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What Captains and Crews Need to Know About Safety and Responsibility on Yachts

A summary of the legal, insurance, regulatory, and operational insights presented by eight consultants and experts during the workshop organized to celebrate the 30th anniversary of the Marittimi del Diporto Association.

di Joseph Orrù
19 February 2025
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Amadi workshop Genova 2025 (10)

Genoa - Prevention, yes. But being aware of risks and responsibilities is also part of the training and professional background of any yacht crew member.

Starting from this awareness, the Amadi association (Associazione Marittimi del Diporto) organized a workshop in collaboration with SUPER YACHT 24, which included an intense morning of work at Palazzo San Giorgio in Genoa, followed by a visit to the Amico & Co. shipyard and the new moorings built by the shipyard at the Waterfront Marina.

The president of Amadi, Paolo Blaffard, explained how the workshop is "an appointment not only for commanders but also for crews, because they are the ones who carry out the management of the unit in the absence of the commander. We find ourselves in front of a qualified audience and sponsors".

The first part of the session presented the risks, both old and new, encountered in yachting, including emerging risks in the recreational sector related to new technologies, such as electric propulsion, lithium batteries, and new fuels. "Given the increased likelihood of fires associated with higher power flows and the increased likelihood of internal arcing in switchgear," he explained, Alberto Rossi, surveyor of Rina – Inspections will need to be intensified as the electrodynamic stresses on the switchboard busbars are greater, especially at the fastening pins, where loosening leads to increased resistance and, due to the Joule effect, increased heat that could locally melt the nodes and cause a short circuit. Visual inspections of the castings of the busbar fastening pins will need to be intensified, as well as active thermography checks. Furthermore, to increase energy efficiency onboard, we may in the future introduce power factor correction systems on our yachts (which must be carefully monitored; emerging risks associated with electrocution). For lithium batteries, however, monitoring the charge/discharge phases is important. The operating temperature must always be monitored (maintained as per the battery manufacturer's instructions and in any case below 45°C) and the charge between 20 and 90%.

It's also important to ensure that batteries are certified at least in accordance with IEC 62619. Regulations have made progress, with prescriptive regulations from both RINA (classification body) and flags (various codes). "Whether batteries are stored onboard in toys or used to power propulsion or hotels," Rossi points out, "there are prescriptive elements with measures related to active and passive fire protection as well as fire detection. The new technologies required by new fuels require new regulations. The basis is always risk assessments."

The intervention of is always current and interesting Gianfranco Meggiorin of Navimeteo who discussed the rise in sea temperatures recorded in recent years, especially in the Mediterranean. "Our sea," Meggiorin said, "has changed, especially in the summer. It's a trend we're closely monitoring for both yachts and cruise ships, with surfaces exposed to the wind and not very steep. This is particularly true near the coast, because in the open sea there's a greater chance of finding less affected areas. Weather-wise, navigation isn't just about crossing the sea, but also about passing along the coast, anchoring, and stopping in ports. Anchoring is a part of the navigation: you need to continue monitoring the barometer (the most important but often overlooked instrument), check your moorings, and observe the sea."

Gianfranco Meggiorin explained that information is now available to everyone, but it must be used wisely. "We must read the GMSS bulletins," he said, "if there's a risk of storms, to gain a deeper understanding of the scenario. We must never stop understanding what's happening, using meteorological tools, and observing what's happening. The great challenge lies in nowcasting, that is, understanding what's happening without assuming the weather is as our computer tells us. Captains are extremely interested in understanding the weather, they exchange information, and compare notes."

Faced with these dangers, some more modern, others that have always existed, shipowners' responsibilities on board are changing: collisions, crew, guests, pollution, wreck removal. "The policies and responsibilities," he explained, Carola Federico, head of HdB Insurance Broker – are always the responsibility of the shipowner. The main policies are third-party liability, small P&I, P&I, and Charterers' Liability. Be careful, however, as the driver is not covered for personal injury. When there is an employed crew on board, the shipowner always has liability. Small P&I is an ideal policy for those who do seasonal charters, for example between islands; there is also an extension for water toys. Anyone on board who is not a third party and is injured is not covered. If the shipowner is on holiday with his family and there is an accident, the shipowner and his family are not covered for personal injury and damage. If the shipowner is a company, this extends to the company's shareholders. Be careful about the insurance coverage included in employment contracts. Furthermore, if guests cause damage to third parties with a water toy, they are liable and therefore require another policy.

