3.2. Towing and being towed Flashcards
(a) Explain the legal implications and contractual obligations with reference to the parties involved and the term LOF
LOF 2000 - Lloyds Open Form
SCOPIC - Special Compensation P&I Clause
Legal:
a. Arbitration done in London by Lloyd’s Council.
b. Binding contract for both parties regarding the payment and delivery of vessel to a place of safety.
c. Payment can be settled later, however if the SCOPIC Clause is invoked a guarantee payment must be made within a specified time to ensure salvage of the vessel.
d. There is no need to have a LOF onboard as this agreement can be expressly agreed upon.
e. Contractor agrees to best salvage the ship, cargo, bunkers and stores.
Contractual:
f. LOF 2000 has reduced the contractual section to a single page with seven boxes to be filled in and two boxes for the signatures of the contractors and property owners or representatives.
g. Form has standardized currency of USD unless otherwise specified.
h. Allows for environmental protection by the salvers to ensure they make all possible attempts to reduce or avoid pollution of the environment during salvage operations.
i. Contractors are now obliged to deliver the vessel to a place of safety agreed upon by the ship or its representatives, and not simply a place nominated by the salvers which may not be suitable for the salvage ship. (This was a matter of dispute many times with the old LOF).
Advantages of LOF 2000:
1) Agreement for salvage can be reached telephonically or over the radio, and the forms can be signed once salvage is completed.
2) Agreement is not likely to be disputed as new LOF has simplified the contract to reduce confusion.
3) LOF is no cure no pay.
4) The salver has a maritime lien on the property salvaged, even if it is subsequently sold.
5) The salvage property will be released on payment of security.
6) Disputes are arbitrated in London only, by Lloyds appointed arbitrators.
7) Underwriters liability cannot be increased beyond the value of the salvaged property.
(b) Demonstrate an understanding how remuneration is granted
a. In the event that the salver succeeds in salvaging the vessel, cargo and other property entirely or partially, he has a right to salvage remuneration.
b. The amount of remuneration is decided by taking the following into account:
1) Expenses incurred by the salver. (Main factor)
2) Degree of danger involved.
3) Degree of difficulty involved.
4) Value of all property saved.
5) Skill of the salver in performing his duties.
6) Efforts of the salver to minimize and prevent damage to the environment.
1) Each salvage party shall receive salvage remuneration in proportion to the respective values of property they saved.
(c) Demonstrate an understanding of selection of an appropriate towing vessel
1) Availability of towing vessels in area, and degree of danger the vessel is in.
2) Size of available vessels in the area in relation to the size of your own vessel.
3) Type of assistance your vessel requires and amount of time to reach a place of safety.
4) Certification carried by salvage vessel (ISU Certificate).
Considerations for Selecting Salvage Assistance:
a. Safety of all personnel onboard.
b. Proximity to all navigation hazards.
c. Proximity to shore and possibility of anchoring, with nature of shoreline and seabed.
d. Tidal and sea conditions.
e. Weather and forecasted changes.
f. Availability of assistance and ability to maintain communications.
g. Damage sustained by vessel and risks of further damage.
h. Pollution risks by vessel.
i. Manpower available and materials required.
j. Various ship systems that remain operative and how they can be applied to relieve the situation.
(d) Explain methods by which tows can be connected with and without power
a. Refer to Peril at Sea and Salvage
Connecting Tow with Power:
a. Depending on type of towing to be undertaken, area of damage if any, and number of towing vessels, choose a suitable fairlead.
b. Send messenger line to towing vessel.
c. Attach fibre rope line to messenger and send to towing vessel.
d. Use vessel windlass to heave up towing vessel tow wire, and secure to bitts or Smit Bracket if fitted onboard.
e. Towing vessel may sometimes send one of their crew up to your vessel to assist with rigging the tow, and to explain the proposed action that will be taken by the salvage vessel
Connecting Tow without Power:
Using Vessels Anchor
a. Secure anchor in Hawse Pipe or hang anchor off, and break at the first joining shackle.
b. If suitable the anchor may be jettisoned in lieu of the action taken in (a) above.
c. Attach a fibre rope tail to the cable and release brake to pay out anchor cable through forward Panama Fairlead or Hawse Pipe. The tail will assist the salvage vessel in first getting hold of the cable.
d. Once the towing vessel has a suitable amount of cable to connect to tow, secure cable as well as possible.
Using Towline Only
♣ Pass messenger line from tug through centre fairlead and return to tug via either port or starboard fairlead.
♣ Messenger line is connected to the tow wire and is then heaved up using the tug’s power (tugger winches).
In both cases above you should strive to include a means of quick release if possible, such as the Smit Bracket or securing the cable with a joining shackle in a position where it can be split.
(e) Discuss the precautions to be taken en route and how to avoid chaffing
Precautions:
i. Ensure the correct lights and shapes are displayed by both vessels.
ii. Maintain communications by both vessels at all times.
iii. Transmit Safety (Pan-Pan) Messages to all ships nearby and coastal stations.
iv. Ensure the catenary of the wire remains below the water.
v. Adjust the towline in heavy weather.
vi. Do not allow the catenary of the wire to be long enough for the wire to touch the seabed.
vii. Maintain a good lookout keeping in mind the special circumstances your vessel is experiencing regarding alterations of course and collision avoidance.
viii. Propeller should be secured from rotation, and rudder secured amidships.
ix. Trim of the vessel should be adjusted depending on the type of tow. A stern trim should be adopted for a tow off the bow (1 in 100) and a head trim when towing aft (1 in 80 or 25%).
Chaffing:
1) Grease the fairlead at least twice a watch.
2) Fit padding or canvas sheathing to reduce metal to metal friction.
3) Ensure the towing vessel freshens the tow regularly to prevent wire chaff.
4) Towing vessel to fit a gob wire (preventer) to reduce the movement of the wire across the width of his after deck. Keep in mind this reduces turning ability.
5) Vessel being towed can be fitted with a length of chaffing chain leading over the bow and connected to the tow wire.
(f) Discuss the passage planning for a vessel being towed
- The proposed route must be planned well in advance.
- Adverse weather and current weather must be taken into account, as well as the weather patterns along the intended route.
- The use of favourable currents and tidal streams to increase tow sped and decrease fuel consumption should be considered.
- Due regard must be given to vessel draft in planning deep water routes, and whether ice may be encountered.
- Passage plan should contain tactical plans which are to be discussed with the masters of both vessels, as well as emergency planning.
- Ensure VTS authorities are forewarned if your vessel will transit VTS controlled areas to allow the planning of vessel movements.
