Are there any Laws that State a Vessel can take Refuge in a Marina for a Storm?

[psneeld]

Originally Posted by davecalvert

We just had a situation, in The Bahamas, where a Marina manager refused to give dockage to a boat trying to seek refuse for a Tropical Storm. The reason for this was, lack of insurance. The boat owners offered to sign a waver and agree to pay for any damage that may be related to their boat. They were still refused dockage. I have heard of the "Any port in a storm" but, is there any laws protecting boat owners who take refuse in public or private properties, to avoid being caught out in a storm?
Dave


Sent from my iPad using Cruisers Sailing Forum

The quote is any 'port" in a storm...not necessarily any "marina" or any other private property in a storm. A city or government owned marina...I don't know a lawyer better answer that one...but if their rules discuss insurance...pretty hard to go against that unless life was in danger (not just property)...the answer there would be "move along" if you are worried.

A private marina can eject to for a lot of reasons and unless you are going to die...taking them to court will cost more in the long run probably. That's one of the number ONE reasons you want insurance...they provide legal pressure to help their position (which hopefully is the same as yours).

[Wattsailing]

We claimed 'Safe Harbour' for a period of 5 weeks some time ago in Australia, when engine failure led us to seek assistance and we were taken, under tow in to a fishing port. There was a marina in the port, but we were tied to a public wharf, not to the marina, but we claimed safe harbor to gain approval to remain at the wharf. We did not, we feel, take advantage of anyone in this - the fishermens co-op allowed us to pay for electricity, and water, but we did not make use of any other amenities. We felt that in making this claim we we simply stating the obvious and accepting maritime kindness! We would not hesitate to do so again, not with a view to 'using' services without paying, but to allow this kind of kindness in the face to difficulty to be accessible to all!

[BostonFlicka]

The IMO has quite a bit of material on their web page...

"Under longstanding maritime tradition and the practice of good seamanship, the master of a ship faced with a serious emergency is expected to seek shelter to avoid disaster. To some extent the practice is codified in the revised Chapter V of SOLAS, which requires that the owner, the charterer or the company operating the ship or any other person, shall not prevent or restrict the master of the ship from taking or executing any decision which, in the master's professional judgement, is necessary for safe navigation and protection of the marine environment."


I think in the end it all comes down to ones best judgemet. Do what it takes to protect life, property and environment.

In the states there are many harbors here in the northeast classified as "harbors of refuge" Edgartown, MA comes to mind. Normally anchoring is limited. Come a big blow and the restrictions will be lifted and the inner harbor will fill up.

[zeehag]

the marinas here take folks into their slips in named weather when a direct hit is predicted.
every one cruising mexico best have liability insurance, as it is required on checking into country. the insurance needs to be with a company having feet in mexico, or is invalid.

as for the dead engine idea here--not if you are a sail boat. you are not endangering life or limb sailing under normal circumstances, so, suckitupbuttercup and pay. yup is how it is.
dunno rules on smelly ones without sails....

[gonesail]

Originally Posted by davecalvert

The insurance requirement is new

liability insurance is cheap. hull insurance is expensive.

[Randyonr3]

A few years ago a situation came up in Montery California where a guy declared "safe harbor" durring a storm.. wrote a letter to Lattitude 38 saying he was refused service to the harbor.. after talking to the harbor master , the truth came out and read something to the effect that he wanted a slip for FREE due to the oncomming storm..
The harbor master welcomed him into the marina but not for FREE.

[zeehag]

why should it be free???

hull insurance is not required for marina slippage. liability is, same with cruising mexico. hull insurance is your own choice. liability insurance is required to check into mexico.

[Jim Cate]

Originally Posted by psneeld

...
as long as your insurance co. can hold down premiums by making people take more vigorous action to save their property...then that's not necessarily a bad thing.

Completely agree! I am really tired of having my premiums jacked up by folks who disregard seamanship, common sense and even self preservation in their operation of their boats.

Grump!

Jim