The Rolled Boat - The Aftermath

[gcbfc]

I just took Monroe over to South Stradbroke to check his boat on the beach. He managed to get a few bits and pieces that the vultures have not taken.

These are posted with his permission.

[gcbfc]

More of the tower

[gcbfc]

More

[gcbfc]

More

[gcbfc]

More

[mackmauler]

a landy has never looked so good up against a blackwatch, the ocean can certainly make a mess of boats!

[Dug]

OUCH! that is a sad sight. No one was hurt I hope?

[Fishinmishin]

:'( :'( [smiley=bigcry.gif] [smiley=bigcry.gif] :'( :'(

[Barrymundi]

How much was stripped ?

Any chance of a picture before this to see how she was ?

Al

[Brooksy]

Bouncing ass up on the sand definitely makes a mess of them. At least it was insured.

[ba229]

a landy has never looked so good up against a blackwatch, the ocean can certainly make a mess of boats!

lmao. first thought was.... robs turned up to have a look too. ;D ;D ;D ;D ;D

[Smithy]

Well guys keep an eye out for a heap of Pakulas, Furuno Electronics, Reelax Outrigger Bases, Chair etc, Tiagras and Ian Miller Rods in cash converters, e-bay etc., etc., or if you are offered stuff behind a pub etc., etc. If you hear of anything please let us know. It is probably out of our hands now as I expect all this stuff becomes the property of the insurance company once the claim is lodged. I am sure they would be glad to track it down as well. The more they have to pay out the more you guys are hit with higher premiums next year. It is more the getting back of personal effects we are after - sunnies, wallets, cameras, keys etc., etc., etc.

[Smithy]

Here she is in all her glory but pre the new clears, Marlin board mods, Reelax chair and Furuno Navnets which were unfortunately new and not insured.

[Barrymundi]

thanks for the before picture

Al

[mackmauler]

Smithy, that pic brings back some great memories for me, the vacant block behind the tower was where grandpa lived till his end a few years ago, they have a painting of the creek that used to run in through the mangroves on that beach, muddies on your front door!

[Smithy]

Here is one Wayne had on the Marlin Bar extra to the shots above.

[Smithy]

Oh yeh. Latest update is I had x-rays yesterday and have 5 broken ribs. No wonder I have felt so bloody sore. CT Scan when I first went to hospital didn't pick it up. Report even says in black and white - no fractures. Lucky my sister is a radiographer and insisted I have the x-rays at her work.

This is from the afternoon before Wayne took the boys up. See Monroe's ankle is still strapped.

[Smithy]

No explanation needed.

[Smithy]

Again.

[Smithy]

POS (Colorado from here) and Monroe.

[Smithy]

This is what caused a lot of damage to the boat and to whatever gear was left inside by the vultures once it hit the beach - sand washing up inside of it.

[Smithy]

This is what you guys who have expressed an interest in the hull are up against - major hull damage. #Stringers and bulkheads would all have to be done. #All you will get is the outer mould and even has stress cracks and it might not even be straight. #Buying it off Club Marine (that is who you will need to track down) for even $2 is setting yourself up for a labour of love that is going to take years and you still might not end up with a boat that works. #Why put outboards on it as some other people have suggested? Talk to some of the Bertie owners that have done this.

[jeffo]

sadly it looks like its a hull destinted to be committed to the ground :(

[philip_thomson]

sorry to hear about your 5 broken ribs smithy. they sure can be painful. hope you make a speedy recovery.

cheers Phil

[wessel]

A painful sight to see a boat like that all smashed to pieces. Insult to injury is them vultures that always seem to help themselves to the misfortune of others. I can not stand the bas"&ards.......

[blaze]

isnt the rule of the seas that

any vessel abandend at sea is open to salvage rights

if this is the case, any thing in the vessel would come under the same rulesand even with the damage to the hull I am surprised it has not be claimed by the way of SALVAGE RIGHTS. Bearing that in mind, I would stilled be pi**ed if it was mine
Hope the ribs heal quickly smithy
cheers
blaze

[Smithy]

Blaze mate that seems to be a common misconception by a lot of people. The boat and property on it were Monroe's up until the time he lodged a claim with the insurance company. Then it became theirs. It was no different to anchoring it on the beach and going up into the bush and having a wizz. No-one then has the right to go and steal your boat, stuff fixed to the boat or stuff in the boat. We checked this out with the Water Police the other day. That is Qld of course so not sure what happens in other states. People have been stealing from us personally which is a real kick in the guts. Oh my broken ribs. At least my new pills are working much better. If anyone is reading this who has some of the gear you have done the wrong thing no matter what laws of the sea you might think exist. There is no finders, keepers rule.

