exshipdude

Hello all,

My name is Joe, I am VP Operations for Sea Tow Services International. I am deeply concerned when ever I see anything like this because it usually means it is about to get out of hand for no apparent reason. If anyone would ever like to speak to me, please PM me or call me at 631-765-3660 ext. 3134.
Concerning the race in Huntington Beach our local franchisee volunteered to be a sponsor of the race. They were to carry an EMT and a diver and they offered free towing to any of the race boats that became disabled during the race due to mechanical failures, not flipping, sinking, collisions, etc. This was announced at the driver's meeting and all the racers seem to understand.
At some point during the race Hidden Agenda flipped over, trapping one of the racers underwater, the Sea Tow vessel responded, the diver went in and brought the trapped racer to the surface. The person was bought onto the Sea Tow boat and had no pulse and was not breathing. CPR was started while the the boat proceeded into the waiting ambulance. Luckily due to everyone's effort's he had a pulse when they arrived at the dock and is now doing OK.
Both racers were taken to the hospital while the boat was drifting upside down toward the beach. Sea Tow proceeded to get a line on the boat and pull it away from the beach. They then rolled the vessel right side up and towed it to the crane where they lifted the vessel so just high enough to begin dewatering to make it light enough for the crane to lift.
So, why is it salvage??

For a salvage claim to exist there must be three elements present.

1. Peril
2. No preexisting agreement to do salvage, i.e. the salvor must act voluntarily
3. Success

There was certain Peril, the vessel was upside down heading towards a beach. I do not know the sea state, or if the beach was rocky. The actions of Sea Tow prevented further damage to the vessel and the environment.

Sea Tow's services for the race did not include salvage services as discussed at the driver's meeting, and they did voluntarily head back out to retrieve the vessel.

Yes, they were successful.

Many people think that salvage rates are too high, they are being taken advantage of, and salvors drive up insurance rates, etc. They also think the laws are out of date. The salvage laws exist to reward salvors for maintaining a the equipment necessary to preform the work they do. This includes boats, pumps, airbags, air compressors, trained personnel...... this list could go on and on. As my Father has said for many years each and every Sea Tow Franchisee is maintaining a "Fire House" on the water, available 24/7/365. The fact is, salvors, work to keep damage to a minimum to prevent insurance companies form paying more. A salvor never, sinks the boat, they raise it. A salvor never drives the boats onto the rocks, they remove it. Insurance rates go up because accidents happen, not because of the Salvor.

The best way to deal with a salvage situation is to be educated. That is why both companies, Sea Tow and Boat US/Vessel Assist place sections on the website that speak about it. Also, ask questions!! If you do get into a situation and time allows, call your insurance company, they will know what to do and they will work with the salvor to save your property.

I hope this helps, and once again if anyone has any questions please do not hesitate to contact me.

Joe

Qball

Joe...in most cases I would agree with you....but.... in this situation... race boats are not insured so this has nothing to do with insurance. Not for nothing....but I think 15K is absurd and the maritime law need updating. I understand the 24/7/365....I just have a hard time believing that this "salvage" job was worth 15K. If the promotors did not cover this before hand then shame on them.

Titan

Qball

Not trying to stick my nose into some ones busineess. But racing for you seems to be a business and not for pleasure. Since your boats are not insured what would have been your second option to save the vessel at that point in time when it was drifting upside down into shore. If the vessel hit the shore and broke apart and fuel was spilled what do you think the DEC would have charged you for the cleanup. Not too mention the fines you would have paid.

Sounds like you got away cheap. And not too mention the Sea Tow Captain saved the guys life too...


What is the problem here????????????

BRUCE SEROFF

I think in race conditions, the Salvage rate should not apply and maybe a hourly rate for such an operation should be agreed upon before the race.

a percentage of the boats value, in this case, may be 10 or 15 percent, I think is a bit high. i understand the circumstances were severe and lives were at stake. But after all is said and done the rate is still too high. How long did the salvage operation take until the boat was on the crane out of the water? I would think maybe 250 / hour is more reasonable and would cover your man power and equipment.

just my opinion

exshipdude

Qball and others,

Below are the criteria for fixing a salvage award. They are a standard in the maritime industry. The link below the 10 criteria will bring you to the US Open Form Salvage Agreement, aka the MarSalv Form, the form used by Sea Tow. Please note that by signing a MarSalv form you are not agreeing that the job is a salvage, the job is a salvage by it's own nature. That the Marsalv does is dictates that the parties got to arbitration in the case of a dispute. Otherwise the matter would go to Federal Court. For mor information on arbitration you may visit www.smany.org.

