Responsibility to MAY DAY call?

[gn85]

Hello all,

I'm new to boating and just bought my first boat. My wife and I were watching Coast Guard Alaska and it brought up the question of what responsibility a recreational boater has to responding to a MAY DAY call.

I doubt I'd ever be in a situation where Coast Guard couldn't respond, but the question still remains. What responsibility to I have as a boater if Coast Guard couldn't respond, or I'm in a position to assist.

 

[SigSaurP229]

Re: Responsibility to MAY DAY call?

I would think legally none. I would think morally would be a different situation though I am sure i am wrong on this though

 

[foodfisher]

Re: Responsibility to MAY DAY call?

Responsibility? Don't know. Assist if you can. Pass the word if you can't.

 

[Ike-110722]

Re: Responsibility to MAY DAY call?

If you hear a mayday, wait to see if the Coast Guard answers. If they do, and you are near the MAY DAY, wait until they are off air and inform them of your location, and if you should assist. They may say yes, they may not. If they do not respond to the original MAY DAY, attempt to contact the Coast Guard and relay the information. Use the words MAY DAY RELAY. The person making the May Day may be out of the range of the Coast Guard. If there is no answer from the Coast Guard try to raise anyone who can relay the message. Try to contact the MAY DAY and get a position and description and relay that. Find out how far away you are from the May Day. If it is close, go there and assist if you can. There is no legal obligation to do so, but it is a long standing practice (going back to the beginning of sea faring) that you always assist if you can, but don't put yourself in imminent danger. The USCG doesn't need two boats to rescue. For instance if the other boat is in the surf, don't go there. If the other boat is rapidly sinking, take the people off but do not attempt to tow it.

There is no liability to you if you attempt to assist and something bad happens. You are protected by the law (It's called the Good Samaritan law) So don't worry about damaging the other boat. However, unless you have experience with towing, it is not a good idea to try to tow someone unless it is absolutely necessary. Towing can be very dangerous. Leave it to the pros.

Also if you are involved in an accident and the other vessel is in danger you are required by law to assist, if you can. It's the same as leaving the scene of an auto accident. You don't leave until you are sure everyone is ok and assistance has arrived, or the Coast Guard/LEOs tell you to go.

Chapter 4 of Chapman's Piloting, Seamanship and Small Boat Handling covers emergencies. I suggest you get a copy and read it. You would be best buying your own copy, but you can find it at most libraries.

This is also covered in most boating courses. If you haven't taken one I suggest you contact your local Coast Guard Auxiliary, the US Power Squadron, or your state boating authority, and take a course.

 

[Home Cookin']

Re: Responsibility to MAY DAY call?

Good advice, Peter.

One reason to carry both safety equipment and repair tools is to assist others. The mayday caller might not have flares, PFD's, etc. Very good point about relaying messages.

Like most internet legal advice, the advice about the "good samaritan law" is not exactly right. They are laws that vary widely state by state and may not apply to you or your situation. But when it comes to helping others in danger, legal liability should be the least of your worries. Just do your best, but if you assume a duty to help someone, don't abandon them.

 

[JB]

Re: Responsibility to MAY DAY call?

International marine law and thousands of years of seafaring tradition require any vessel to render aid to a vessel in distress. Those people can just as well die in fresh water as at sea. They can also die while you linger around waiting to see if the CG is going to respond.

 

[jayhanig]

Re: Responsibility to MAY DAY call?

Put yourself in the position of the boater who broadcast the mayday. Would he be happy to see you? I have broadcast one mayday in my entire life and I wasn't picky about who came to help me.

 

[chriscraft254]

Re: Responsibility to MAY DAY call?

From my understanding your required to lend assistance only if it is a life threatening situation but only if it does not endanger your own vessel or crews lives. Personally I would help anyone disabled or in trouble, what comes around goes around.

 

[gn85]

Re: Responsibility to MAY DAY call?

Thanks to everyone for such great responses. Peter, your answer would have been everything I would think to say if I had to make my best educated guess. But being a newbie to boating, I don't pretend I'm an old pro just because I've puttered around in a jet ski a handful of times.

In real life, I only hope that anything and everything I can do will be helpful, should a situation arise. Let the legal system sort it out later. I agree, that I would hope someone would hear and respond to my MAY DAY, USCG or just the random boater.

I was just more curious to know if there were any actual laws on the books requiring a boater to render aid (to the best of your ability).

Thanks again.

 

[Ike-110722]

Re: Responsibility to MAY DAY call?

Like most internet legal advice, the advice about the "good samaritan law" is not exactly right.

