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06-23-2008, 01:47 PM
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#21
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Yes, I'm from KANSAS!!
 Platinum Member
Join Date: Oct 2000
Location: Kansas & LOTO
Posts: 2,421
28ft Saber, 38 Baja, 22 Velocity
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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!!!!!
__________________
1990 28ft SABER
"Hardcore Old School"
Last edited by FunHome : 06-24-2008 at 11:48 PM.
Reason: typos......
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06-23-2008, 01:48 PM
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#22
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Registered
Join Date: Oct 2003
Posts: 9,274
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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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06-23-2008, 01:50 PM
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#23
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SORE MEMBER
 Platinum Member
Join Date: Apr 2004
Location: Banana Bend, Texas
Posts: 3,750
GMC Duramax/Allison 4x4 STRYKER EQUALIZER 29
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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
__________________
Mark,
Everybody should believe in something; I believe I'll have another drink.
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06-23-2008, 01:57 PM
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#24
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SORE MEMBER
 Platinum Member
Join Date: Apr 2004
Location: Banana Bend, Texas
Posts: 3,750
GMC Duramax/Allison 4x4 STRYKER EQUALIZER 29
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__________________
Mark,
Everybody should believe in something; I believe I'll have another drink.
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06-23-2008, 02:01 PM
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#25
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Registered User
 Gold Member
Join Date: Feb 2001
Location: Tampa, Indian Shores Beach
Posts: 3,300
Don't even mention the word boat
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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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06-23-2008, 02:07 PM
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#26
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SORE MEMBER
 Platinum Member
Join Date: Apr 2004
Location: Banana Bend, Texas
Posts: 3,750
GMC Duramax/Allison 4x4 STRYKER EQUALIZER 29
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Quote:
Originally Posted by BAJA WILL
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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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.
__________________
Mark,
Everybody should believe in something; I believe I'll have another drink.
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06-23-2008, 02:09 PM
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#27
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SORE MEMBER
 Platinum Member
Join Date: Apr 2004
Location: Banana Bend, Texas
Posts: 3,750
GMC Duramax/Allison 4x4 STRYKER EQUALIZER 29
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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.
__________________
Mark,
Everybody should believe in something; I believe I'll have another drink.
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06-23-2008, 02:20 PM
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#28
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Registered
Join Date: Jun 2006
Location: Boca Raton, FL
Posts: 26
2008 40' MTI
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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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06-23-2008, 02:25 PM
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#29
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SORE MEMBER
 Platinum Member
Join Date: Apr 2004
Location: Banana Bend, Texas
Posts: 3,750
GMC Duramax/Allison 4x4 STRYKER EQUALIZER 29
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Quote:
Originally Posted by CatuLater
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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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
__________________
Mark,
Everybody should believe in something; I believe I'll have another drink.
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06-23-2008, 02:39 PM
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#30
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Registered
Join Date: Mar 2001
Location: Monroe, LA
Posts: 3,067
1997 Spectre Catamaran w/ twin 2.5 efi Offshores.
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Quote:
Originally Posted by t500hps
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.
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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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