Canadian Yachting April 2015 - (Page 44)
FEATURE
Towing
& Salvage
for Recreational Boaters
By drew Robertson
oreword: The editors at Canadian
Yachting recently became aware
of the subtleties and complexities
around towing and salvage and the fact
the few recreational boaters are likely to
know the difference. Also, in the situation
where a recreational boater is stranded by
an engine failure, running out of fuel or
other mishap, they may be upset or panicked and can say the wrong thing to a
potential salvor. We turned to Drew
Robertson of Skippers' Plan Insurance to
help us all better understand this situation. The properly insured recreational
boater is likely covered in either situation
but those without comprehensive coverage could be in major trouble even in a
minor mishap. Here is what Drew told
us. Andy Adams - Editor
Recreational boaters rely on the
Canadian Coast Guard to render assistance in emergency situations, but if there
are no lives at risk, the CCG does not leave
the dock. A boat that suffers damage on
the water is therefore more likely to receive
assistance from a commercial salvage
operator. The assistance provided by a
commercial operator can range from a simple, inexpensive tow to a full-blown salvage
operation with the salvors being entitled to
a significant monetary award.
Understanding the difference between
a tow and salvage can save to the boat
F
44
Canadi an Yachti ng
owner a lot of problems. Knowing the differences and how you need to manage a
situation is the best way to ensure that you
are a happy and secure boater.
WHAT IS A SALVAGE
OPERATION?
The maritime law of salvage dates back
3,000 years and has remained fairly consistent over time. The law exists to recognize and reward an individual who risks
themselves and their property to save the
marine property of others. To be considered 'salvage' the following three conditions must apply:
The boat must be "in peril". The classic example is a damaged boat at risk of
sinking or one that is on the rocks. This
can also apply to situations where there is
no immediate danger, but there is a reasonable chance of future harm. An example is a vessel that runs out of gas with a
storm approaching.
The salvage must be voluntary. This
means the salvor has no legal obligation or
duty to render service. A naval vessel saving a boat is not entitled to a salvage award.
The salvage must be successful. A salvage award is not earned unless they save
the boat, or a portion of it.
If these three conditions are met, the
person who does the salvage work is entitled to a salvage award. The service does
ApRil 2015
http://westcentralmarine.ca
Table of Contents for the Digital Edition of Canadian Yachting April 2015
Contents
Vantage Point
Waterfront
One Particular Harbour: Midland Harbour, Georgian Bay
Club Profile: Britannia Yacht Club
Feature: Inflatable Lifejacket Selection, Wear, Care and Maintenance
Galley Guys: What's New and What's Old
Feature: B.C. Boat Builder Forbes Cooper
Feature: The Ultimate Anchoring Article
Feature: Towing and Salvage
Sail Review: Bavaria Cruiser 37
CPS-ECP Port Hole
Crossing the Line
Canadian Yachting April 2015
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