Salvage rights ?????

TYPHOON · 06-26-2008, 10:51 PM

OK, can someone please explain what I should do if my boat is in distress during a race. What are the laws?? How do I protect my team from being abused by pirates? Why are some of these tow companies aloud on our race course? It seems to be the same story in KW and other places we race. Are we being abused by some old law?
Lets here the pros and cons.
MD

Stu · 06-26-2008, 11:08 PM

In case anybody hasn't seen this thread yet in General Boating Discussion, it will give you some background on the subject:

What is the deal with Sea Tow? Jerks!

Something definitely needs to be done...

Ron P · 06-26-2008, 11:44 PM

We are working on it. Lets give Sea Tow the opportunity to correct what happened.

capthump1 · 06-26-2008, 11:57 PM

Ron, I didn.t know you went to Walker Evans off road driving school. You would have won the Baja 500 the way you passed me in that SUV when they were towing the boat AWAY from the crane.

SpecialFX · 06-27-2008, 05:47 AM

Maybe OSS needs their own recovery boat, at every race site?

CrazyBoatTower · 06-27-2008, 04:25 PM

From what little reading I've done on salvage, it seems like the race organizations need to have the tow company's sign a contract prior to the races. It could then be a "Contract salvage" for all boats that registered for the race. This would get rid of a very important part of salvage laws, the voluntary part. Maybe it could have multiple contracts in one, differentiating between flipped boats, righted boats in need of a tow, etc... to limit cost to the owner.
But the least the organizations could do is have a contract that everyone signs when they register their boat for the race. It would need to be signed by the tow company prior to racing, then that would cover everyone from things like this. It would also rid the tow company from voluntary salvage because they would be under a contract of some sort. Then they can't take your property and the cost could be under some sort of contract also.

For there to be a valid salvage claim:
1. There must be a marine peril placing the property at risk of loss, destruction, or deterioration;
2. The salvage service must be voluntarily rendered and not required by an existing duty or by special
contract; and
3. The salvage efforts must be successful, in whole or in part.

Just a though.

Here is a good link to salvage laws.
http://www.mikkelborg.com/files/salvage.pdf

FunHome · 06-27-2008, 06:21 PM

So if they get to claim a percentage of the boats value as payment, then do they figure what it was worth before it flipped or after. Do they just get to put any value on it they want???? Who are they to value a race boat????

racesdad · 06-27-2008, 09:14 PM

they are glorified pirates and crooks. we should boycott all seatow franchises forever. and then start a real smear campaign. they deserve every lawsuit they get.
CROOKS

CROWN MAN · 06-30-2008, 09:53 AM

Quote:

Originally Posted by SpecialFX

Maybe OSS needs their own recovery boat, at every race site?

Thats what I was thinking

Pete B · 06-30-2008, 10:43 AM

Quote:

Originally Posted by SpecialFX

Maybe OSS needs their own recovery boat, at every race site?

While it certainly looks great on paper, and print, reality is, it costs money. Not saying impossible, but say a 26 ft Rib with twins, a pump, compressor for floatation bags, transport to all sites. storage between races and off season. Plus a crew which would include a certified diver familiar with recovery ops. wont come cheap.

In my opinion if these tow companys are on or near the course, a contract should be made prior to the event, to include recovery of a overturned boat.

Its very easy to point out our opinion over what should be done, I am sure all the powers to be from OSS are working on this matter.