The Master’s Responsibility during Salvage Operation

1. Even in a case where a salvage contract has been concluded and the salvager carries out the salvage operation, the Master continuous to be responsible for the persons, hull, outfit and the cargo onboard. Therefore, the Master shall pay great attention to the safe and effective execution of the salvage operation.
2. “No Cure No Pay” is the basic principle of the Lloyd’s Open Form, and it is generally understood that the rescued party shall not interfere with the rescue operation. Therefore, the Master shall be diplomatic and cooperative towards the salvagers, so as to not disadvantage arbitration in the future.
3. If the Master offers his opinion on the salvage operation to the salvagers, it shall be made clear that these are Suggestions only, so that the responsibility is not shifted to him in the future.
4. If the Master according to his professional judgment has to interfere in a salvage operation to safeguard human life, vessel, cargo and the environment he shall offer his protest in writing.

Recording during Salvage Operation

For proper assessment of the salvage awards at the arbitration later, the Master shall record the following items during the salvage operation :

• Weather and Sea conditions, such as Wind, Waves, Tide, Current, Temperature, Sea water Temperature, Atmospheric pressure;
• A salvage operation record book shall be prepared to enter details as Number of Workers (by each job, if possible), Working hours, Details and Movement of Salvage boats and Special Work Boats, Type and Quantity of Main Equipment and Machinery in use, Type and Quantity of Lightened Cargo (if any);
• Protest or comments made (in writing) by the Master
• If the salvager uses the machinery, outfit and equipment of the vessel, this shall be recorded;
• If the hull or cargo has been Damaged or Sacrificed by the Salvager during the operation, a written confirmation shall be obtained from the salvager.

The Master need to investigate and record details of the distress, condition around the vessel, and dangers facing the salvagers during the salvage operation

Report to the Company

The Master shall report the following items to the Company immediately after the completion of the salvage operation as the data to assess whether the operation has been reasonable and carried out effectively or not, in deciding the salvage awards in the future:

• Date, time, Place and Nature of Emergency;
• Method used to request salvage;
• Emergency Measures taken to protect the vessel;
• Continuous record of Sea and Weather conditions during salvage operation;
• Proximity of Coast, Geographical Features around the vessel, the nature of the Seabed, Tidal current, Tidal height and other dangers experienced;
• Availability of Alternative Salvage
• Dates and Times of arrival of the Salvager, Signing of salvage contract and Starting of the salvage operation and Details of salvage vessel(s);
• A description in detail of the salvage operation at each stage, equipment used and methods for use (Enter in time series);
• Details of the Towing from the place of disaster to the port of refuge (Distance, Speed, Required days, Weather, Towing conditions, and so on); and
• The date, Time and Place of Completion of the salvage operation.

Legal assistance - Appointment of Company Solicitor

The Company may appoint a solicitor after an incident involving liability and/or third parties to act on behalf of Owners and Underwriters in order to investigate the incident. If this decision is made, the Master will be immediately notified and given details of the lawyer attending. The ship’s personnel must not discuss the incident with anyone other than the lawyer. In certain countries, a civil authority may be given the responsibility of investigating the incident. In such a circumstance it is in order to discuss the case with the civil authority investigator but, if possible, any discussion is to be delayed until the arrival of the Company’s solicitor.

Communication

Any method of communication may be used when a ship is in peril. Speed is essential and if power supplies are available satellite communications or main radiotelegraphy may be the most rapid way of establishing contract. At short to medium ranges, person to person radiotelephone contact may be the most effective. Governments and coastal state agencies normally require the use of VHF radiotelephony. If main and reserve radio equipment is unavailable, efforts should be made to relay messages through ships or shore stations in the vicinity using, for example, battery powered emergency sets. To obtain priority when transmitting messages by radio to stations or ships within range, the master should use the appropriate prefix signal to indicate that his message concerns distress (SOS, or by voice, MAYDAY), urgency (XXX, or by voice, PAN) or safety (TTT, or by voice, SÉCURITÉ).

In general, all communications should be brief, to the point and, except for those prefixed for distress, where practicable transmitted on working frequencies after communication has been established. This will keep the emergency and calling frequencies clear for other essential communications.