Note: Salved Value is number one, this is what the vessel is worth post salvage, i.e. the value of the vessel prior to the incident minus damages.

INTERNATIONAL CONVENTION ON SALVAGE, 1989
Article 13

Criteria for Fixing the Reward

1. The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below:

(a) the salved value of the vessel and other property;
(b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;
(c) the measure of success obtained by the salvor;
(d) the nature and degree of the danger
(e) the skill and efforts of the salvors in salving the vessel, other property and life;
(f) the time used and expenses and losses incurred by the salvors;
(g) the risk of liability and other risks run by the salvors or their equipment;
(h) the promptness of the services rendered;
(i) the availability and use of vessels or other equipment intended for salvage operations;
(j) the state of readiness and efficiency of the salvor's equipment and the value thereof.

http://www.smany.org/sma/salvform.html

Fast Shafts

Exship,
By your definition, almost any "tow" could be interpreted as a "salvage".
Could you educate us on how "Sea Tow" bills a client in this situation? It seems very unusual to come up with the even number of $15,000.00 ? Is the charge an hourly amount? Is the charge based on the value of the boat?
Imagine if tow truck operators charged based on the value of a car....
Sea Tow=Making fortunes from other's misfortunes.

BRUCE SEROFF

Exshipdude...

with all due respect, I understand your explanation and have read some of the Salvage criteria at the site you have linked. However, I continue to feel there should be special consideration applied in the case of a sanctioned offshore race. These considerations should be explained and agreed to prior to the race. If a towing co. is there to assist, they obviously must know the chances of a salvage op. may be possible. I know I would.
The maritime law really applies to general maritime salvage or small vessels. Not necessarily race boats on a controlled and secured race course.

such provisions should be made, and agreed upon, prior to the event and a rate for salvage (if deemed salvage) should be public knowledge. Further, I feel if there is a party present, that has the power to decide upon the fate of the vessel, they should have the option, providing there is no iminent threat to public safety or the environment.

BDevlin

Watching this particular situation from shore, it was evident that the boat was not "sinking", upside down yes, but not sinking. While I applaude Sea Tow for volunteering as a race patrol boat and carrying divers on board, I know that there were other capable boats on the water that day that would have been more than happy to put a line on the boat and give it a tow to the crane. I think that the Sea Tow boat took the lead and hooked up the boat, no one knowing the bill that was to come. I think its a shame that this operator has taken advantage of a fellow racer in such unfortunate circumstances. :C

exshipdude

Bruce,

Salvage rewards are never based on time and never should be. I wish I had a nickle for everytime I have heard the argument, "well it only took you and hour and there was no damage." My response is always, " well how much damage do you want?" This is of course after the boat has been saved only tens of feet of the rocks in four foot waves.

As far as and hourly rate, of course it can be negotiated prior to a salvage, then it is up to the salvor to decide if it is worth the time, liability etc. $250.00 per hour is close to the national average for plain towing. That is why a $119.00 for a membership is well worth it to cover normal non-emergency assistance Pushing salvage rates down only will only hurt the boater and insurance companies in the long run. At some point a salvor would rather save the people and let the property go. They would then later get paid for wreck removal. It's unfortunate but it is the way it goes.

I appreciate everyone's comments and questions, keep them coming

BRUCE SEROFF

I think that a third party (mediator) would say both parties make good arguments. But the law is the law. My only suggestion in a situation like this would be for the sanctioning body ask the towing service to extend some form of courtesy, knowing most race boats are not insured and a 15,000 bill to hook, upright and tow a vessel a couple of miles to the crane is a bit unreasonable. In this particular case, any boat could have hooked up to the race boat and pulled it out of harms way until a decision is reached as to the fate of the vessel.

If the towing co. does not accept those considerations, I think they should advise the sanctioning body that if a vessel is overturned and deemed a salvage op., the salvage rates will apply as allowed by maritme law.

this way, there are no surprises in the event of a salvage op.