Page 118 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

these by the number of days the aircraft 5.9 A standby rate calculated as a proportion of
is available in a year. This methodology is the operational rate is accepted to reflect on
sometimes referred to as ‘first principles’. the one hand, saved fuel, where the daily rate
Sometimes aircraft that have a primary includes fuel and lubricating oils, and reduced
maritime defence role are used because wear and tear while on the other, keeping the
these aircraft are equipped for long-range, vessel in a state of readiness. Vessels are
aerial surveillance over the sea and they considered to be on 'standby’ when in a state
are available to and controlled by the of readiness but not involved in operations
Government. However, in comparison with for example, alongside in port during bad
commercial aircraft the costs of operating weather or while being cleaned at the end of
such aircraft are likely to include significant an operation. When assessing vessel costs,
fixed costs due to the more sophisticated consideration is also given to the suitability
equipment and larger crews associated with of the vessel to the particular role in the 13
routine maritime surveillance and defence response to the spill it was required to fulfil.
operations and these would need to be taken
into account when deriving a reasonable rate.

5.7 Commercial aircraft are usually charged
by hours in flight and sometimes attract a
minimum number of flight hours each day.
A positioning fee may also be charged for
flying the aircraft from its normal operating
base to the area of the spill. These fees, as
well as landing fees and crew expenses are
normally accepted provided the criteria for
admissibility are met. In large spills where
several aircraft are operating it is accepted
that it may also be necessary to set up
protocols and personnel to control
aircraft traffic.
Vessels
5.8 As described in paragraph 5.6 in relation
to aircraft, reasonable costs for vessels
can be derived from either (i) the actual
costs of operating the vessel (see example
on page 14) or (ii) by comparison with
rates for commercially available vessels
suitable for the same role. If data is available
consideration is also given to the elements
of fixed costs which make up the calculated
daily rate. In the case of vessels which have
a primary role substantially different to oil
spill response, such as a defence role, there
are clearly fixed costs which cannot be
included in a rate derived for spill response.