On Tue, 4 Sep 2007 12:27:23 -0400, "D-unit" cof42_AT_embarqmail.com
wrote:

I think Im only legally obligated to lend assistance only if it is a dire
situation or someone is hurt. Maybe someone could clear this up.

Wonder why this post just showed up? Interesting.

I haven't read through all the follow on posts, so some of this may be
duplication.

The rules are vague in this regard - you are required to lend
assistance, but the extent of that assistance is directly related to
your level of expertise and the level of assistance needed. Jump
starts? No problem. Fires? No problem. Run out of gas - not your
problem unless there is a danger to life and/or injury.

For instance - let's say that a boater flags you down - out of gas and
anchored out of normal travel lanes or channels. As long as you can
ascertain that there is no danger to life, no assistance is required -
you are not under obligation to provide that boater gas as it's not an
emergency. Any assistance you provide is strictly out of your own
sense of obligation to another human being. Same situation, but one
of the passengers is having breathing problems or suffering a medical
problem at that point you are obligated to provide assistance as long
as it does not place you and/or your passengers in danger. You call
for assistance and standby to render any assistance as needed once the
call is placed, but if in your judgement, you cannot be successful in
performing the assistance safely, no further action on your part is
required.

Now take that same situation, but the disabled boater is anchored in a
shipping channel or in similar danger - nothing more than that. Your
obligation is to assist the vessel out of danger, as in moving the
boat and passengers out of the channel and seeing it safely secured
away from travel lanes.

Where this whole "tow" thing gets tricky is when rendering assistance
while the other boat is in danger. Your obligation is to remove the
boat and passengers from danger - you are essentially rendered
blameless if something happens - like you pull the bow eye out or some
numbnuts does something stupid.

However, this changes if there is no clear and immediate danger to the
disabled vessel and/or passengers. Once you commit to a tow
voluntarily, you are essentially taking control of that vessel meaning
that anything that happens on the disabled vessel is automatically
your fault if fault is to be found.

For instance, you tow the disabled boat back to a ramp for a distance
of three/four miles and enroute the other boater decides to look at
his outboard, falls overboard, you don't notice and the boater drowns.
That's your fault. Or you bang the boat into the dock and cause
damage to the boat, the dock and another boat - that's your fault.

There's also the issue of insurance - most policies don't cover towing
assistance if you are the tower. As a licensed Captain, I have a tow
rider on my insurance and I have the towing endorsement on my license.
I don't think you do.

Additionally, there are nuances to all of this which may, or may not,
cause you to be found at fault if something happens.

The easiest thing to do in this situation is to render what assistance
you are capable of, but when it comes to towing, unless you are
willing to take charge of the disabled vessel in a long tow because
the dumbass ran out of gas or battery ran down, don't do it. Only
assist to your level of ability.