wrote:
"Tony Helton" wrote in message
...
wrote in message
...


Usually, before starting to tow a boat a waiver has to be signed and
agreed by the captain of the boat being towed.

Negligence can't be waived.

Let's make this clear, I am not for any parties in this dispute.
Between the common law, maritime law and jurisprudence you have a good
point.
Then you throw the "Act of god" in to this and we have a good blend.
In many instances a waiver is accepted over the a radio or sat/phone
transmissions and deemed as legal.
As you have stated "negligence" cannot be waived. However, negligence can
be applicable to the towee and tower.
I some jurisprudence the captain having the most proven skill and experience
has been seriously questioned?




My experience with the Canadian coasties has been pretty good. One
night, daughter and I turned out in the cold and dark, they found us a
room in the town next door.

A couple of weeks later they gave me a tow into Twillingate after I lost
my engine.

I found them to stand a regular VHF watch, though sometimes it was a bit
difficult getting them or, having got them the operator was far, far
away and unfamiliar with the harbour I was in.

Canadian Coasties are civil service, not military. Therefore they tend
to be locals and more "professional" in that they are making a career of
it. I would not be surprised at all if some of the ships crew were
either related or family acquaintances of the sealer. They will have a
lot of explaining to do at the bar, be it the legal or neighborhood
variety. My heart goes out to all involved.

Also, did anyone here follow the events in last years sealing season?
There were just bunches of boats caught in the ice. And the ferrys up
there are all pretty much in tough shape, so the breakers have been
having to keep ways open for them. Hell last week the Caribou, 300+ of
ice rated ferry, got caught outside of Sydney and it took two days and a
breaker to get her in. So these guys have been working there buts off.
Perhaps fatigue was an issue.

Check out current ice conditions he
http://ice-glaces.ec.gc.ca/app/WsvPr...11091&Lang=eng

USCG during Nam was a good place to go to not go to Nam. The boat
service had a lot of folks who were scary in a boat. Aviation was
generally better because you had some real tough A school to get through
first. Still, there are stories best left untold. Least anyone be
tempted to snicker at the Canuks check out the USCG project Deepwater
fiasco.