Flotilla Principle

Flotilla Principle in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Flotilla Principle, produced by Tetley, in the context of admiralty law: The principle whereby the tonnage of both the tug and the tow were taken into consideration in calculating the shipowner’s limitation of liability arising out of collisions between the tow and another vessel or a stationary object. The principle originally applied in England where the tug and tow belonged to the same shipowner, and even if the fault or negligence which caused the collision was committed only aboard the tug. Today, however, the combined tonnage of tug and tow are taken into consideration in calculating the shipowner’s limitation in England, whether or not those vessels are commonly owned, but only if the fault or negligence that caused the collision was committed aboard both those vessels. See The Bramley Moore [1963] 2 Lloyd’s Rep. 429 (C.A.) and The Sir Joseph Rawlinson [1972] 2 Lloyd’s Rep. 437. In Canada, on the other hand, the traditional flotilla principle still applies, so that the combined tonnage of the tug and the tow will be taken into account in calculating the shipowner’s limitation, provided that both the tug and the tow were commonly owned when the collision occurred, and provided that both the tug and the tow caused or contributed to the collision, even if the causal fault or negligence was committed only aboard the tug. See The Rhone v. The Peter A.B. Widener [1993] 1 S.C.R. 497. This position remains unchanged now that Canada is party to the Limitation Convention 1976 (see this maritime law term in this legal dictionary). See Bayside Towing Ltd. v. C.P.R. [2001] 2 F.C. 258 (Fed. C. of Can.). The United States applies the same flotilla doctrine, requiring both the tug and tow to be surrendered in the limitation proceedings, if they were under common ownership and engaged in a “single enterprise” (as a unit) when the negligently-caused collision happened. See Cenac Towing Co. Inc. v. Terra Resources, Inc. 734 F.2d 251 at p. 254 and note 4 (5 Cir. 1984); Valley Line Co. v. Ryan 771 F.2d 366 at p. 376 (8 Cir. 1985). See also Seaspan, Lim. Procs. 2001 AMC 2366 at pp. 2368-2369 (W.D. Wash. 2001). See Tetley, Int’l. M. & A. L., 2003 at pp. 304-306.

Flotilla Principle in Admiralty Law

For information on flotilla principle in this context, see the entry on flotilla principle in the maritime law encyclopedia.