Good Samaritan Towing Regulations?

[26aftcab454]

Re: Good Samaritan Towing Regulations?

I towed in a sail boat last Sunday that the yahoos could not sail and their motor was not running. last summer I think i towed several boats in and once was towed myself. I ran my mechanical fuel pump until it quite at the other end of the lake after midnight with the in-laws & kids- luckyI had some buds there pull me the 8miles for 2 1/2hrs. gave them $20 for gas.

All I can say is use common sense. becareful, and what comes around goes around.

 

[PiratePast40]

Re: Good Samaritan Towing Regulations?

USCG Reg. 23.401-a: The vessel being towed shall display a white or black pole from 6 to 9 feet in length, from the center of the transom, held by a passenger at a 60 to 45 degree angle from the transom. The pole shall have at least 3 and no more than 6 eyelets, through which a monofilament line is run. The terminal end of said line shall be affixed to a metal or plastic device, either shiny or colored, and dragged at least 75' behind the vessel. The bitter end of said device shall be attached to a winch or other retrieval mechanism operated by hand. If there are two (2) passengers on the vessel being towed, each may hold a similar device, one from the port quarter of the stern and one from the starboard. All fish caught with such devices shall be shared with the captain of the towing vessel.

That is all.

I glanced at that and then the phone rang. Had to check out some drawings and came back to it for a few seconds but got distracted again. You had me going there for awhile !

 

[And-Con]

Re: Good Samaritan Towing Regulations?

I have both given and received tows, I would never consider knowingly leaving someone stranded. Even in the car if there's someone on the side of the road with a flat I pull over and see if they need help. I recently learned (the hard way) the towing rate for both Seatow and Boat US for nonmembers. Seatow runs 300/hour(transit time included) plus 12/foot for tows, and boat us charges 200/hr(also with transit time) and 13/ft. of course for members that's not an issue, but as i covered in a previous thread, a very brief tow ~15 minutes in our biggest boat ran $1080 after transit and all was added on.

Also i thought there was some legal reason to use the disabled vessels line but extensive googleing has come up with no validity to that.

 

[Boatist]

Re: Good Samaritan Towing Regulations?

Also i thought there was some legal reason to use the disabled vessels line but extensive googleing has come up with no validity to that.

Durning the time when the California Courts had said that Good Samaritan laws only applied to medical Emergency I was talking to the Coast Guard Aux. One thing he said was never use my lines or equipment to tow someone. He said make you much more likely to be sued.

I explained to him I would never use their gear to tow because most only have light weight ski lines that would easily brake and maybe hurt someone. Also that everyone I have towed had nothing ready. They usually only worry about how much beer they have on board.

He kind of agreed but then said what they do is give the vessel one of their lines. Then ask if they would like to use the line to be towed in. I said would that really work in court. He said that they think so.

I still would not do it. After the first big boat I towed in with my small 14 foot Aluminum boat I decided to build a good towing bridal. I towed a 30 foot twin engine offshore racing boat with my little 14 footer but if I tied to either stern towing eye I could not steer the boat. The boat was so much heavier than my little 150 pound 14 footer.
I got them off the rocks out to center channel then figured a way to connect the tow line where I could still Steer. What I did was to tie the tow line around my 15 hp motor. This worked pretty well as when I turned the motor the tow line at the back of the motor would shift to the side that would also help me turn in the direction I wanted to go. Luckly only had to go about 1/2 mile up stream. I do not think they even got either motor to start. They apparently backed the boat down with 3 on board and no line attached. The boat continued out pass the dock into the current of the river. So they drift down stream and the wind was blowing them on to the rocks along the river banks. This guy was a rich high class jerk and had no boating knowledge. The Two ladies on board were very nice.

He was probably embarised being tow in tow in by a $400 dollar boat with a $600 dollar motor and a 18 year old kid and my dog.

I got him back to the dock and he did not even say thanks.

 

[smokeonthewater]

Re: Good Samaritan Towing Regulations?

if you had been a little more experienced in such matters you could have towed him to the bank where he could tie up and then taken his ladies to "safety"

 

[Home Cookin']

Re: Good Samaritan Towing Regulations?

kill the males, capture the females, strip and scuttle the vessel. Aaargh!

 

[skargo]

Re: Good Samaritan Towing Regulations?

kill the males, capture the females, strip and scuttle the vessel. Aaargh!

 

[ratlsnaktj]

Re: Good Samaritan Towing Regulations?

Towing with the standard anchor line that most have on boats is really risky. Sun damage, damage to the line's core could be not visible. If that line breaks it could snap back and injure or kill the someone on the towing vessel or the towed vessel. If that happens no Good Sam law will protect you, and your boat insurance won't either. The commercial towing guys are insured, licensed by the Coast guard, and have the right equipment to get the job done. It's best to join up with one of them and let the pros handle it. Its also illegal for any compensation to change hands for being towed in unless the person on the towing boat has a captains license with towing license. In the eyes of the law, dollars or even a six pack counts as compensation.

 

[Home Cookin']

Re: Good Samaritan Towing Regulations?