Salvage association

When damage to a vessel occurs which may give rise to a claim, owners have a duty to advise underwriters promptly. The underwriters will contact the Salvage Association, who will in turn instruct a surveyor to attend the vessel. The surveyor's log is to establish the facts surrounding the damage. The Salvage Association is an independent organisation which has representatives all over the world.



Related Information

1. Guideline for salvage of another ship after collision accident


2. In case of damage to anchor and chain when to claim for '' general average"? ....


3. Requirement of towing arrangement in oil tankers, readyness, & training onboard


4. Salvage remunerations - benifits of L.O.F. contract or daily hire basis contract


5. How to deal with a damaged anchor? ....


6. How to recover a lost anchor ? ....


7. What is stranding ? Investigation of possibility of self-refloating and urgency of danger ....


8. What are the emergency procedures for loss of anchor and chain? ....


9. In case of damage to anchor and chain when to claim for '' general average"? ....

Additional Info Pages

1. General Average & The York Antwerp Rules
   The law of General Average is a principle of maritime law whereby all stakeholders in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. It is a unique maritime concept. One of the most ancient aspects of shipping is the general average. When an intentional sacrifice of property is made onboard a ship to avoid a common peril, the law of general average requires all of the parties to the maritime adventure that benefited by the intentional sacrifice to contribute money on a pro-rata basis.


2. P&I Clubs guideline
   The P&I Clubs are correctly called Protection and Indemnity Associations and number around 20 worldwide with the majority being United Kingdom based. The ship owner in taking out insurance with a particular association becomes a member of that Club. The Clubs are mutual in nature, which means that all costs involved in providing cover or paying out a claim to any one member is shared by all members. This is achieved by setting a rating or premium for the owner, known as an “advance call”, and is based on the owner’s history and exposure to risk.


3. Marine cargo insurance underwriters
   Ships operate in a difficult environment and cargo may be lost or damaged during domestic and/or international transit. However, ocean carriers are well protected under the law against responsibility for loss or damage to cargo that might arise during the transportation of goods.


4. P & I Insurance cover and Members of IG club
   At the heart of P and I is the concept of “mutuality”. Shipowners form a nonprofit association to protect and indemnify one another against third party liabilities. Unlike commercial insurance, the insured ship owners, meaning the “members” of the Club, are both the insurer and the insured. Each P and I Club is controlled by its members.


5. Hull & Machinery underwriters
   A hull and machinery underwriter provides insurance coverage for boats, ships, and other naval assets. It gives protection to shipowners against hull, machinery and onboard equipment damages in the event of any perils encountered while on the water, including collision with another vessel, natural obstacles and other structures as well as storms and other natural disasters.


6. Procedure for insurance claim
   A ship is insured against various risks by the Owner taking out different insurance policies. But for many reasons insurance claims often being denied by marine insurance providers. So that a shipowner can prosecute a claim accurately and successfully, the Master needs to send full details and documentation relating to any accidents or incidents resulting in damage to the ship, property, cargo, or personal injury. Nautical Institute publication, “The Mariner’s Role in Collecting Evidence” is a good source of guidance to shipmasters.


7. The role of a insurance broker
   Marine insurance brokers play a significant role in helping companies and individuals procure marine cargo insurance, hull and machinery insurance, P and I cover, and other forms of insurance as the case may be. They are able to canvas the worldwide marine insurance market. The goal is to assist in getting the best terms of insurance cover at the most competitive premium rates.


8. Marine salvage procedures
   Marine salvage contracts fall into two main categories. First, those which enable salvage services to be rendered on the basis that the compensation to be paid to the salvors will be determined after the completion of the services, either by settlement or if the parties cannot agree, then by a court or by an arbitrator


9. Role of shipbrokers
   London and New York have always been viewed as major shipbroking centers. In recent years, many U.S. ship brokerage firms have relocated to offices in Stamford and Greenwich, Connecticut, and nearby communities. Of course, there is a large shipbroking presence in Singapore, Hamburg, as well as other cities.


10. Sale & purchase brokers
    Sale and Purchase Brokers (S and P Brokers) are highly specialized shipbrokers. Their clients are typically ship owners. S and P Brokers serve as intermediaries in the business of selling and buying ships. They assist in the sale and purchase of second-hand tonnage and newbuilding. Their compensation is normally in the form of a commission.

Collecting Information and Data for Passage Planning



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