The contribution of maritime agents and yacht managers becomes fundamental, whose role "is to raise awareness among superyacht owners and captains, a sector in strong growth – he said Carolina Villa, shipping agent and owner of SCS Yachting -, of the risks they face during their work. We recommend having procedures in place that can support the crew in case of problems. I think it's rare for people to come aboard and be familiarized with safety procedures, as happens on airplanes or cruise ships. Yet we're on boats up to 50 meters long, and the risks are numerous. The yacht manager can support the owner in their decisions and offer a fairly comprehensive package. Safety comes at a cost, but it can mitigate the risk of unforeseen events for the boat and its crew. Even if the crew takes the mandatory STCW courses, in the private sector this isn't always mandatory, and we've seen the restrictions loosened in recent years. In the world of luxury yachting, the safety issue needs to be addressed. We need to foster a culture of the sea and raise awareness in the cluster in this regard.

For captains and crews, it was also an opportunity to meet with companies in the sector, such as Genova Fire Service, which designs, manufactures, and installs fire-fighting systems for onboard ships. "There are similar systems," he explained. Alberto Favarelli, technical manager of Genova Fire Service – but they can often be activated in different ways. There are also automatic systems that activate on their own. It's important for the crew to know a system inside out and be present during the assembly phases, not just receive the certifications. Technologies have improved a lot, but not all of them are able to demonstrate what happens if a fire breaks out. Fire-fighting systems are often a treasure hunt.

The in-depth analysis of yacht salvage from an expert's perspective is interesting. "Is salvage at sea mandatory? No, it's not true," he began. Alessio Gnecco, surveyor of Stige Maritime Rescue is an intervention to safeguard life at sea. Rescue is an activity governed by a contract and requires compensation. It often requires technical skill and suitable resources. The assistance service must be provided voluntarily. The property to be saved must be identified. Rescue is remunerated based on the value of the property saved, the extent of the danger, the level of skill demonstrated by the salvagers, and the amount of work performed.

The lawyer's intervention was of the same tone. Cecilia Vernetti, founding partner of the law firm Camera Vernetti, who explained that "there are contracts that regulate salvage. Sometimes the captain's VHF radio signal is recorded, effectively terminating a salvage contract. The mere start of a fire with assistance, perhaps even a tow, could be sufficient. Case law dictates that a true salvage operation only occurs when the yacht is immobilized and therefore in danger of being lost. This entitles the salvors to claim compensation for the salvage, but only if the result is successful. The compensation is calculated as a percentage of the yacht's value, net of damages. Salvage compensation is covered by hull and machinery insurance policies but is paid if the accident that gave rise to the problem that prompted the salvage request is covered."

The captain plays an active role and must intervene even before the salvagers, at least until the vessel is secured and then declare an extraordinary event to the Harbour Master's Office. "International regulations defer to national legislation," added Vernetti, "and, regarding compensation, state that one-third of the cost of the salvage goes to any vessel not assigned to salvage, and two-thirds to the captain and crew. This is different if the vessel is equipped to provide salvage. The percentage is determined based on the value of the yacht and how the salvage was carried out, but it is typically around 5-10% of the value. In the event of an accident, the captain must immediately file a claim with his or her insurer, appoint an expert, and a lawyer. Salvagers must not charge exorbitant fees, which otherwise lead shipowners to ask captains to refrain from contacting salvage companies, compromising safety in the event of an accident."

Il Commander Luciano Cinelli, a professor and member of the Port Authority's maritime accident commission, added that, regarding compensation, "it depends on the activity being performed at the time. If I'm assisting divers while diving," he said, "and I'm called to assist a vessel in difficulty, even if I'm equipped for rescue, I'm entitled to compensation."

Captain Cinelli opened his speech by explaining, "We're sailing in a sea of ​​paper: how many times have we said this in the face of bureaucracy? International law doesn't provide for more favorable treatment, not even for those flags that don't adhere to conventions. Socially, we're accustomed to being looked after, but on board, everyone must be aware of being a key cog in safety and prevention." Hence the importance of risk assessments: "Reading the weather, planning a trip, anything that prevents damage. It's growth, it's something that prevents damage and is done faster. We must work together, from the cabin boy to the captain, and foster a culture of safety. For this, the captain must be a leader and know how to motivate. When I conducted rescues, I called the crew together and motivated them, involving them in the rescue operations. Motivation is an asset. Risk assessments lead to brainstorming. Having a safety procedure doesn't create a culture of safety. It's commitment, competence, and attitudes at all levels that determine the outcome."

Cinelli reiterated that "it's impossible to establish a culture of safety without clear leadership and a definition of safety priorities. And school does a lot of harm. Nowadays, there are no oral exams anymore, only quizzes, because there's no time. Imagine a captain who finds himself in a consulate defending himself, the crew, and the ship and doesn't know how to speak. Imagine the damage he can do. Furthermore, I've always tried to foster the crew's assertiveness because it improves relationships on board."

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"Safety and Responsibility on Yachts": PHOTOS and VIDEO CLIPS of the workshop

The full video recording of the workshop "Safety and Responsibility on Yachts"

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