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News Notes No. 3 |
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Marineliens.com
sends our e-newsletter each month to approximately 2,30,000
marine industry professionals.
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News
We are now offering news alerts in addition
to the monthly newsletter. Those who wish to receive
the news alerts should hit “reply”
to this newsletter, and your e-mail address will be
added to the new-alert subscriber list.
Safety Alert
This month in the northern latitudes many
in the recreational arena are busy trying to stay up
with the busy launching and commissioning schedules.
We encourage everyone who has the opportunity to "preach"
a little safety to his or her customers. Coast Guards
and insurance companies often have printed literature
on Safety. Let common sense and courtesy prevail. Commercial
traffic can not maneuver like smaller recreational craft.
Last month, in an editorial on PWC use, we suggested
that perhaps laws governing the use not the waters of
use be looked at. Please check
out the article from the Australian Coast Guard
and give us your feedback. We are happy to forward on
your feedback to those who need to hear it.
Lien perfections
Contractors who work on locally registered
boats have different regulations for collecting outstanding
debts for work performed on smaller vessels. Laws on
nationally registered vessels seem fairly standard worldwide,
but local registered boats often have different rules
in each jurisdiction. Research the rules in your city
or town and discover what will enable you to collect
your outstanding receivables. Many jurisdictions require
a local filing with the township in order to proceed
in the collection process.
Once you have satisfied local requirements, it is logical
to post on the www.marineliens.com
site. Alert the public of your claim, and list the local
jurisdiction where the claim has been perfected. Remember
there is no charge for posting your claim on www.marineliens.com.
Perfection of claim
means that the claimant has taken the required steps
as outlined in his local laws or rules to proceed with
the collection process. If a claimant is unsure about
the perfection of his claim, s/he should contact a local
attorney
Linking
Anyone in the industry
who would like to add their listing to the www.marineliens.com
Resource Pages are welcome. To submit their company information
click here
The resource page is designed to provide the users with
resources on which to rely as they move around the world.
Banner
ads
Anyone wishing to place a banner advertisement
on either the Marineliens.com site or the Monthly News
Letter is encouraged to reach us for a quote at [email protected].
Marineliens appoints P.R, Firm
MarineLiens Ltd. is pleased to announce
that the public relations firm of Hugger Communications
of Portland, Maine, United States, has been contracted
to manage the launching of a formal promotional campaign
for the company. Hugger Communications is a marketing
firm and custom publishing house for companies within
the recreational, trade, and commercial aspects of
the marine industry. Their marketing efforts for MarineLiens.com
will include a comprehensive advertising campaign,
media relations, trade-show and event presence, and
promotional materials.
Hugger Communications was established in 1995 by Ted
Hugger, who formerly directed the marketing efforts
of both WoodenBoat Publications and Gougeon Brothers.
The company’s services range from media buying, advertising
creative, and Web-site development to comprehensive
publishing, print management, marketing consultation,
and public relations. Hugger Communications can be
contacted at 207-780-6527, or by e-mail at [email protected].
Australian Coast Guard put their
lives on the line
Four members of QF1, Coast Guard Southport
in Australia were requested by police to assist a jet-ski
rider who had was having severe difficulties off the
Southport Seaway. Sea and wind conditions were quite
dangerous with 25–30 knot winds and 3–4 meter seas—dangerous
for anybody to be out in such dangerous conditions.
CG1, an 8.5-meter R.I.B headed through the Seaway bar,
but was unable to locate the rider in distress. The
crew returned to the Seaway, where they were signaled
by bystanders on the seawall and directed to the location
of the rider. Once again they returned through the Seaway.
On arrival at the jet ski's location, stranded on the
rocks, they were advised by the rider’s hand signals
that he was safe. CG1 then turned to seaward, and while
proceeding out of the danger zone, it was struck by
a wave that stood the vessel up in the treacherous conditions.
Before it could fully recover, they were hit by a second
huge wave that turned the vessel over.
Two of the crewmembers were thrown clear, while two
others were trapped underneath the vessel in an air
pocket. Conditions in the air pocket quickly deteriorated
with fuel and battery acid contaminating what air was
left. Having been partially overcome with the fumes,
the two trapped crewmembers made their way out from
under the vessel.
Thanks to the assistance of a professional lifeguard
on a jet ski, these members were helped to shore before
the lifeguard's own jet ski was thrown against the rock
wall and totally destroyed—yet another victim of the
sea conditions.
All crewmen suffered severe cuts and bruising, and one
also suffered a dislocated shoulder. One was kept overnight
in a Gold Coast hospital after swallowing contaminated
water. The original jet ski rider escaped with very
minor injuries.
QF7, Coast Guard Redland Bay, was also called upon to
rescue five people during the day. Three had gone sailing
in a 14-foot Hobiecat in 35 knot winds, and two friends
had gone looking for them in a rubber ducky, without
informing anyone of their intentions. All five had to
be rescued by Coast Guard Redland Bay.
What happened to these courageous volunteers need not
have happened at all. With
sea conditions as dangerous as they were, why were jet-ski
riders and other recreational boaters out there at all?
They were out to have fun of course, but with little
concern or respect for the conditions. When they, inevitably,
got into trouble, they then expected help to be available.
Help was available, but at
what cost to property and the well being of these courageous
volunteers?
Prop Guards
We received several responses from our readers
on the topic of prop guards, featured in last month’s
issue. The overall attitude was that prop guards are
seen as generally useful and practical for all of the
logical reasons. However, how would you respond if prop
guards became mandatory for use on all vessels?
