TOW VS SALVAGE

[Air 22]

READ AN INTERESTING ARTICLE THE OTHER DAY ON THE SUBJECT OF MAKING A CALL FOR SEA-TOW. THE JIST WAS THIS...MANY HAVE CALLED FOR HELP..STUCK ON A SAND BAR AND NEED HELP. CASE IN MIAMI AREA WHERE THIS HAPPENED A WHILE BACK AND THE SEA-TOW NAILED THE GUY FOR A SALVAGE OPERATION..OOOOWCH eek!
BE CAREFUL WHAT YOU CALL FOR AND READ YOUR INSURANCE POLICY CAREFULLY IN THE AREA OF TOWING AND OR SALVAGE OPERATIONS. THE LAWS ARE SUCH THAT THE A FEW COMPANIES DOING THE "TOW" HAVE BEEN KNOWN TO CHARGE FOR A SALVAGE OPERATION . AS THEY SEE THE VESSEL LOST IF THEY DO NOT ASSIST :confused: THE CHARGE IS A PERCENTAGE OF THE VAULUE OF YOUR BOAT ETC...ANYTHING MORE THAN 150.00 - 200.00 LOL.. JUST A NOTE TO OUR FELLOW DONZI BROTHA'S BE CAREFUL AND CHECK YOUR POLICY'S SO NOT TO HAVE TO IN COURT ETC. STAYING OFF THE SANDBARS, REEFS ETC WOULD HELP TOO :D ...BUT WE ALL MAKE MISTAKES NOW AND THEN :mad:

[smokediver]

It is my understanding that it becomes a salvage when they prevent the boat from sinking ... boarding and putting a portable pump on board to remove water as an example.. there are a lot of shady operators that live to "salvage" a boat... the claims can be upwards to half the boats value... and they hide behind old maritime laws and get away with it...In short let the damn thing sink !!! I hate seeing these guys screw people over !!!! I can think of about 3 companies right here in naples...

[knee deep]

Under martime law if you accept a line without prior agreement, Lloyds open form being the accepted version you have in fact made an agreement for "salvage". Before any agreement is made you must be sure it is in writing and witnessed. DO NOT accept a line or any other piece of equipment until you have an agreement in place. Tow operators are unscrupulous and know the law to the letter.

[Fish boy]

Happened to my boss off the cost of france last year. Multi million $$$ yacht. A storm came up, all of the crew was ashore renewing visas except for one stewardess. The anchor was not holding and began (very slowly) drifting towards shore (still a couple miles or so off).

Salvage operation on the shore heard her trying to contact the captain on the radio and came out with a few friends under the auspices of lending a hand. SHe accepted their kind offer. They pulled the anchor and drove it a few miles away to a protected cove.

The next day (sunday) the capitan went ashore and tried to give them a little money for the help. They declined telling him that they boat was theirs- something about a salvage title since they saved it from sinking. They were going before the judge on Monday morning.

I do not know the law in this area, but apparently they did. Needless to say, when the capitan called to tell my boss, and he told them to do the only logical thing- As soon as it gets dark, fire up the engines and head for the US, and do not stop for anything or anyone!!! THe boat is back now, but they filed suit here in the US trying to perfect their claim. I think they are still working this out.

[Formula Jr]

Knee Deep is right about the Lloyd's open form. These laws are ancient and were really meant for cargo/commercial shipping. The way these rinky dink "rescue" operators work is a clear mis-application of Maritime Law. But they do it anyway. By and By, Salvage is just a Lien against the boat. That lien can be challenged, in court. But who wants to end up there? It still baffles me that tow companies exist at all. Part of the boating code was - "It is your duty to render Assistance when asked." There use to be laws AGAINST asking a fee to anyone needing a tow. In fact, you were "charged" as a captain (formal or not) to render assistance, within reason.
This is an issue that pisses me off to an extreme . And I could rant for five pages on it, but I'll just say, I fear no law suit if I come to the aid of a pleasure boater. That will never change. Its Old School. The laws may have changed, but I can't and will not. On the water, we are all brothers. No matter how screwed up the legal climate gets over that, "It is my Duty, and Pleasure, to render help, if asked."

[HyperDonzi]

I also think if no one is abord the boat they can "salvage" it.

[Darrell]

Wow eek! , I would have never belived it has come to this, so called savy boat towing companies acting as pirates. I guess sometime being landlocked in the Southwest is not all that bad. I could have paid for the new SM exhaust I want with all the money I have turned down over the last 15 years boosting and towing in boaters. I would never take thier money, but they offer anyway, and to the guy in the 1980's style outboard bayliner, Thanks for towing by 1999 Scarab three miles a couple of years ago. And yes I offered him a 50, but he turned me down. wink

There is just a good feeing
knowing you helped another boater in need.


Just my $.02

Darrell

"Yes even thier boat is a Baja" :rolleyes:

[HyperDonzi]

Darrell:
"Yes even thier boat is a Baja" :rolleyes: I bet you I have towed many more boats last year than the watercraft officers did. Only time I accepted money was when it was a good 5 mile tow, and even then I only accepted 10$ because I was pretty close to E.

As for the scarab....I offer bigger boats a tow also, just so I can say they were behind me wink :D

[Darrell]

Hey Hyper;

You caught that quote, I put in for your benifit. :p Glad to hear there is a good guy up in Ohio that is willing to help boaters in need. Do you still have the Baja? I noticed the name changed to "HyperDonzi". :cool:

Darrell

[HyperDonzi]

Yep, its still the baja....Hopefully an 18 Classic is in my future :)

[RPD]

The towing companies sprang up in the 80's after Reagan, to cut costs, stopped the CG from responding to calls where life and property were not in danger... this coincided with a dramatic increase in boaters, most of whom were inexperienced and failed to appreciate the traditional seafaring philosophy so aptly expressed by the Boy Scouts: "Be Prepared"