I was not giving legal advice. I am not an attorney. I am an engineer and retired Coast Guard who spent 25 years in boating safety, and 9 years doing other USCG stuff, mostly on ships. It was meant to be a general statement. To try to encapsulate the laws of all of the states in a post would be folly.

That is why I said, read up, or take a class. They asked a very good intelligent question so obviously they want to know.

But, here is a link to the state Good Samaritan laws State Good Samaritan Laws. Also any query about state boating laws should be directed to the State Boating Law Administrator for your state. State Boating Law Administrators Directory

In addition, my comment about letting the pros do it was also a general comment. It all depends on the situation. If someone is in imminent danger by all means do what you can within your knowledge and skills. But if that is not the case take the people off the boat and standby until the pros arrive. Few recreational boaters have adequate towing equipment, dewatering pumps, or fire fighting equipment. Few recreational boaters have any training in using a proper towing bridal, how to rig one correctly, the size of lines to use, how to regulate the speed and how to establish a correct distance between yourself and the towing vessel. In addition snapped lines (especially nylon) are killers. This is especially true of a smaller boat trying to tow a larger, much heavier boat. Do you know how to and how to use the correct fire fighting agent for a gasoline fire? Do you know how to plug a broken through hull ftting, or even have the correct plugs on hand?

Yes, they may be happy to see you but when you pull the bow eye out of their boat, crush the rails while coming alongside, or other damage to their boat, they may not be so happy. I can tell some tales of "rescues" that went seriously bad, even with the pros. Plus that, far too many people have gotten themselves into trouble by going far beyond their own capabilities or their boat's capabilities. So caution and prudence are the rule of the day. How many people know how to approach a drifting boat in other than calm weather? How many know what the first thing is you tell the people in the distressed boat? (It's put on your life jackets! Now you know.)

The Coast Guard and other maritime agencies spend many days learning and practicing these things. So at least let them show what they can do!

PS: Title 46 United States Code Section 2304 does require the master of a vessel to render assistance so long as they can do so without endangering themselves:

Sec. 2304. Duty to provide assistance at sea

(a)
(1) A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel or individuals on board.
(2) Paragraph (1) does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.
(b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.

 

[UncleWillie]

Re: Responsibility to MAY DAY call?

I was just more curious to know if there were any actual laws on the books requiring a boater to render aid (to the best of your ability).

Yes, There is!

46USC 2304

FEDERAL REQUIREMENTS FOR RECREATIONAL BOATS
Rendering Assistance (46USC 2304)
The master or person in charge of a vessel is obligated by law to provide assistance that can be safely provided to any individual in danger at sea.
The master or person in charge is subject to a fine of not more than $1,000, imprisoned for not more than 2 years, or both, for failure to do so.

 

[Mikeyboy]

Re: Responsibility to MAY DAY call?

That is interesting information. I was always under the impression that is you heard a mayday and were within range you were required to respond, but I am by no way informed on such matters. I don't have a radio on my boat but I would like to think if I did and I heard a mayday I would at least try to help.

 

[roscoe]

Re: Responsibility to MAY DAY call?

You do have a responsibility, if you have a radio, and if it is turned on, that you monitor channel 16.

 

[JoLin]

Re: Responsibility to MAY DAY call?

From my understanding your required to lend assistance only if it is a life threatening situation but only if it does not endanger your own vessel or crews lives. Personally I would help anyone disabled or in trouble, what comes around goes around.

One should always assume that a 'MAYDAY' call was made because of a life-threatening situation. If you are in a serious but non-life-threatening situation, the proper distress call is 'PON-PON'.

I'm not saying that MAYDAY calls aren't sometimes made erroneously, but if you hear one, you should assume the boater is in deep s**t and act accordingly. As chriscraft stated, the safety of your own vessel and passengers should be paramount.

As somebody else said, if you don't know this stuff, you should take a boater safety course.

My .02

 

[oops!]

Re: Responsibility to MAY DAY call?

dont know about the states.

but in canada.....

you are required to respond if in range and render assistance, if you can with out endangering your vessel, or the lives aboard.

i hold an aeronautical radio license and a broadcast radio licence.

if a MAYDAY MAYDAY MAYDAY is broadcast.
it is the responsibility of the issuer to

broadcast the name of the vessel
broadcast the location
broadcast the emergency (why is the mayday being issued?) (we are sinking !)
broad cast what type of assistance you need.
the number of souls on board.

