Salvage rights ?????
 

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

homework
 

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

http://www.offshoreonly.com/forums/s...d.php?t=189488

Something definitely needs to be done...

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

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.:rolleyes:

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

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

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????

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

Thats what I was thinking

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.

they are, but not seatow.
hangem up by the short and curlies

When I work an event the drill goes like this,,,,,
1. Waivers/applications signed by the sweep/patrol boats include the provision that there is NO SALVAGE RIGHT applicable for any vessel volunteering to assist during a testing or racing event.
2. There is usually a provision made for the emergency recovery of boats by a "professional" . That being said, Professional can include a local, federal or other law enforcement agency with appropriate equipment.
If possible a donation or actual contracted amount is negotiated. All rescue personell/vessels are usually on the roster for dispatch to assist and accountable to Race Control.



Suffice to say that those contact

Last I heard OSS was working on this topic to protect our equipment. June Mauff is a great attorney that will have some good legal advise in the future for OSS racers. We all think it wont happen to us.
MD

How can I help? I have a 29' center console with twins. I could put a gas powered pump in it and I am dive certified.
I would offer all of this at no cost to the racers for the love of the sport.:ernaehrung004:

costs
 

i'm amazed that the race organizations let this happen. i don't know the full story but as always the racers are getting screwed. same for JEM last year in OC when he had to beach. i've heard that he had to pay alot of $$$ to get the boat back on the trailer.

people wonder why there seems to be less and less offshore racing. no prize money or atleast not enough to offset the cost of racing. then if you have the misfortune of having boat trouble it seems that your hung out to dry!!!

Hey racer-x6, I can use you in Orange Beach in August and get you a slip to keep the boat in for the weekend. Shoot me a PM if you are interested.

Ok !! well don't get left out from Kenner!! email me or call me for the best seats in the house and one rockin party paying tribute to Al Copeland, Aug 1-2-3!!! Don't forget to tell your friends ! 2 days of racing !!!!We can use all the boats we can get to stand by!!

kfp

First off I don't think that they should use Sea Tow again, period. At the St. Clair Races over the years any boat that has flipped or barrel rolled has been towed in by the Dive boat or a volunteer boat and I have never heard of any problems. You never get the money back that you have invested in Offshore Powerboat Racing or from your Poker Run boat. Let's face it, when you by a bout you know that you are never going to get the money out, that you have put into it. You do it because you love it. If there were no Poker Runs then I'm sure that there would be a lot more Offshore Powerboat racers, let's face it they have really cut into Offshore Powerboat racing but there still seems to be a large group of racers. I don't think that those responsible in the Sea Tow incident and the incidents over the years are stopping boaters from going into racing. The Government is the one's responsible for doing nothing about this problem for years and it has to stop NOW. Contact your government officials and ask them what they are going to do about it, hopefully they will change the law if they want your vote.