Boat towing question ....... - NJFishing.com Your Best Online Source for Fishing Information in New Jersey

Duffman · #1 07-10-2017, 08:51 PM

After reading the post on the main board with kudos for a tow help, I'm curious to what other boat owners think about a tow and helping out a fellow boater.

After owning boats for 30+ years I've helped people out many times on the water but never helped with a tow or tried one.

I guess my main question is of legality. I have tow ins. So never would bother someone for a tow if need be. BUT if I did ask a fellow boater for a tow, what is his legal obligation ( unsure if wording is correct ). What I mean is.....if I help you back to the dock but your boat gets damaged in the process (or mine) who is responsible?

BCinerie · #2 07-11-2017, 08:40 AM

I would tell you I would never leave anyone in danger and I am pretty reasonable. If someone flags you down you should see what they need. You do not have to tow them in. You render assistance, make sure they have provisions, contact whoever they need to contact and can wait until a tow boat arrives etc. If they want you to tow it is your choice and if you damage a boat you are on your own. The right thing would be to offer to pay for damages but most folks are clueless. If they offer you some cash at the end provided you towed them, refuse and Karma will pay you back. I have towed a few folks over the years and folks were always grateful, was never offered cash but was the right thing to do. I towed to the nearest marina or Port but not all the way home!!!

Just my thoughts

Capt. Debbie · #3 07-11-2017, 10:14 AM

It's more of liability issue. Assume a boat towing a boat on water.

It's legal to tow them unless you are doing for profit. Someone giving you gas $ for the time towed is not commercial towing and does not need a USCG towing endorsement or commercial boat.

A good Samaritan towing you- is an oral agreement between you and the Good Sam but not a contract. A contractual obligation is an agreement but the other must be given consideration ( compensation) for it to be a contract. Like paying for Boat US or Sea Tow.. So it gets to Torts area of law.

Torts or wrongs have two areas - Intentional torts and Negligent. So assuming the other guy does NOT intentionally smash you up(aka intentional Tort of conversion). It gets back to the level of care that is assumed exercised in that instance. Not gross negligence.

LEVEL OF CARE-
Given its not an expert tower, as long as he or she exercise reasonable care - you as a good Samaritan tower the expertise level is NOT real high. But it is not "anything goes" either.

Also you have a duty to mitigate losses. This means if the Good Sam is a nutcase and you know staying with them will cause further damage- YOU must end it. Else insurance will not cover you letting the other guy run up the damage costs even more. Further damage is something like: they struck something and are on a sandbar and you drag them off the sand bar without patching the KNOWN hole to sink in much deeper water.

PM me if you have any other questions?

Gerry Zagorski · #4 07-11-2017, 11:53 AM

Great advice from Frank here....

For me a decision to tow someone or not is all about what sort of issue they are having and if they are in any immediate danger, where they want to be towed to and where I'm at with my day out on the water...

If I'm on my way back and their port is close to mine, I'd offer a tow.

If on my way out, if it's something that was self inflicted like running out of fuel, unless to tow destination was close, I would offer to call Sea Tow for them. If however they were in immediate danger and or could not anchor, I would offer a tow and to the nearest port.

There are also a lot of wild cards here like weather, the size of the boat so each situation is different and you have to use your best judgment.

Capt. Debbie · #5 07-12-2017, 10:21 AM

Gerry makes a good point. Need. They Ok? I'll call USCG to put out a MARB for you? Or hail Sea Tow or Boat US for you? Most breakdowns are not in danger. Just inconvenienced.

Also and luckily it's not too common, but faked need used to be very common followed by commission of felonious crimes. Many used to travel armed especially offshore in the 1980's.

Quote:

Originally Posted by Gerry Zagorski

Great advice from Frank here....

For me a decision to tow someone or not is all about what sort of issue they are having and if they are in any immediate danger, where they want to be towed to and where I'm at with my day out on the water...

If I'm on my way back and their port is close to mine, I'd offer a tow.

