What factors should be considered when deciding what is, or is not, a place of safety?

(1) The repair facilities;Β 

(2) the possibility of safely discharging and storing cargo and of forwarding it to its destination; (3) the danger of deterioration of the cargo in the place; (4) whether the place is the most suitable place at which the vessel can be repaired, with regard to nearness, convenience, cheapness and facilities; and (5) whether the vessel is capable of manoeuvring under her own power or not, and whether, therefore, she could still be regarded as being in a position of danger even though moored in a “safe port”. Taking these factors into account, it may be necessary for the ship to be towed past ports at which she could lie in safety. Courts and arbitrators tend to consider that unless a vessel is at a port or place where she can effect the repairs necessary for the safe continuation of the voyage, she cannot be considered to be in a “place of safety” as far as completion of the salvage service is concerned. The master should not, therefore, release a salving vessel until his ship is in a place of safety or a port named in the LOF.


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