat in danger (etc...)
“Contract Salvage”, the salvor acts to save property after entering into an agreement to use “best endeavors” to do so.
Based on what I read, there is no ownership at all. There are salvage awards due. Here's the description:
"Because the circumstances of each salvage case are unique, no specific rule for determining the amount of the award can be given. Salvage awards based on a percentage of the salved vessel’s value should be adjusted so that the salvor is fairly compensated without undue hardship to the vessel owner. It would be a rare case in which the salvage award would be greater than 40 percent of the value of the vessel. More commonly, salvage awards amount to 5 to 25% of the value of the vessel and property salvaged. However, courts recognize that generous salvage awards should be allowed when the value of the salved property justifies an award, to “compensate salvors for services that are frequently performed where the property is so small that adequate remuneration cannot be given without a hardship to the owner.” The Neto, 15 F. 819 (S.D. Fla. 1883)."
SOURCE: http://www.braislaw.com/files/salvage.pdf
"It" says there are 2 types of salvage. "Pure Salvage" and "Contract Salvage".
“Pure Salvage” is when there is no preexisting agreement between the parties, and there must be a marine peril placing the boat in danger (etc...)
“Contract Salvage”, the salvor acts to save property after entering into an agreement to use “best endeavors” to do so.
Based on what I read, there is no ownership at all. There are salvage awards due. Here's the description:
"Because the circumstances of each salvage case are unique, no specific rule for determining the amount of the award can be given. Salvage awards based on a percentage of the salved vessel’s value should be adjusted so that the salvor is fairly compensated without undue hardship to the vessel owner. It would be a rare case in which the salvage award would be greater than 40 percent of the value of the vessel. More commonly, salvage awards amount to 5 to 25% of the value of the vessel and property salvaged. However, courts recognize that generous salvage awards should be allowed when the value of the salved property justifies an award, to “compensate salvors for services that are frequently performed where the property is so small that adequate remuneration cannot be given without a hardship to the owner.” The Neto, 15 F. 819 (S.D. Fla. 1883)."
SOURCE: http://www.braislaw.com/files/salvage.pdf
11-02-2012, 09:31 PM
#20
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Thread Starter
So, if I understand what is being said in regards to salvage. A boat breaks loose and drifts across the bay and is beached, the boat was worth $100 before it drifted away. I lay claim and salvage it, the boat is damaged though. I now turn around and sell the vessel for $50. I get to keep say $12.50 of the $50 I sold it for and the vessel owner gets $37.50 - is that how it works or am I not following what happens? I have no idea about things like this so it is interesting, personally I would look forward to seeing these guys getting arrested for trying this!