If the line breaks you are NOT liable and your medical insurance will cover your injuries. Your liability insurance will probably cover you and the people injured. If you use the other guy's line you are even more likely not to be at fault.

negligence and tort liability requires A) a duty owed to someone and B) a breach of the duty. You can assume a duty. Typically you only owe them ordinary care, not perfection.

However if you take any money you are at greater risk b/c then you assume a commercial standard of care, and possibly void your coverage. Typically, money changes hands after a safe and successful tow, doesn't it? so it's a moot point. But to say "I'll tow you in for $50" or "that cooler of beer" or "that wench on the deck" before towing, and there is a mishap, you have problems.

BTW I towed a guy back to the ramp Sunday. Water in the gas. Didn't give it a second thought--or take anything.

 

[ratlsnaktj]

Re: Good Samaritan Towing Regulations?

It's not just a liability issue if you take money (or beer or "that wrench") it is against Federal law (46 USC Sec. 8904.b). Most insurance carriers will void the policy if you use the boat to tow because it is not the intended use of the vessel.

 

[skargo]

Re: Good Samaritan Towing Regulations?

I would NEVER charge anyone regardless, just like I don't charge my neighbors to plow their driveways, or too help someone that is stuck. Life's too short to be charging people for acting decent. Just my opinion

 

[Home Cookin']

Re: Good Samaritan Towing Regulations?

"Most insurance carriers will void the policy if you use the boat to tow because it is not the intended use of the vessel."

How do you know this? Doesn't seem likely to me (excluding commercial towing). Do you personally know of claims being denied?

I just read my policy and towing is not an exclusion. There are others, including "illegal acts." However, the kind of assistance towing we are talking about is a forseeable use consistent with recreation and leisure.

 

[Stachi]

Re: Good Samaritan Towing Regulations?

if you had been a little more experienced in such matters you could have towed him to the bank where he could tie up and then taken his ladies to "safety"

ahhh...kids,... when will they learn....

 

[H20Rat]

Re: Good Samaritan Towing Regulations?

<---- used to work in insurance, would absolutely assist someone in need of a tow if safe to do so. (and often do, pulled a couple pontoons off sandbars last year)


Insurance policies are NOT void for towing, at least none that I've seen. If you are doing it for commercial gain, then obviously you have issues, but that doesn't mean you can't accept some nominal cash or a 6 pack AFTER the tow, assuming you didn't put a price on before.

why is towing not excluded you ask... Where do you draw the line? Can I tow a kid on a tube? How about a kid on a rubber raft? How about an adult on a rubber raft with a trolling motor. Now turn that raft into a zodiac. Might as well add a small gas engine. At this point there isn't much difference between that and a regular old pontoon. Anyway, my point is towing is allowed.

 

[cvtech1]

Re: Good Samaritan Towing Regulations?

Bottom line, towing someone could possibly save a life. Just think if you where the one stranded!

 

[ratlsnaktj]

Re: Good Samaritan Towing Regulations?

Insurance policies are NOT void for towing, at least none that I've seen. If you are doing it for commercial gain, then obviously you have issues, but that doesn't mean you can't accept some nominal cash or a 6 pack AFTER the tow, assuming you didn't put a price on before.

If you accept some cash even nominal or a six pack after the tow it is considered under the federal law to be towing for consideration, thereby doing so without being licensed IS breaking the law which as you state could cause issues with insurance coverage and for is commercial gain. See my earlier post for the exact citation of where you can find it in the US Code.

 

[cribber]

Re: Good Samaritan Towing Regulations?

I'll get you to shore one way or another within my means... and I'll help you get your boat to safety or secured if possible.

 

[backwater dawg]

Re: Good Samaritan Towing Regulations?

Here in Pa, as I understand it, ALL persons in the towed boat must WEAR a pfd while under tow. If they do not, the tower is liable for the citation issued by our overzealous water police.

I have towed more than a couple of people, and some have offered me money. My standard reply is: I have been towed myself. Next time you see someone needing a tow, pass my help on.

Good job Frank----how about a little comman sense here--if someone is adrift--help them SAFELY--I have towed in plenty of people over the years and thank god--with twin engines--I have'nt needed the favor returned----but ya never know???????????????

 

[Home Cookin']

Re: Good Samaritan Towing Regulations?

Ratlsnake--stop and think about for a minute--insurance is only an issue if there is an accident. No one is going to give you cash or a six-pack after an accident. That is why it is imperative to start off doing it for free. Once you're safe and sound, who cares? Is the guy you helped going to give you a six pack, then call the Feds on you to collect the reward?


Anyway there's an old saying that anyone who does a good deed for the hope of a reward is always disappointed in the reward.

Frank, your post is interesting--if there is a state law that requires people being towed to wear PFD's, then it can't be illegal to tow. for free, that is.
Speaking of which, the CG and others around here always make the people being towed wear those ugly orange life preservers, to add to the embarassment as they are dragged to the marina in their derelict vessel!

 

[Summer Fun]

Re: Good Samaritan Towing Regulations?

I helped this guy out and he give me $200 cash for gas money.
You guys worry too much about nothing.
View attachment 48904 View attachment 48905