a different kind of wheeling

[captpete13]

I was going to post on Spare's thread but I didn't want to hyjack.
We had a boat wash up on the beach yesterday morning. I got a chance to really test out the new 9000lb winches I put on my trailer. We drove out onto the beach with the trailer and a few trucks. I winched the boat out of the surf,onto the trailer and then we drove the whole thing off the beach.

[Hedge]

Any idea who's boat it is or where they are?

[willy]

Is that a salvage job and you own her?

[step up here]

wow!!!!!!!!!!!! Capt Pete is that a 91 bronco leading the pack? good to see Tow Boat US got the job done.and yes your winch had enough snot. just a few more pictures for the brochure. any info on what happen?

[Destroyer]

Originally Posted by willy

Is that a salvage job and you own her?

Willy, unfortunately, no. Boy, she is a prize though. Really nice looking boat. I sure hope she didn't sustain any hull damage in her grounding. But to answer your question about ownership, even though I (of course) knew the answer I did a little surfin on the 'net to get you the proper, legal answer. The following is the best description I could find to give you a clear answer without a lot of legal mumbo-jumbo: (I took the liberty of underlining and boldfacing the pertinent lines for you)

A frequent complaint heard by salvors from both vessel owners and their insurers is that the salvor did not obtain permission prior to beginning salvage operations and thus became a trespasser or officious inter-meddler. There is no question but that salvage services cannot be thrust upon an unwilling vessel master or owner who refuses them. However, it is not necessary that the vessel master or owner affirmatively agree to the rendering of salvage services if, under the circumstances, a prudent man would have accepted. Thus, it will be a question of fact as to whether the vessel master or owner took affirmative steps to decline salvage services or implicitly agreed to them. When a vessel is exposed to a marine peril and no one is aboard to refuse or accept the salvage services (whether it is derelict, abandoned or has simply been temporarily left), it is not necessary for the salvor to attempt to locate the owner or to obtain permission prior to undertaking salvage operations. Under such circumstances, the salvor is not a trespasser but may proceed to assist the vessel and make a claim for a salvage award.
With regard to the salvor's right to retain possession of the vessel, the answer is less clear. The salvor who has earned the right to a salvage award through successful, voluntary salvage services to a vessel in peril has a high-priority possessory, preferred maritime lien on the vessel. A salvor in possession of a vessel is not bound to surrender it on demand to the owner until reasonable security has been provided for his claim. On the other hand, the salvor must move with all deliberate speed to either arrange for the posting of security or bring an action in rem against the vessel to foreclose his lien. However, it is improper for the salvor to deny the owner or his agents access to his vessel or property to inspect or preserve it. Thus, the general rule is that the salvor may retain possession of a vessel until either the owner posts adequate security or it is established that he will not. The salvor must, in the former case, release the vessel to the owner or, in the latter case, turn the vessel over to the U.S. Marshal and proceed to foreclose his lien. When the salvor is not in possession of the vessel, such as when he tows a vessel with its crew still aboard off a strand and it then can proceed on its own, there is little that the salvor can do when the vessel throws off the towline and departs. The salvor must rely on his lien and seek enforcement by an action against the vessel or its owner. The question of ownership of "abandoned" vessels is a thorny one which is much given to both litigation and misunderstanding. Indeed, even the concept of what constitutes an "abandoned" vessel is confusing to many because the law uses the term "abandoned" variously for different purposes. One of the most popular myths associated with salvage is that a derelict vessel found adrift or abandoned becomes the property of the finder.
Technically, an "abandoned" vessel, more properly called by the proper nautical term "derelict", is one which was left by its crew without intention to return and without hope of recovery. Such a vessel may also be properly called a wreck. Previously, whether or not a vessel had been "abandoned" and becomes a derelict was extremely significant because the customary award in such cases was a moiety (half) of the vessel's value. However, that practice has long since been abandoned. Today, such circumstances affect the salvage award only in the degree of peril from which the vessel was saved.
Even when a vessel is "abandoned" and left without intention to return or hope of recovery, the vessel remains the property of her owner absent some affirmative act by the owner which clearly and convincingly establishes a positive intent on the part of the owner to part with ownership. The salvor who finds such a vessel obtains a possessory lien on the vessel but not ownership. The salvor must care for the vessel and make reasonable efforts to identify and locate the owner. The salvor may, of course, file an in rem action to foreclose his salvage lien and, if the owner fails to appear or make suitable arrangements to pay the salvage award, the salvor may bid his judgment at the marshal's sale and obtain clear title to the vessel.

[captpete13]

The boats owner and crew were out fishing. At some point the inspection plate in the splashwell fell off and they did not notice. The boat filled up with water by the time they realized. The owner decided to beach the boat. That's when we were called in. Before we do anything we make sure the owner requested our assistance. And if they are not insured we secure payment first also. After we got it off the beach I took the boat to the marina that the owner requested for repairs. The hull was fine. Its missing a lot of bottom paint now and needs several hundred pounds of sand removed from it. Probably a trim tab or two. But otherwise it's ok. As for the Bronco I'm not sure of the year. It belongs to my boss's son. It has a 4" lift and 35" tires. Its a pretty cool truck. He was connected to my boss's truck,an F350 diesel. And he was connected to me towing the trailer. The train effect is necessary because of the load of the boat on the trailer one truck is never enough to get going. Unloaded my truck pulls the trailer just fine though. We have done it this way for a long time now and it has been very successful. I'm just glad I got them new winches. They worked like a charm.

[spareparts]

Capt'n Pete, its good to hear you guys do it right and legal, I've heard so many horror story's about the two services all up and down the coast, some people I personally know are on on both sides of the tow. I know of tow operators trying to trick boat owners into taking a line or getting off their boat just so the tow operators can claim more money. I've seen pumps deliberately delayed so a boat would be considered salvage rather than saved. I've witnessed complete idiocy by tow operators that resulted in unnecessary damage to the boat in question and the boats surrounding them.I've had boat owners that have had to present firearms(barrel end) to tow operators to get their point across about not wanting their assistance. The red boat operators that used to be down here were brought up on piracy charges more than once(always settled out of court) they are no longer the red boat operators here. The new owner seems to be much better than the old operator. The yellow boats have a better rep in this area, but I understand outside of Charleston, its completely different. I used to think tow truck operators were vultures, compared to most of the boat towing operators they are good samaratines. I personally think that the laws governing the tow operations need to be changed, at least updated to the 20th century(21st is asking too much). I don't have a tow service, I need to get one. I've always had someone I know nearby to lend a hand. I've always been told to never take a line from a tow operator unless i was willing to pay out, and to never get off of the boat, unless its going under

[Destroyer]

Question... I know that at one time it was the law, but is it no longer the law that any nearby boat operator must render aid to a boat in distress?? and that includes towing to safe harbor if necessary.

[spareparts]

I've always heard that if a vessel was in distress and you could aide without putting yourself in distress, you are obligated by law to assist. I don't know if its true, but its something I've always tried to do. I've also heard that if you have a VHF on board, you are required to have it on and monitoring ch 16 if your not using it on another channel

[Destroyer]

Originally Posted by spareparts

I've always heard that if a vessel was in distress and you could aide without putting yourself in distress, you are obligated by law to assist. I don't know if its true, but its something I've always tried to do. I've also heard that if you have a VHF on board, you are required to have it on and monitoring ch 16 if your not using it on another channel

That's exactly what I've always been told/heard and do also.. My VHF monitors and then automatically switches to ch 16 for any transmission, so I'm covered there.