I certainly am not an expert on salvage rights, but I think if someone were to tow the boat in they would stake a claim on some part of the residual value of the boat. Depending on how difficult the salvage was the award can be either a large or relatively small award. Depends on difficulty of salvage and how well the preserved the boat being salvaged. But I think that any towing company could put a line on it and salvage it. There is something called a Lloyds Open Form, or something like that, that gives the salvor rights to making a claim based on difficulty and residual value.
It was no fun, but having dived on a vessel in Georgia Strait to inspect damage from a log strike I have to wonder why not dive to clear the props in this case? Or perhaps heave to or lie ahull and wait for calmer seas rather than abandon ship? And I certainly get why, if your idea of a tender is 38' you're going to have to tow it, but 38'? And is floating cordage hard to get down under? Who tows a tender with sinking line? I must be missing something, but this set of events as described don't seem to align with a 'professional crew' running the show.Delfin
Thanks for the post. It would be interesting to know if an accomplished diver and necessary gear was onboard.
Star's recent blog detailing travels from Hawaii to Guam and onward related a fishing net that shut them down. One of the crew was an accomplished diver with onboard equipment ready for this type of mid ocean shutdown event. It took awhile but the prop was cleared of the net.
You are on the right track. Here is a decent primer on Salvage Law.
https://www.bluesteinlawoffice.com/maritime-law-articles/salvage/
Bottom line is anyone can put a line on and try to salvage (without a contract). Any succesful salvor can claim a salvage award based on a %age of the value of the vessel salved. LOF is a contract that is commonly used if a Contract for Salvage is agreed upon between the parties.
~A
My question is if the conditions were crappy why was the tender being towed instead of being secured on deck? Surely an 'experienced' crew would know this??
You can ask for a percentage of value, but if little or no risk to the salvage crew or vessel, and just putting a line on and towing to safe port, then the reward may be no more than the current towing rates for that type of job in that part of the world.
Many examples of big rewards for salvage during a stom, then miserly awards for salvage after the storm.
Absolutely, the value of the equipment used in salving; the risk to salvors for engaging in the operation; any damage to salvage vessel or its equip, all weigh in the court's judgement and determination of the eventual salvage award, and as noted if the effort is unsuccessful there is no award. Finally, the award is a percentage of the value of the recovered vessel & its cargo (ie in its state after being salved) and is covered by a standard AIHC/ITC Marine Hull policy.
~A
Open ocean towing happens all the time, so it can be done safely and successfully....Problems like this are almost always an unlikely confluence of events that conspire to create a disaster. That's why we call it an accident. Did they add risk by towing a second boat? Absolutely. But was it ill-considered and not properly equipped? I doubt it. I have no doubt there are lessons to be learned, and hopefully we will come to know enough about this to also gain from it.
There are several towing techniques that can be utilized offshore. Devices such as tow line tension meters, tow vessel to mother ship distance measurement monitoring, cameras and as mentioned by Delfin floating lines. Dual bridle rigging is also a belt and suspenders add on.
The stresses on both boats can be calculated with towing equipment and attachment points designed with appropriated safety factor. I’d guess some TF members with commercial towing knowledge could elaborate further.
QUESTION on towing a relatively large tender. How do you account for difference in waterline length? The N96 will cruise at 11-12 kts. The 36-foot tender wants to cruise at 7.0-7.5 kts. At 10-kts, a 36-footer probably wants to be in the awkward planing transition zone where it throws an enormous bow wake. Secondarily, how do you account for difference in seakeeping ability? A 96-foot Nordhavn can handle extreme conditions. There is virtually no way a 36-footer could be safe in the same conditions. What's the routine?
Peter
TT
You are correct in that we are arm chairing this event. Having had hands on involvement with a variety of industrial accidents it is clear that this incident was not an act of God. Rather it is a combination of unsafe acts and practices. I'd guess the owner will delve into this and insure improvements are instituted, particularly with government rescue and insurance questions likely cropping up.
A well designed 36 footer can handle big seas... big breaking seas might be bad, but not necessarily a grave danger to it based on it's water shedding ability.
As far as speed differential, again the tender if lightly loaded and trimmed properly may not be dragging that much by not producing much of a wave. Many boats have a pronounced transition from displacement to planing both because of design and trim....but not all boats do all the time.
Even if the tender had a bad spot at certain speed (s), the crew was probably aware and avoided it. Of course in larger seas, the mothership may have surged and slowed, thus creating the huge forces in the towline and breaking the towing eye on the tender.
Some here seem to think a 96' towing a 38' tender is unusual. It seems to be routine in a lot of the world. Most of the large motor yachts down in the Bahamas for example, and up the east coast. They do have cover a little closer at hand, but not guaranteed. On those yachts, there is no way to put it onboard. Not something I'd do, but it is routine.