Re: Good Samaritan Towing Regulations?
I think every situation stands on its own and has to be evaluated in the moment. Last summer I was the first to arrive on the scene of a boat that had just sunk. The family on the boat was new to boating and they forgot the plug. They only made it about 300 yards from the ramp before sinking, but this was plenty far from the shore to be dangerous for them. This boat was filled with 3 women (2 of whom could not swim), and 5 kids who were all under the age of 10. Only 1 of the women had a PFD, and she was nearly full term pregnant. What ensued was an immediate need for rescuing assistance. I don't have any type of first responder training, but I can be reasonable with my thoughts and actions, so my assistance was greatly improvised. My wife and I sprang into action, and with me in the water wearing a PFD we were able to move everyone safely onto my boat. During this rescue operation I had no thought for any liability I might be incurring because providing rescuing assistance was the right thing to do. With that said, I have towed others and I have been towed. Fortunately every towing situation I have been in was a fairly short distance (less than 5 miles), and the risks seemed small. But if I was faced with a decision to provide long distance towing assistance, I would try to render as much help as I could without actually providing the towing service. I was several miles out on Lake Powell and witnessed a National Park Service Ranger decline towing a stranded boater, but he did offer to call in a professional tow. At Lake Powell the NPS is the only public service agency operating on the lake, and if they have a sense for their liability, then private boaters should also. Since that time I have adopted the example of this Ranger as my personal standard when I encounter a disabled boat. But just like I did not hesitate to rescue the occupants of a sunk boat, I would tow another boater any distance if I determine that the boat and its occupants are facing danger. Absent any type of immediate danger, my assistance will stop short of becoming a towing service. If I determine I am not willing to tow, then I will assist in making any and all towing arrangements for the stranded boater. My feeling is to leave the towing to the professionals, but don't be afraid to tow if the disabled boat and its occupants are facing danger. Simply being an inconvenienced and disabled boater is not dangerous in most situations, and this will not cause me to feel compelled to become a towing service.
