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PILOTAGE
Pilotage
Meaning - the conduct of a vessel by a
pilot
Inward pilotage/outward pilotage/harbour
pilotage
The master of a vessel must not enter,
leave or move within a pilotage port with
the vessel before taking on board the
marine pilot made available by the
pilotage service provider to conduct the
vessel on its movement into the port, out
of the port or within the port
Pilotage
A pilot is the best knowledge of the port;
better equipped with requisite local
knowledge to get the vessel in and out of
port safely.
Where pilotage is compulsory, the pilot is
entitled, and the master is bound to permit
him, to conduct the ship, that is, to take
charge of the navigation of the ship
When the master hands over the conduct
of the vessel to the pilot, the pilot and his
employer (the port/independent
contractor) are legally responsible for his
actions.
The masters right to interfere is restricted
SALVAGE
INTRODUCTION
A unique concept to maritime law.
If a person voluntarily saves the lives and
property of another at sea. He (known as
the salvor) will be entitled to a reward
for their efforts based on English Law .
However, there is no reward for such act
on land.
DEFINITION
SALVAGE:
A legal liability arising out of the fact that
property has been saved and that the owner of
the property , who has had the benefit of the
property being saved, should make remuneration
to those who have conferred the benefit upon
him.
SALVOR:
Seamen and engineers who carry out salvage to
vessels that they do not own, and who are not
members of the vessels original crew.
HISTORY OF SALVAGE
LAW
SALVAGE WITHOUT
A CONTRACT
2.The
Theservice
servicemust
mustbe
bevoluntary
voluntary
2.
Means that no consideration has been given by the
promisee in return for the promisors offer.
The salvage service is not voluntary if it is done due
to a duty owed to the owners of the property saved.
E,g crew of the ship in distress or a pilot on board
are usually unable to claim salvage because their
efforts will be regarded as performance of their
pre-existing duties under their contracts of
employment.
EXCEPTION: the service rendered beyond the
scope of their duties under contract.
If the vessel is abandoned by the master, the
crews duties have been discharged.
The Rene
A vessel rendered assistance but her efforts
produced no success and worsened the
situation.
Two ships collided through the fault of the
salving vessel.
HELD: Salvors claim for salvage reward failed.
CONTRACTual
salvage
CONTRACTUAL SALVAGE
The international
convention on
salvage
SALVAGE AWARD
CALCULATION
i) non-contractual
salvage
2.
3.
The limit for the salvage award is the salved fund (the
salved value of the ship, its cargo and bunkers).
4.
TOWAGE
REFERENCES
Baughen, S. (2012). Shipping Law. UK: Routledge.
n.a. (2012). Shipping Law. Institute of Chartered
Shipbrokers.
Thomas, D.R. (2013). Shipping, Law and the Marine
Environment in the 21st Century: Emerging
Challenges for the Law of the Sea- Legal
Implications and Liabilities. UK: Lawtext Publishing
Limited. Chapter 6: Marine Salvage and the
Environment: Developments, Problems and
Prospects.