To Help or Not to Help? A Moral and Legal Dilemma Every Boater Will Face

If you have not yet encountered this dilemma while boating, it will happen to you soon enough.

Here is the situation: y ou are cruising along on a sunny day when you see a boat stopped in the water, just off to starboard. As you get closer, you notice the people in the boat are not fishing. They seem to have a problem.

To help – or not to help – that is the question. And the wrong answer gets thousands of boaters into trouble every year.

Here is a brief explanation of what you need to know, and how you need to approach this dilemma, in a process that meets your legal obligations and at the same time keeps your crew and your boat safe.

If we take a look at the laws that apply, it becomes obvious that the regulations seem to conflict or at least add confusion to the process of rendering help. Under maritime law, you are legally obligated to help any person or vessel in peril, provided you can do so without endangering your own vessel, crew, or passengers. In the USA, the rule is found under the Federal Boat Safety Act. In Canada, it is the Canada Shipping Act.

What these laws do not clarify, is the multitude of terrible things that can go wrong while attempting to help another boater - from fines and penalties to the loss of your own boat. The law goes on to say that you do not have to help if you are too far away, but it does not define what distance “too far away” constitutes. Then there is the Good Samaritan Act (of which there are both Canadian and American versions). While there is some variation, generally speaking these laws protect you from civil damages while rendering voluntary, unpaid aid to another boater in distress. It does not clarify what happens when you or your boat suffers damage while trying to offer assistance.

Here is what I know: Every situation where a boat or its passengers encounter a problem is slightly different. Following existing laws does not, and cannot, clarify the action that you should take when you encounter another boat that is ‘dead in the water.' Instead, I suggest that you follow a specific ‘process’ that accomplishes the best result possible for everyone.

Firstly, you should investigate the situation to clarify the problem. If the boat you encounter is upside down, you can assume there is a big problem. There may be a need for you to pull people from the water. Shut your motor off and assist the people in the water to your swim ladder. Of course, professional help should be summoned. You can broadcast a Mayday on your VHF channel 16, or call 911. More commonly, when you encounter a stopped boat where the passengers are not fishing, but just staring back at you, there is probably a lesser problem. You need to investigate what the problem is by establishing communication. If the boat has an antenna, try to reach them on your VHF radio. If this fails, idle your boat towards them, being extremely mindful of water depth or anything (or anyone) in the water. When within shouting distance, ask them to describe their problem.

Here is where it gets interesting and different problems call for different forms of help.

If the troubled boater tells you “the motor won’t start," ask if his killswitch is in the ‘ON’ position and/or is his shift lever is in ‘Neutral’? You wouldn’t believe how many times an engine concern can be simply fixed by rectifying this oversight. If there seems to be a legitimate engine problem, ask if he wants a professional tow to the nearest marina. You should use the word “professional” because the last thing you want is for you to tow another boat yourself. Towing a disabled boat is more difficult than it may seem and can be highly dangerous. It could also invalidate your insurance. If it is not a life-threatening situation, have the boater in trouble call a commercial service, such as TowBoat U.S., Sea Tow, or a local marina. Once professional assistance is ordered, suggest that the boater drop an anchor and ask if they would like you to stand by. In most such circumstances the boater will thank you and decline further help.

One of the most common boater problems that you will come across is a grounded vessel. You may notice that they are sitting in an area you know to be shallow, or stopped on the wrong side of a channel marker. As with other problems, the first step in helping a boat stuck on the bottom is to establish contact. But, unlike other problems, you need to approach with extra care with your boat drive trimmed up and keeping as much distance as possible. Depending on the size of the vessel, suggest the boater move all passengers to the bow of his boat, trim up, and try to move with minimal throttle. You might also use your phone to provide the current tide levels if the boat is in tidal waters.

Another solution that a grounded boater should consider, is to have passengers push the boat free. Because the boat is grounded, the water will be very shallow and a couple of passengers can step into the water without fear of drowning. TA reduction in weight by (presumbly) several hundred pounds, depending on the number of passengers, can make it easier to push the boat free. Once the water is up to the knees of the in-water volunteers, most boats can drive away. You will notice that I did not suggest towing. This is for the same reasons that I mentioned earlier. Not offering a tow is especially difficult if you think you could easily pull the grounded boat into deeper water. But that is a moral trap. You should always ask if they are in imminent danger and offer to radio for help, but that, in addition to your verbal suggestions, meets your legal obligations.

It is a fact that you will, at one time or another, find yourself in a situation where you encounter another boater with an issue. The somewhat ambiguous regulations surrounding vessels in distress can quickly manifest into a serious problem you didn’t ask for. Having a clear approach as to what you do when you encounter a boat in difficulty is the key to avoiding a nasty, and potentially legally and financially sticky, situation.

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