You have to weather the storm

Ah, to be a man. To master the sea. To feel the spray on your face. To weather the storm. It sounds so romantic until, you know, you're caught in it.

Boat long enough and you'll eventually run aground, they say. Cruise the Chesapeake long enough and you'll get caught in a squall.

Today's Washington Post tells the story of Steve Murfin who was caught in a violent storm last August. Murfin was tooling around the Eastern Bay just off St. Michael's (If you don't know where that is, you're just not a Bay boater) in his 17-foot Boston Whaler.

Murfin had been tracking the approach of a storm. He decided to head to home port about 90 minutes before the weather was predicted to hit. Then, two bad things happened. First he couldn't start his engine. Second, the squall hit at just that moment. Like Gilligan, Murfin's tiny ship was tossed.

A Good Samaritan on board the vessel Her Baby arrived and gave Murfin a tow through the worst of the storm. The Post's description of that adventure is as stirring as any you'll find in classic sea yarns.

Her Baby towed Murfin safely to his dock on the Wye River. She departed without Murfin so much as knowing her captain's name. Just another example of good boaters being good boaters.

Captains are expected to help other boaters in distress, if it is within their capability to do so and when such help does not constitute a danger to themselves. This is especially true in the case of accident.

The Boat Handling S102 manual (2002) of the Power Squadron's Seamanship Course has these legal tips for captains offering Good Samaritan tows:

1.  The skipper (of the towing boat) must have the proper equipment and be mentally prepared.
2. Insurance coverage may change if you tow someone. Don't wait until you are faced with a towing situation to look into this. Check your insurance policy now--and every time it is renewed.
3. Before towing, make sure actions are appropriate, reasonable and properly documented because they are subject to review in the event of mishap, damage, or injury. Keep a detailed log of every action taken.
4. Under no circumstances should the owner of the boat doing the towing accept anything of value from the owner or crew of the boat to be towed. Such acceptance is regarded as being engaged in the business of commercial towing.
5. The towing boat skipper should make clear that it is his /her intention to help a fellow boater. The owner of the towed boat must make clear that the assistance provided does not constitute a salvage operation. Crews should remain on their respective boats. If the crew from the towing boat boards the boat to be towed, there is possibly the implication that the skipper of the boat to be towed has surrendered command. The towing skipper should use lines from the boat to be towed.

If the above gives a captain pause, the federal government provides legal cover for Good Samaritan under the Federal Boat Safety Act of 1971 (FBSA/71). It's summarized in the 64th Edition of Chapman Piloting and Seamanship as follows: 

Any person who gratuitously and in good faith renders assistance at the scene of an accident or other boating casualty without the objection of any person being assisted cannot be held liable for any civil damages as a result of rendering assistance, or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when he acts as an ordinary, reasonably prudent person would have under the same or similar circumstances. 

When you have to weather the storm, it's good to have help.

Postscript: When the words "federal" and "boating" appear in the same sentence, it applies to navigable waters. To me, that means water under the control of the U.S. Army Corps of Engineers and patrolled by the U.S. Coast Guard. States have Good Samaritan laws, but each have their own local twist. Federal or State, Good Samaritans are not expected to, and should not, attempt something beyond their ability. Standing by until the authorities arrive is also a Good Samaritan act.

Photo Credit: www.whaler.com