If on my way out, if it's something that was self inflicted like running out of fuel, unless to tow destination was close, I would offer to call Sea Tow for them. If however they were in immediate danger and or could not anchor, I would offer a tow and to the nearest port.

There are also a lot of wild cards here like weather, the size of the boat so each situation is different and you have to use your best judgment.

bulletbob · #6 07-23-2017, 08:27 AM

I have had problems a few times over my 40+ years of owning boats.. Somehow, always managed to get up and running on my own, and never had to be towed. Thank You Lord...

However, what a sick scary feeling it is, blowing farther from port each minute at 3 knots, and not being able to do anything to stop it.. Been there more than once...

I have towed several people back to port over the years, and have ended my fishing day to do it.. I am NOT a samaritan, or even a "good neighbor", but I know that sick feeling of being stranded, and its frightening.

One really should render assistance to a stranded boater, even though it is not a law.. It IS the right thing.. You might be saving a life, you never know.

I have personally seen a 14 foot boat in distress, completely swamped, engine out, in a heavy wind and building whitecaps in a sudden squall in raritan bay.. I was able to do little as I and my son were also in a 14 footer caught in the same squall, but I stayed close by to them and stayed bow into the wind, ready to at least rescue them if they started going down,, I could not do much for their swamped boat in those heavy winds.. I will never forget to my dying day, the number of big cruising vessels, and big sturdy center consoles, that passed right by those 2 guys without even asking them if they needed help, including 2 guys on a big CC maybe 23 feet that were right next to them, watching the guys getting swamped, tackle boxes and coolers float away, fishing rods sink, and just kept on trying to catch fluke, laughing, jigging away. having a grand old time, then just moving a few hundred yards away and beginning a new drift..... After about 15 minutes one CC that was passing by finally threw them a line, and got them to close shore anyway, and then left them there.
At least they were safe.. I was shocked at the callousness and indifference of so many boaters that could and should have helped , and couldn't be bothered..
Never again did I take my tin 14 ft boat into the bay, for 2 reasons..
1- There but for the grace of God, Go I.. It could have been me, instead of "the other guy"
2.. Because of the limitations I had , I was powerless to make a real difference.
I hope that never happens again.

Its not a law, but I feel all boaters have a moral obligation to help any boater in any kind of distress, even running out of gas... Even at the cost of ending a fishing trip early.. Indifference toward the plight of fellow boaters is inexcusable...
If something gets damaged when towing someone,, hash it out later. get that disabled boat and passengers to safety first, and deal with the other crap later... bob

Striper80 · #7 07-23-2017, 07:05 PM

I remember about 13 years ago I took my girlfriend, now wife, for a ride on my grandfathers boat. It was late afternoon on a Sunday and in my rush to show her my boating ability I left the handheld vhf and my cellphone at the house. We just got out into great bay when I realized my error and decided it was best to turn around. Mid u- turn the boat stalled and wouldn't start. Luckily not 5 min after 2 guys in a pontoon boat pulled up and offered to tow us in. Turned out they lived one lagoon over and wouldn't take a dime. Those guys saved my ass that evening. Turned out to be a blown coil and there wasn't a spare on the boat. I never leave the dock without a phone and a vhf anymore.

Capt. Debbie · #8 07-24-2017, 10:53 AM

There are still good people out there. Sadly the scum bags are the ones we usually hear about.

I've never been towed in for free. But have towed another in for free. Oh well. I should have met myself. LOL

Quote:

Originally Posted by Striper80

I remember about 13 years ago I took my girlfriend, now wife, for a ride on my grandfathers boat. It was late afternoon on a Sunday and in my rush to show her my boating ability I left the handheld vhf and my cellphone at the house. We just got out into great bay when I realized my error and decided it was best to turn around. Mid u- turn the boat stalled and wouldn't start. Luckily not 5 min after 2 guys in a pontoon boat pulled up and offered to tow us in. Turned out they lived one lagoon over and wouldn't take a dime. Those guys saved my ass that evening. Turned out to be a blown coil and there wasn't a spare on the boat. I never leave the dock without a phone and a vhf anymore.