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View Full Version : BoatCop: Emerald Cove, Where Rumor is King, Part III:



Trailer Park Casanova
07-24-2006, 06:23 PM
OK,, the topic get's brought up about towing people & their boats back to their place along the river often.
Part A:
I got shouted down by the old loudmouth drunks that insist if the stranded boat throws you the towing boat operator the line to tow them, then they're (the stranded boat) liable for any incidence in transit because THEY tossed YOU the line.
Part B:
If the towing boat throws the stranded boat a tow line, the drunks claim,,, then the towing boat is fully liable for mishaps in transit.
I don't buy the part A statement that the drunks claim.
Seems the operator of the towing boat shoulders some responsibility at all times,, because that's the person most in control,, doing most the thinking
Been hearing this for years. I won't let anyone go adrift in the current, I assist if I can.
What's your take?

Acommanderguy
07-24-2006, 06:27 PM
You cant blame the person trying to help. Its that simple. the drunks need to buck up and face the fact. Someone was trying to help, and something happened. big deal move on your drunk. could be worse? the cops coulda towed them in, and DUI tested the operator of the boat.

Nord
07-24-2006, 06:33 PM
Your post doesn't really make sense. If you're towing somebody and you're under power and they're not, anything you run into is your fault. It's nice to try and help, but it's not a license to run into stuff without fault.
As far as I know, this statement is correct!!
~NORD~

OCMerrill
07-24-2006, 06:39 PM
The towing vehicle is always responsible, no matter what you're driving or towing.
I am sure Boat Cop will chime in here eventually but SWB is 100% spot on.
Drunks or no drunks. :)

BajaMike
07-24-2006, 07:21 PM
Admiralty and Maritime Law are the oldest and one of the most complicated sets of laws in existance, they go back thousands of years and pre-date British Common Law (used in 49 states) and French Canon Law (used in Louisiana).
If your boat is in eminent danger, and you tell someone "tow me out of here, I'll pay you anything", they could put a lean on your boat for up to the full value of the boat.
If you abandon our boat, and someone else tows it in, they could claim the boat.
It's complex.
The main thing is, if a for hire service tows our boat, be sure to have and carefully read the written agreement.
:idea:

Wake Havasu
07-24-2006, 09:33 PM
If you abandon our boat, and someone else tows it in, they could claim the boat.
:idea:
Next time I motor by the sandbar and see an "abandoned" DCB... :rollside:

Boatcop
07-25-2006, 05:54 AM
Why do you think "know-it-alls" (who don't) are called "Sea Lawyers".
Admiralty and Maritime Law apply where there is no statutory law in place. Since there are statutory laws in waters subject to US Jurisdiction and in all US States, Admiralty laws do not apply. The exception would be where no statutory law exists to address a particular issue.
Who throws the tow line is of no consequence to liability or responsibility for the towed vessel. For answers, one just has to look at Federal Navigation Rules, adopted by SOLAS (Safety of Life at Sea) and applied internationally and all federal waterways.
Section 2903 states:
An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.
What that means is that a person offering assistance to a disabled vessel cannot be held at fault, unless they do something unreasonable, or beyond the scope of their vessel or ability. Towing a vessel at a high speed or into a hazardous area are a couple of examples where acts would not be "reasonable".
An exception would be for those that are in the business of towing (vessel assist) or are charged with those type of duties. (Coast Guard, Marine Patrol, etc.)
It is correct that an abandoned boat may be salvaged and claimed by the salvager. However, it's not as simple as finding it and claiming it. The laws regarding abandoned vessels require that the vessel be truly abandoned. Every effort must be taken to identify and contact the owner BEFORE salvage efforts take place or the salvager takes possession. Only when an owner can't be located, and/or the owner says he has no interest in the vessel can it be claimed as abandoned.
As far as charging someone for tow services, and then placing a lien on the boat for those services. That is not permitted. Navigation laws REQUIRE all vessels to provide assistance:
Section 2304
A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board.
There are criminal penalties for failing to do so.
A contract for payment for services of an act that is required by law is an invalid contract. Vessel Assist and similar tow services provide ROUTINE tow services by pre-arrangement and pre-existing contract, not one that is written (or verbalized) at the scene of an emergent situation.
Charging for towing is also illegal unless one has a USCG license to operate a commercial tow vessel and the tow vessel is inspected and certified by the Coast Guard.
Vessel Assist resources are frequently used off shore by the Coast Guard in Search and Rescue cases, where no other resources are available. Vessel Assist cannot charge for services in those situations.
When the owner of a boat agrees for salvage or routine tow services, at a reasonable price, and fails to pay for such services a tow/salvage company (if they have possession of the vessel) may place a lien on the vessel and acquire title as abandoned and sell it to recover those costs. If they do not have possession of the vessel, then they may file suit to recover those costs.
As far as which line to use while towing, I always use ours, since I know its condition and that its up to the job of towing. I never trust someone elses line.

Red Horse
07-25-2006, 06:01 AM
Similar the good Samaratin law. You really got to be doing somthing stupid to be liable!!

Wake Havasu
07-25-2006, 04:36 PM
Well!
So there is no chance of claiming a DCB is abandoned at the Sandbar while the owners are out flipping Frisbees!

Danhercules
07-25-2006, 05:53 PM
I towed a stand up from just upriver of Big Bend in Bullhead to the Riverside launch ramp. He was getting towed by another stand up using a life jacket strap. I have been towed many times with my stand up, so I returned the favor. I towed him about 35 MPH!!!! He was gettin ready to stand up. That was fun. I dont think he would have made it alone!!!