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Old 06-23-2008, 01:47 PM   #21
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That is Fn BS!!!

If they can claim "Finders Keepers" on a Tow by calling it salvage, then we ought to be able to claim they are "Pirates" and shoot them to defend our property!!!

I can't believe the race organization didn't have all of this covered before hand!!!!!
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Last edited by FunHome : 06-24-2008 at 11:48 PM. Reason: typos......
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Old 06-23-2008, 01:48 PM   #22
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Yes, maritime law is nothing more than legalized piracy. The SeaTow people know every facet of the law and the average boater knows little if any.

Remember the giant sailboat in the marsh at Key West? Do you wonder why the owner wouldn't leave?
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Old 06-23-2008, 01:50 PM   #23
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Just about anyone can claim salvage if they stop to help, in fact it appears that sea-tow are well within their "legal" if not moral rights http://www.southwindssailing.com/art...lvage0106.html
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Old 06-23-2008, 01:57 PM   #24
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Here is the US salvage law in more detail http://www.safesea.com/boating_info/...ackground.html
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Old 06-23-2008, 02:01 PM   #25
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Don't even mention the word boat
call me crazy, but if its a race boat and the race people are there and the owner of the boat is there how is it abandoned?? How were they dispatched?? WHo called them?? Is it againist the law to sit on your broken half sunk boat and wait for a friend to tow you in??

Seems very shady to me??
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Old 06-23-2008, 02:07 PM   #26
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Originally Posted by BAJA WILL View Post
call me crazy, but if its a race boat and the race people are there and the owner of the boat is there how is it abandoned?? How were they dispatched?? WHo called them?? Is it againist the law to sit on your broken half sunk boat and wait for a friend to tow you in??

Seems very shady to me??
From what I just read, you can refuse salvage if present, however if you ask for a tow for a vessel incapable of moving under it's own power than salvage can be claimed, best thing would be to write out an agreement for tow before letting them put a line on you. They can refuse to tow you under contract if they so wish.
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Old 06-23-2008, 02:09 PM   #27
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Remember the super-yacht grounded in or near the everglades, he had to live on it 24/7 to avoid people claiming salvage rights on it, they start at around 30% of the value.
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Old 06-23-2008, 02:20 PM   #28
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Salvage

Gino,

The formal requisites of an act of salvage are the following:

1) there must be a serious peril from which the vessel or property could not have been rescued without the salvor's assistance;
2) the salvor's act must be voluntary (no legal or official duty to render assistance);
3) the act must be successful in saving all or part of the property at risk.

Since the act of salvage must be voluntary, a person who is under a duty to provide assistance cannot claim as a salvor. Thus, a tow company cannot claim salvage if you have a contract with that company to provide aid.

If they were contracted by him or the race organization they should be out of luck.
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Old 06-23-2008, 02:25 PM   #29
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Gino,

The formal requisites of an act of salvage are the following:

1) there must be a serious peril from which the vessel or property could not have been rescued without the salvor's assistance;
2) the salvor's act must be voluntary (no legal or official duty to render assistance);
3) the act must be successful in saving all or part of the property at risk.

Since the act of salvage must be voluntary, a person who is under a duty to provide assistance cannot claim as a salvor. Thus, a tow company cannot claim salvage if you have a contract with that company to provide aid.

If they were contracted by him or the race organization they should be out of luck.
You probably read this, but for everyone else, a grounded or drifting without power vessel is considered "in the majority of cases" to be in "serious peril" from reading the above
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Old 06-23-2008, 02:39 PM   #30
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Originally Posted by t500hps View Post
Not alot of tow boats where I boat and would hate to ever call one. I've towed a number of boats in over the years (usually 2 a summer) and will not accept payment from them. I do stress that they are now in-debted to tow SOMEONE ELSE in next time they have the opportunity.
I did that exact same thing last Saturday. Cost me about $50 in gas, but I still wouldn't let them pay us. As a side note, once we towed them out of harm's way, my passenger (and mechanic) fixed their boat for them at no charge.
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