[blaze]

I smithy, I stand corrected. It would be the same law at least nationwide, probablely world wide. I do hope ya get your gearback
Still be a while before ya get out for a fish with the ribs, they are painful little buggers when broke
cheers
blaze

[subzero]

The concept of marine salvage has been recognized by the law since the times of Byzantine Empire. In modern times, the Salvage Convention of 1910 was adopted by an international panel and ratified by the United States in 1913. The U.S. also adopted a Salvage Act in 1912 to supplement the Convention and address new circumstances.
Unlike land based volunteer acts to save property, the person who saves property at sea is entitled to a reward which is generously computed in light of the fundamental public policy involved. Public policy, to encourage mariners to provide prompt service in emergencies, is to award compensation much greater than the value of the actual labor involved.
The formal requisites of an act of salvage, in a way similar to those required for general average, are the following:
1) there must be a serious peril from which the vessel or property could not have been rescued without the salvor's assistance;
2) the salvor's act must be voluntary (no legal or official duty to render assistance);
3) the act must be successful in saving all or part of the property at risk.
When the property has been abandoned, anyone may become a salvor and if the owner later wants to reclaim his property, he would take it subject to a lien for the salvage claim. The owner in possession of the property, however, does not have to accept an offer of salvage. While the typical act of salvage involves the rescue and tow of a vessel at sea, the range of situations which can constitute salvage is quite broad. Among examples of salvage are the following: the escorting of a distressed ship to a position where aid can be rendered; giving information on how to avoid an obstruction such as an ice floe or to avoid running aground; carrying a message which results in the provision of emergency assistance. In general, it can be said that, so long as a vessel is in danger, almost any voluntary act which contributes to its ultimate safety or rescue may qualify as an act of salvage.
As was noted earlier, certain tests must be met for an act to qualify for salvage. For property to become subject to salvage it must be on the water or on a beach or reef. It was also mentioned that since the act of salvage must be voluntary, a person who is under a duty to provide assistance cannot claim as a salvor. A crew member, for example, would not qualify under any circumstance. The same goes for passengers. Public employees such as firemen or even licensed pilots are not entitled to an award for saving property if it was their duty to do so. On the other hand, a salvage claim is not defeated by the fact that the salving vessel is professionally equipped to render assistance or engage in salvage operations. It should be noted that, while nothing prevents a government from claiming salvage, the U.S. Coast Guard has long provided a rescue service with a traditional policy of not claiming salvage for its rescue efforts.
For what concerns the amount of a salvage award, a court opinion from The Blacwall is often cited:
"Courts of admiralty usually consider the following circumstances as the main ingredients in determining the amount of the award to be decreed for a salvage service:
"(1) The labor expended by the salvors in rendering the salvage service.
"(2) The promptness, skill and energy displayed in rendering the service and saving the property.
"(3) The value of the property employed by the salvors in rendering the service, and the dangers to which such property was exposed.
"(4) The risk incurred by the salvors in securing the property from the impending peril.
"(5) The value of the property saved.
"(6) The degree of danger from which the property was rescued."
The items taken into account in assessing the value of the property are the ship, freight and cargo. The salvage award can never be greater than the value of the salved property and will always be substantially lower except in the case of abandoned or derelict property. Where substantial values are involved, awards tend to be under 20% of the value of the property.
Salvage awards are for salvage of property, not life.The 1912 statute does not provide for awards for the pure salvage of life unaccompanied by salvage of property. Salvors of human life, however, who have taken part in the services rendered on the occasion of the accident giving rise to salvage, are entitled to a fair share of the remuneration awarded to the salvors of the ship, her cargo and accessories. In other words, the trial court will also consider moral as well as economic issues.
There are two types of salvage contracts. One is the agreement in extremis entered into by the master of a vessel in danger under the stress of circumstances. The second type can be entered into by the owner and a professional salvage team after the immediate peril has ceased. The in extremis agreement will be enforced only if the court finds that it has been fairly negotiated and not entered into under duress with the result of an extortionary bargain for the salvor. If the court finds that a form of extortion was attempted, it may reduce the award or forfeit it entirely.
A suit to enforce a maritime lien for salvage can be brought both in rem against the vessel or in personam against any person who may be liable. The trend for the resolution of salvage disputes, however, seems to be arbitration even if extrajudicial resolutions are not necessarily binding on crews of salving vessel.
Any the wiser ??? ;D ;)

[subzero]

Now if you are really interested in salvage and the law, check out this site for far better info.

