BoatBanter.com

BoatBanter.com (https://www.boatbanter.com/)
-   General (https://www.boatbanter.com/general/)
-   -   Towing a Boat? Your line or his? (https://www.boatbanter.com/general/27082-towing-boat-your-line-his.html)

wgander January 13th 05 10:10 PM

Yes; lots of responses, a lot of discussion but only two posters actually
attempted to answer the question.


"Harry Krause" wrote in message
...
wgander wrote:
I never had the patience to follow a thread this long before. I'll

probably
never do it again.
Only two posters attempted to answer the question:
BB pointed out that who handed who a line may be a point in salvage
questions and liability issues;
DSK pointed out that it depends.
Thanks to both of them for their answers.



"Paul Schilter" wrote in message
...

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





There were more than two responses.




LaBomba182 January 14th 05 12:33 AM

Subject: Towing a Boat? Your line or his?
From: "Doug Kanter"


Paul, what exactly does this mean - "find yourself in a salvage
situation"???



A claim could be made against your boat and your insurance company.


Capt. Bill


[email protected] January 14th 05 12:40 AM

Can you elaborate? Does this mean that (in your country ;) if I tow you
to the boat launch because you ran out of gas I own your boat? And it
depends on if I gave you my line vs. you gave me your line?
Matt (planing a summer holiday on US waters .. hehehehe)


Jim Carter January 14th 05 02:32 AM


wrote in message
oups.com...
Can you elaborate? Does this mean that (in your country ;) if I tow you
to the boat launch because you ran out of gas I own your boat? And it
depends on if I gave you my line vs. you gave me your line?
Matt (planing a summer holiday on US waters .. hehehehe)


Hi Matt:
Yes, they do things a little differently in the USA. In the Canadian
Waters of the Great Lakes, it is not "salvage" also under our Canadian law,
if you give help to someone stranded, and you do your best to help, they
cannot sue you.

Jim Carter
"The Boat"
Bayfield



NOYB January 14th 05 02:50 AM


"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.



http://www.boats.com/boat-articles/S...ater/2843.html





NOYB January 14th 05 02:52 AM


"wgander" wrote in message
news:MUyFd.37$ru.11@fed1read07...
I never had the patience to follow a thread this long before. I'll probably
never do it again.
Only two posters attempted to answer the question:
BB pointed out that who handed who a line may be a point in salvage
questions and liability issues;
DSK pointed out that it depends.
Thanks to both of them for their answers.



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




According to LaMontagne, to help in most situations, you should do the
following if you encounter a vessel in trouble, hear a radio distress call
or respond to a visual-distress signal:

.. help the boater contact assistance via VHF radio or cellular phone and
provide authorities with a description of the vessel, number of people
aboard and location;

.. if they haven't already done so, remind the other boaters to follow basic
emergency safety procedures such as setting their anchor and having
everybody onboard don lifejackets, and

.. stand by the vessel until help arrives; if the other vessel has a VHF
radio, standing a radio watch - remaining in regular radio contact with the
stranded vessel - usually fulfills this part of your obligation.

Limiting your involvement to these three courses of action is the prudent
thing to do in most "routine" encounters - breakdowns, out of gas,
entanglements with trap lines, etc.

"Of course, there will be times when the situation dictates doing more, such
as during true on-water emergencies," added LaMontagne.

While every situation is unique, VAAA offers these examples of things in
which you generally don't want to get involved when assisting another
boater:

.. taking another vessel under tow - without the proper knowledge and
equipment, this is dangerous to people and property;

.. siphoning fuel from your vessel into another - due to the personal health
risk and the risk of fire and explosion,

.. jump-starting another vessel with dead batteries - improper use by either
party carries a risk of fire or damage, or

.. boarding another vessel to perform mechanical repairs - this is both
dangerous and a liability minefield.

Experienced mariners recognize that the Good Samaritan defense is just
that - a defense. It doesn't prevent boaters from being sued or eliminate
the cost and hassles of defending yourself.

"At the same time, it's important for mariners to maintain a helpful spirit,
and provide a safety net out there on the water. The best way to do that for
both parties (in the majority of non-emergency cases) is to help get trained
professionals on scene as soon as possible," said LaMontagne



http://www.ritzinteractive.com/messa...mID11/136.html



NOYB January 14th 05 02:54 AM

http://www.seatowpdx.com/documents/2...thecaptain.pdf




Doug Kanter January 14th 05 03:27 AM


"LaBomba182" wrote in message
...
Subject: Towing a Boat? Your line or his?
From: "Doug Kanter"


Paul, what exactly does this mean - "find yourself in a salvage
situation"???



A claim could be made against your boat and your insurance company.


Capt. Bill


Based on that one line response, I come to this conclusion: If someone tows
you back to the dock because your ignition module failed, you should tie
that person up, but not too roughly, haul your boat out of the water, and
leave town.

Something's missing here.



[email protected] January 14th 05 04:21 AM

So in the US when your motor fails you may as well just sink the boat
before you hand it over to the guy who offers to tow you?

The laws in the US cant be THAT stupid?

If they are I will be cruising US waters for some salvaging next
summer! hahaha

Matt


-rick- January 14th 05 04:23 AM

Harry Krause wrote:

Perhaps if you are about to tow someone, you should ask if they are a
lawyer...or a Republican. If so, let 'em flounder, eh?


I'd be more concerned about accepting a tow from either.

-rick-


All times are GMT +1. The time now is 12:46 PM.

Powered by vBulletin® Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright ©2004 - 2014 BoatBanter.com