IE.......this is the good ship lollypop. we are at xxx longitude and xxx latitude.
we are taking on water and are sinking. we need immediate rescue.
there are 5 crew and passengers on board.......OVER.

then shut up ! .......listen for a response......and re broadcast if necessary.

the mayday may be only issued if a vessel or lives are in imminent danger.

if a vessel is in trouble, and the possibility of a mayday situation occurring.
or a vessel requiring URGENT assistance is required, where as a life might be in danger.
a PAN PAN ...PAN PAN....PAN PAN is issued.

(a medical emergency on board or other life threatening circumstance)

same format....

broadcast the name of the vessel
broadcast the location
broadcast the urgency (why is the PAN PAN being issued?) (joe is having a heart attack !)
broad cast what type of assistance you need.
the number of souls on board is not necessary unless the urgency requires a rescue.
(ie, a ship is going to hit some rocks)

it is the law that you respond......repeat to the necessary authorities....and if able to, render assistance.

in the pleasure boat world, even a person waving there arms above their heads, is a call for assistance.
via sight, you do not know, and are obligated by law to assist.

geez////it took me a while to write this and spell check it.......i really hope it comes in handy to someone some day....lol

 

[oops!]

Re: Responsibility to MAY DAY call?

on the other hand...

false mayday's or pan pan's are a real concern....

so if you around a radio having a few "sody pops" and think its funny to broadcast a pan pan or a mayday.

you are dead wrong.

people WILL be sent looking for you. at a tremendous cost.

via triangulation....they will find you...

after you spend a few days in the crow bar hotel.

you will be fined the cost of the search, (in many instances, this can be well over 100 people at 150 bux an hour each.....you do the math !)

then...there is the jail sentence.......it will come.......and i was only joking wont cut it.

 

[JoLin]

Re: Responsibility to MAY DAY call?

if a vessel is in trouble, and the possibility of a mayday situation occurring.
or a vessel requiring URGENT assistance is required, where as a life might be in danger.
a PAN PAN ...PAN PAN....PAN PAN is issued.

(a medical emergency on board or other life threatening circumstance)

Good post, but I'm going to split hairs with you just a little...

if it's a life-threatening circumstance or medical emergency, a MAYDAY call is in order. A PAN-PAN call (I spelled it incorrectly above- it's pronounced PON-PON) assumes urgency, but no immediate danger to the vessel or anyone's life. I think it's generally considered a 'heads up' that there's a serious situation aboard. It allows the skipper an opportunity to provide advance location and other information in the event everything goes to crap later.

My .02

 

[oops!]

Re: Responsibility to MAY DAY call?

let me got my book (but tommorow....lol...its 20 mis to 5 am here)

im sure a medical is a pan pan......but let find out for sure buddy .....these threads are held in the archives, so lets be accurate.

this aint no what's better,,,,,,an aluminium boat or a fiberglass boat thread !

 

[oops!]

Re: Responsibility to MAY DAY call?

here it is......


Medical assistance
A "pan-pan medico" call is appropriate if someone becomes injured or in need of medical help at sea. If the vessel is heading to shore and wants to be met by an ambulance crew, the local Coast Guard station can arrange this. A doctor or other trained medical advisor may also be available on the radio, perhaps by patching through via telephone from ashore or from a nearby vessel. Again, if there is immediate risk to life, then a Mayday call is more appropriate. "Pan-pan medico" is no longer in official use.[7]

Marine Rescue Organisations, such as Coastal Patrol, Coast Guard & Search and Rescue listen on marine radio frequencies for all distress calls including "pan-pan". These organisations can coordinate or assist and can relay such calls to other stations that may be better able to do so.

here is the wikipida link

http://en.wikipedia.org/wiki/Pan-pan

lol...im going to bed now.....

 

[Home Cookin']

Re: Responsibility to MAY DAY call?

one thing this discussion presumes is that the "mayday" call is a true emergency, and you have to regard any mayday call as if it is, even though many will turn out to be a safe mechanical failure (compare running out of gas to an engine fire) or worse, a hoax. Living here on the coast I've seen a share of hoaxes and the consequences are severe--including the cost of flying a SAR chopper or plane.

So for the less experienced, don't use "mayday" for ordinary boating problems. for that you have your paddle and the number for seatow written down.

As others noted, there are two aspects: the legal requirement to assist, and the "right thing to do." I have no legal obligation to help the healthy teen with a paddle who has broken down in the middle of the river. But I will. If I encounter someone safe in the middle of the day who has run out of gas, and a tow for an hour or so would scrap my fishing trip, I might not. I have done at least one tow a season while night fishing in the winter, and missed some fishing for it.

and towing the kinds of boats most of us in this forum use is no big deal.