The International Convention on Salvage 1989
http://www.safesea.com/boating_info/salvage/salcon_89.html

At the end of the day, nothing comes easy or for free
Enjoy the read (yawn)
Cheers Lloyd

[Heath]

Further...

http://www.austlii.edu.au/au/other/dfat/treaties/1998/2.html

??? ??? ??? ??? ???

But as far as I can see, anyone salvaging can demand appropriate compensation and the goods must be abandonded.

( I reckon beaching the boat when busting for a wiz would constitute "abandonded") hehehehe [smiley=bigcry.gif] [smiley=bigcry.gif] [smiley=bigcry.gif] [smiley=bigcry.gif] [smiley=bigcry.gif] [smiley=freak.gif] [smiley=freak.gif] [smiley=freak.gif] [smiley=bigcry.gif] [smiley=bigcry.gif] [smiley=bigcry.gif]

[klyons]

The above couple of posts say it all.
Salvage is to retrieve the vessel and hand it over to the owner/insurer/authorities and you can claim your share. What took place ie people salvaging what they could and taking it home for personal use, is theft.

Kev

[Kerry]

Blaze mate that seems to be a common misconception by a lot of people. #The boat and property on it were Monroe's up until the time he lodged a claim with the insurance company.

I'd reckon someone should ckeck exactly what the salvage laws are as misconceptions on top of misconceptions don't make a right. This boat was abandoned at sea wasn't it? And from the time it was "abandoned" salvage laws can be applied.

Stealing! now that's something quite different and in affect can really be stealing from the person who claims salvage.

Even the simple act of providing assistance to another vessel, one really should know the legality (and implications) of who should throw the line and who should accept the line. #

Salvage is certainly a misunderstood issue. # # #

Cheers, Kerry.

[Derek Bullock]

;D Kerry

[Smithy]

Just relaying what the Police told me. I have their names and badge numbers if you guys want to find out for sure.

[Derek Bullock]

Salvage ??? ??? ???

Why is everyone going on about salvage. Whatever happened to just helping out mates and fellow boaties.

Whoever stole from the boat are nothing short of common thieves and should be locked up.


Derek

[blaze]

Hi Derek
I bought up the topic, I think it is one of interest and a lot of mis informed boaties out there, so if we are so badly informed/aware, what of the general public . So maybe if some of the people that removed some of the gear may now return it.
cheers
blaze

[PinHead]

I doubt that International Conventions on salvage rights would mean jack inside territorial waters...I think the seas they arefer to are the high seas..being non territorial waters. I think the State or federal Govt would have regulalations in place for these applications...PLUS..insurance companies are not stupid..they would have it all covered. For the people that took the gear from the boat...they are not salvors..they are parasites...common low life bums capitalising on someone elses misfortune...petty thieves..plain and simple..thieves.

[baldyhead]

I agree with you Derek & Pinhead, what did happen to helping out people in distress ? Anyone thinking of salvage is an opportunist and should be spat on!

[Derek Bullock]

Pinhead

Australia became a signatory to the International Convention on Salvage on 8 January 1998 with the exception of Article 30.1(a), (b) and (d). and they refer to inland waterways.

Just so you are aware the definition of salvage under the convention is:

(a) "Salvage operation" means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.

Its got nothing to do with high seas or territorial waters.


Derek

[Kerry]

There obviously a few that are confused with what constitutes salvage and how even the most well meaning offer of help can become a legal binding nightmare.

So lets separate what might be deemed a stealing issue (only subjective at this stage without proof) and then we can either sort the BS out from the crap with salvage or let some of you you lot go on believing in the tooth fairy.

Cheers, Kerry.

[aido]

a few years ago, i had trouble pulling the pick at myora light.
soon saw why, up came an old chart (paper) recorder type sounder.
huge bloody thing with a piece of helmwork still attached.
took it home to clean the barnicles off and see what i had, which
went into the otto thereafter.
was that stealing or salvaging then?

[Sportfish_5]

Some info on the link below - This definition of salvage is critical especially with these companies like seatow in the US. Have read a few posts in the US where they were asked to come and help a boat under one of their contracts and the owner got a huge bill as it was classified a salvage operation. I think there is one of these companies on the Gold Coast now ???

Those people on the beach were stealing as far as I am concerned.

http://www.boatingwa.com.au/fesa/salvage.htm

[webby]

Though you were the tooth fairy ???