Rescue at sea / U.S. Navy
WASHINGTON (USTCNS)—It was business as usual
as USNS Sioux steamed off the coast of Guatemala heading
toward the Panama Canal. Suddenly the third mate suddenly
spotted something unusual. "'Eagle Eye' Robert Campbell
spotted a small fishing boat and what he thought were
two people waving a flag," said Captain Brad Smith,
master of the fleet ocean tug. "We pulled up alongside,
and sure enough they had no propellers on either outboard."
Chief Mate Dave Bradshaw climbed down a Jacob's ladder,
boarded the small boat, and checked to see if it could
be fixed. The two stranded individuals aboard did not
speak much English, and they had been drifting for about
seven days. "My officer-in-charge, ITC (chief petty
officer) Christopher Sedillo, USN, was able to communicate
a little," said Captain Smith. "They had fuel, some
rainwater they had collected and a compass, but lost
both screws over the side."
Based on limited communication, the crew aboard Sioux
pieced together what might have occurred. "From what
we can understand, the screws got caught in their nets
and broke the shear pins," said Captain Smith. "They
thought they were only six miles or so off the coast.
Their eyes got pretty big when I showed them where they
were-about 200 miles offshore." The two men had rigged
a temporary sail, but it was actually taking them further
out into the ocean. "If someone didn't run across them
soon they would have been goners," said Captain Smith.
"Needless to say, we had two very happy campers on board!"
Once everyone was safely aboard, Captain Smith contacted
Commander Task Force 40 and the Pacific Fleet. "All
seemed to be on board with dropping them off at the
nearest port. I had to let them point to the their port
on the chart—we were near the El Savaldor/Guatemala
border—before I could nail down where I was heading
and call back CTF 40 with the plan," said Captain Smith.
"I was hoping to get permission from CTF 40 to head
for Porto San Jose, Guatemala, which is where the rescued
fishermen indicated would be a good drop off."
By the time Captain Smith was able to reach CTF 40,
Sioux's crew had already used its 10-ton crane to lift
the small boat onto Sioux's deck. Captain Smith was
ready to take the rescued passengers back to their homeport,
but the captain was instructed to bring the rescued
men back to Panama. The ship that Sioux was supposed
to tow was scheduled to arrive early. Once in Panama,
the Panamanian National Maritime Service, in coordination
with the U.S. naval attaché, coordinated the offload
of the rescued passengers and their small fishing boat.
Sioux is currently towing a deactivated naval vessel
to San Diego, Calif.
Maritime liens on vessels as per
Turkish law
by Dr. M. Fehmi Ulgener
Claims allowing a right
of lien on the vessel, as listed in Section 1235 of
the TTK, are as follows:
-
If
a vessel will be sold through official public
auction, all expenses, other than those for the
expenses for public auction, which are arising
from watching and keeping well the vessel;
-
All
port dues and especially expenses for buoys, lighthouse,
quarantine;
-
All
claims of the crewmembers arising from the contract
of employment;
-
All claims and expenses arising from pilot facilities
and salvage operations;
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All contributions for the vessel
regarding general average;
-
All claims arising from borrowing
money (contracts of credit) performed by the master
of the vessel, in ports other than the port of
registry in cases of special need, also including
all unpaid material delivered to the vessel without
borrowing money in cases for need and limited
to those need, for repair of the vessel or for
completion of the voyage;
-
Even in cases where there are
owner and carrier different persons, all claims
arising from non delivery of the cargo or cargo
damage and all claims arising from (total or partial)
the non-performance of the contracts of affreightment;
-
All claims arising from (total
or partial) non-performance of the obligations
either committed by the master using his power
of act on behalf of the owner (Article 948 / 1-1)
or by the owner himself (Article 948 / 1-2), which
are standing off the limits of the above mentioned
claims;
-
All claims arising from the
neglect of the crewmembers. (Article 947, 948
/ 1-3) ,
-
All claims arising from the
Social Security Commitments of the owner. (Social
Security Premiums, etc.)
The term "lien"
as used here differs from its use in English law, where
it provides a special right allowing the claimant to
sell the vessel at auction through enforcement via a
special procedure, in addition to the right to prevent
the vessel from sailing.
It is important to draw attention to the fact that outstandings
in relation to parts and provisions, such as spares,
bunkers or oil, delivered to a vessel at a port other
than the port of registry have a potential for creating
a maritime lien on the vessel as per TTK.art.1235/6.
The general rule for this is that the purchase should
have a nature of absolute necessity either for completion
of the voyage or for maintenance of the vessel. According
to recent court of appeal awards, the “necessity” issue
has become well settled. The claimants should prove
that the purchase of the part or provisions was necessary
in order to enable the vessel to complete the particular
voyage or there was urgent need in order to maintain
the vessel properly. For example, if the vessel lost
her anchor on a voyage, purchase of a new one during
the course of the voyage represents an absolute necessity.
There are specific rules in respect of the relation
of maritime liens to each other:
- The lien standing on the top of the list (If a vessel
is sold through official public auction, all expenses,
other than those for the expenses for public auction,
which arise from watching and safeguarding the vessel)
have an absolute priority.
- The lien standing at the end of the list (All claims
arising from the Social Security Commitments of the
owner.) has the least priority.
- The liens between 2 and 9, if they are in relation
to different voyages, the claims arising during latter
voyages will have priority over former claims. If those
liens are in relation to a single voyage, the list also
represents the degree of priority of those claims, ie
lien number 2 has a priority on number three, this over
number four, etc.
Dr.M.Fehmi Ülgener
-ÜLGENER LAW OFFICE / LEGAL CONSULTANTS
-Denizciler Is Merkezi,
A Blok, Fahrettin Kerim Gökay Cd,
Altunizade,
81190, Istanbul, Turkey
+90 216 391 71 91 Tel Pbx, +90 216 391 72 27 Fax,
[email protected]
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