what are the salvage rights when a boat is in distress?

Question

My understanding is that salvage rights may earned through maritine law by who throws and accepts the rope when a boat is in distress. Am not sure whether the boat in distress should throw the rope or accept the rope to avoid the possibility of loosing their vessel after rescue. Which way around is it??

Answer 1

+ Here goes, If you are available for assistance in any waters and refuse to help you are liable unless it would also endanger you and your vessel. If you are in need of assistance in any waters and do not accept and life is threatened you are liable. If you give assistance you are eligible for re-reimbursement and maybe more in salvage. You may negotiate if you help a vessel after it is no longer in a life threatening situation like letting your line go after you have it a mile or two from " the rocks".
You must assist people in the water or in danger of death or injury if you can without endangering yourself and your crew.
Get the point? help if you can. Get money later. Your help can be just using your radio to call for a he-lo from the CG. If you have a line and you throw it to an unpowered ship it may do no good if your boat is only 12 foot long with a 5 hp engine and the ship is 300' long, and 10,000 ton capacity.

Answer 2

That is correct.
If a boat is in distress, and another ship comes to rescue it, tradition has it salvage rights were determined by who threw the rope.

-If you are in distress, and YOU throw the rope, then you give up the rights to the ship and its property. (Because you throwing a rope means you're asking for help)

-If you are in distress, and THEY throw the rope, then you do not lose rights to your ship and its property. (Because them throwing the rope means they are offering you help)

It gets messy after that. There are a lot of rules and stipulations about how much and of what, when it's negotiated, where and when the rope is thrown, etc., all has to do with the kind of emergency, how much things are worth, and whose property it is.

UPDATE: Having read other people's responses I'd like to clarify that these are the understood code of salvage created a long time ago and are now outdated. My answer is only to the question of who has rights in relation to who throws the rope, it is not a comprehensive summery of international nautical law. Though, as a point of interest, many modern maritime workers still have to swear away their rights to salvage, as the rules still apply.

Answer 3

Depends on where you are. The (unwritten) Law of the Sea says that anyone who is able must go to the help of anyone in distress. Then, I believe, if someone offers you a tow you ought to discuss terms first, though that rarely happens except where the rescuer is a "professional" whose livelihood it is to do this.

That's why ships' masters usually have to get their owners' consent to accepting an expensive salvage contract from a tug.
There have been some disasters with lives lost because of the ship dithering over whether to accept a salvage contract.
As I understand it now, in UK waters the MCA (Coastguard) can now insist that a ship takes a tow if they consider the danger is great enough, like it or not.
Normal practice, for you and me, is that I'd help you without question if you're in trouble, just as I'd hope someone would help me if I needed it.
If you want the full nitty-gritty, I'd suggest you talk to an Admiralty lawyer.

Answer 4

In UK waters the law was changed after the Penlee Lifeboat, thee Solomon Browne, Disaster of 19th December 1981. The lifeboat was launched into Hurricane force winds and 18 meter seas to attempt to rescue the crew of the Union Star. The Union Star was on its maiden voyage when sea water got into the fuel and stopped the engines. The master of the Union Star refused an early offer of assistance from a Dutch Tug in the area because of the salvage terms. There was no obligation to accept the offer or terms. Now the UK coast guard (The MCA) can insist on a vessel accepting assistance if there is life at risk. Its a real shame that it took 16 lives to make this change

Answer 5

I think the salvage law is pretty much a pipe dream, if it were true, coast guards all over the world would own lots of boats from other places. It is required BY LAW, that you MUST render assistance to any vessel in DISTRESS, as long as you do not have to endanger yourself. I've responded to distress calls with my boat, I've plucked people out of the water, they are usually very frightened, grateful, and cold, NOW YOU'RE GOING TO TAKE THEIR BOAT ? as a young sailor, I was always taught "NEVER, EVER LEAVE ANYONE IN DISTRESS, EVER" some day that might be YOU. I always stop to help, and I was taught to NEVER ACCEPT MONEY FOR IT. I guess I'm just "OLD SCHOOL" but, I believe I was taught by THE BEST !

Answer 6

Boat Salvage Uk

Answer 7

If there is still a crew on the boat these rules do not apply. Today the only salvage right is if you find a boat adrift with no crew in NEUTRAL waters, then it's yours. If the boat is inside the patrol zone of the navy of the country to which it is registered then like a car parked and left in the street to take it is still theft. I do not believe this applies in waters belonging to a country with no record of who owns it though.

Answer 8

i thought it was more to do with if the crew had abandoned the boat, salvage should not really come in to rescuing any one at sea the last thing anyone wants is an argument about salvage why u are sinking

Answer 9

you are better off throwing the rope to the towing or helping boat.if they make a salvage claim its important that you handed them the rope.

Answer 10

Common sense says that if you throw them the rope you agree to help. If they throw you the rope their at your mercy. But it shouldn't be ether. If a person was in trouble, say it was you, wouldn't you appreciate someones help.