What Would You Do?

[pauln]

You are an experienced motor-boater who is invited by an inexperienced acquaintance to act as crew on a 60 mile coastal cruise on his boat. You know the boat to be sound and well equipped but you have never sailed on it before. The weather forecast is for moderate conditions. You set off OK but the wind is stronger than forecast and increases. Halfway through the trip your acquaintance becomes so sea-sick that he cannot continue to act as the skipper. What should you do?
Call up the coast-guard for the lifeboat or take over and try to get the boat to a safe haven. If you choose the latter what is the legal situation? If something then happens to the boat could your acquaintance sue you? Do you become liable under maritime regs such as SOLAS.

 

[longjohnsilver]

Well you could also pretend to be seasick and force him to make the decision, his responsibility after all!

If you are capable of handling the boat then you should NOT call out the lifeboat, but inform HMCG of your intended course of action. Presumably you will already have contacted them prior to departure with eta etc. If you are concerned with possible legal action then you shouldn't be on the boat to start with.

All pretty simple really IMHO.

 

[DepSol]

My insurance covers me to take control of other peoples boats if they give me their permission so I would have taken it to a safe place.

Have a dictaphone on my mobile so could even record the owner giving me permission as evidence.

Dom

Merry xmas and a happy new year

 

[muchy_]

Well, if he was that seasick he would surely just tell you to get on with it while he crawls into the nearest corner. You shouldn't call the coast guard as your not in a life or death situation. I would just take command of the vessel, get it into the nearest port and then take the mickey while he bought you pints all night long for saving his boat ;-)

 

[omega2]

If you have a mate who might do that to you let him go on his own.

J HAMER

 

[whisper]

Absolutely, but do we all know exactly how "mates" would react if big money was at stake ?
In any case you could always claim that you had to take over because of his total incapacity. You are after all, the one with the most experience.

 

[tripleace]

surely its the same as a captain going for a sleep and passing control to a crww.

Captain still liable but delegates authority to a person they trust who acts for them and with their authority.



<A target="_blank" HREF=http://www.boating-ads.co.uk/365.html> Triple Ace Link</A>

 

[mtb]

Re: dont be daft

who goes out with some one with little or no experience with them in control .
Be realistic , matey should go get training or employ competant skipper .

I'm in charge HA !!

<A target="_blank" HREF=http://homepage.ntlworld.com/boats/>http://homepage.ntlworld.com/boats/</A>

 

[byron]

<font color=blue>It's quite simple, you take command. Advise HMCG of the situation and carry on or make for the nearest safe haven. I really don't see the issue here. As regards the insurance issue... what insurance issue? </font color=blue>

http://www.alexander-advertising.co.uk

 

[Bejasus]

Sureley, if the person you were travelling with became incapacitated in such a situation, preservation of life would give you full rights to secure not only his fate but your own as well, or are you just supposed to accept your fate. I don't think so.IMHO

 

[dangcharios]

Surley this is not a serious question !

 

[rhinorhino]

Can a passenger claim salvage rights?

 

[webcraft]

Don't understand the question . . .

On a sailing vessel you would just quietly suggest to the skipper that he went below for a lay down and take the vessel to the nearest safe haven - or to her home port if you felt capable.

You would not be taking over the vesel, mutinying or whatever it is you fear - you would simply be discharging your duties as an able bodied crew member.

Why is it so different in this instance? - Or did you sign on as a passenger?

<font color=blue>Nick</font color=blue>
<A target="_blank" HREF=http://www.bluemoment.com>

</A>

 

[rich]

I agree with webcraft.I go out with less experencn skippers,mayby better typers/ but i take controle, and tell them when there wrong! ps I had my first boat when i wos 10,,,,,, i'm now 51, nearly an old Git,,,,,,HAPPY NEW YEAR!!!!!!!!!!!!
rich ) <P ID="edit"><FONT SIZE=-1>Edited by rich on 30/12/2002 23:52 (server time).</FONT></P>

 

[longjohnsilver]

You can't be an oldgit Rich, that's already been taken, atho we haven't seen much of him recently!

 

[byron]

Can a passenger claim salvage rights?

You are jesting of course.


http://www.alexander-advertising.co.uk

 

[mtb]

Re: cannibalism that\'s what it is .

Can a passenger claim salvage rights?


you coudn't go to the loo with out that bloke trying to nick your boat !!!!!!

<A target="_blank" HREF=http://homepage.ntlworld.com/boats/>http://homepage.ntlworld.com/boats/</A>

 

[duncan]

Interestingly if there was an insurance issue it would be his, the owners problem, rather than yours.
Most marine insurance insures the boat not the 'driver' - however it also puts responsibilities on the owner. In this instance the important one would insuring that the competence of the person into who's hands he is placing the craft is appropriate for the task at hand. All of this assumes a degree of incapacity; in practice your experience plus the skippers ability to be involved in decisions (assumed - I know seasickness can be completely debilitating but...) suggests that you are overall in a better position than were he to be out on his own!
Couldn't agree more with the already stated 'inform Coastguard of the situation and proposed course of action' and that of course should be a prudent one!

 

[Bergman]

Reone it

Passage Cumbria to Pith Welly

I was skipper and took sick (not seasickness) about half way - in F 5 - 6

Gave command to 18 yo son who had some experience

Recovered in time to get in to Holyhead

No choice in matter, preservation of crew and vessel only sensible consideration - can't worry about legal liability in those circumstances. Responsibility totally with skipper at all times. If son had screwed up totally my fault (he might have got a thick ear on principle though).

 

[Buck]

Take over, get into port and beat the c**p out of him.

Seems straight forward and then he will remember to take his sick pill before he sets off next time.

Ok maybe its a bit over the top but I'm tired.

Buck

Life is poo.