"Dave Hall" wrote in message
...
On Wed, 12 Jan 2005 18:07:49 -0500, DSK wrote:

Paul Schilter wrote:
Is it more prudent for you to give your line over to a boat you're going
to tow or take his line?


An expert answer: it depends.

It's often said that accepting a line from a tower makes your vessel
salvage. OTOH it's often the case that the towee has no suitable lines
aboard.

When I've towed people in, I've always used my own line because
1- my crew had it ready
2- it was both long & stout enough, to my certain knowledge
3- that gives me more control over how it's paid out and the strain taken
up


Another factor to keep in mind in this increasingly litigious and
responsibility deflecting society, is that if you use your line and
it breaks and results in further damage, there may be some urge to
hold you responsible. If you use his line and it breaks, then it's on
him.

Dave


Towing & The Law

If you decide to tow another vessel, you become a "Good Samaritan" in the
eyes of the law and are thus protected from liability as long as you "act as
any prudent person would". A lot of well-meaning skippers have been sued
over that nebulous phrase so, if you have any qualms about your own
abilities, don't attempt to tow another boat. Good seamanship will always be
a defense but you may find yourself up against an "old salt" in court who
will swear that you were inept in your actions. In addition, your insurance
policy probably has a clause that frees them of liability if you don't
exhibit what they consider to be good seamanship.

Don't be hesitant to refuse to tow someone if the weather is bad, if you
think your boat is too small, or if you're unsure of your abilities. You
have a legal (and moral) obligation to save lives, but the saving of
property is not your problem. Stand by the disabled vessel until an
acceptable tow boat arrives on the scene, but don't jeopardize yourself or
your boat by attempting a rescue beyond your abilities.

If you're at the other end of the tow line, bear in mind that the laws of
salvage entitle a rescuer to "fair compensation" for his services. In the
pleasure boat world, most towing is done out of courtesy, and a thank-you
(or a bottle of wine) is satisfactory payment.

If you find yourself needing a commercial tow, be sure to agree on a price
before the towboat leaves the harbor. At the same time, find out how they
expect you to pay the bill, since some companies will impound your boat
until you pay in cash. Towing services have various ways of charging: some
use a flat rate while others charge by the hour. If the charges are hourly,
be sure to find out if the meter starts when they leave their dock, or when
they actually have you under tow. Don't forget that admiralty law is on the
side of the towing company and, if you try to evade the cost, most courts
will penalize you heavily.



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