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Breakdown tow or salvage: what is the difference?
Short answer
A dead engine on an undamaged boat is a breakdown, and a tow is billed by time and distance. A boat aground, flooding or drifting into danger is a salvage case, and salvage is paid by what was saved.
The two words get mixed up on channel 16 every summer weekend, and which one is used decides who sends the invoice and how large it is. Salvage needs danger: the boat is aground on a falling tide, taking on water, without steerage in a rising sea or being set onto a lee shore. A breakdown tow is the harmless case. The engine will not start, the hull is sound, nobody is at risk and the boat simply needs bringing into harbour. The first is a casualty to the vessel. The second is a service, and not every contract treats it as part of the hull cover.
The difference also changes the arithmetic. A commercial tow is priced like any other job, by time, distance and the size of the boat, and it is sensible to agree the figure before the line goes across. Salvage is different in kind. Under the International Convention on Salvage 1989, which the United Kingdom and most maritime states apply, a salvor who succeeds is entitled to a reward assessed on the value saved, the danger, the skill and effort involved and the conditions on the day, capped only at the value of what was saved. For a short job in awkward weather that can come to a substantial share of the boat's value. The claim attaches to the boat itself as a maritime lien, so it can be enforced by arresting her while the amount is argued over for months.
What follows from this is mostly about words and paper. If the engine has failed and the boat is safe, say so clearly on the radio, ask for a tow rather than for assistance and agree a price before accepting a line. If the boat is in danger, accept help at once: the reward is a problem for later, and a lost boat is a far bigger one. Do not discuss the value of the boat with the salvor, and read anything handed across before signing it, because a salvage agreement signed in a hurry is still an agreement. Afterwards, look in your own contract for two separate things: whether salvage costs sit on top of the sum insured or inside it, and whether a tow after a simple breakdown is part of it at all. With us a tow after a simple breakdown is not a hull claim. Salvage to avert a covered loss counts as the cost of reducing it and is paid even beyond the sum insured. Salvage ordered by an authority is covered on top, up to the sum insured in Basis, 1 million euros in Basis Plus and 2.5 million euros in Premium.
Boat towing cost: what decides the invoice
A commercial tow is priced like any other marine job. What usually drives the figure is the time from the operator's base to you and back, the distance to the harbour you want, the size and weight of your boat, the weather and the time of day. A tow at night, in a rising wind or into a harbour that charges for the berth on arrival costs more than a short daylight tow in a flat calm. Ask on the radio what the rate is and how it is calculated, and write down the answer with the time.
In some waters marine breakdown membership schemes exist, where an annual fee buys towing or a jump start within set limits. Whether that is worth having depends on how far you sail from your base and how reliable the engine is. Whatever arrangement you have, keep it separate in your head from salvage: a membership deals with breakdowns, not with a boat that is aground, flooding or drifting into danger.
Towing a boat with another boat: how to do it safely
Owners often tow each other, and most of the damage happens in the hook up rather than in the tow. Use a long towline with some stretch in it, made fast to strong points on both boats, ideally with a bridle on the towing boat so the load is shared and the stern can still steer. Agree signals before the line goes across, keep the speed low so neither boat is pulled off course, and keep a knife ready to cut the line if things go wrong.
In confined water or in a harbour, a tow alongside, with the two boats lashed together and fenders between them, gives far better control than a long line astern. Put the towed boat slightly forward of the towing boat's stern so the propeller and rudder of the tug stay effective. Whoever is towing is responsible for the manoeuvre, so a friend helping out should take on no more than the boat and crew can actually handle.
Salvage law in brief: when a tow becomes a salvage claim
Under the 1989 Salvage Convention a successful salvage gives a right to a reward, whoever the salvor is. The question is always whether the boat was in danger and whether the help contributed to saving it. A friendly tow from a neighbouring berth can therefore in principle be salvage if the boat was drifting onto rocks at the time. How rewards are assessed, how Lloyd's Open Form works and who pays the salvor in advance each have their own pages; what matters here is to say clearly at the time which of the two you are asking for.
Breakdown tow in Spain and the Balearics
Owners keeping a boat in Spain will find the same distinction in Spanish law: the Ley de Navegación Marítima 14/2014 deals with the towing contract and with salvage separately. Salvamento Marítimo responds to emergencies at sea on channel 16 and by telephone. For a breakdown without danger the usual answer is a private towing operator or a marina launch, and in the Balearics in high season these are busy, so expect a wait and agree the price before the line comes across.
If you sail the Balearics regularly, note the numbers of local marine assistance operators and of the marinas along your route before you leave, and keep them in international format. A dead engine off Cabrera or the north coast of Mallorca is a different problem from one at the entrance of Palma, and the honest description of the situation on the radio decides which of the two services comes and how the bill is calculated.
Worth remembering
Salvage
is danger, and it is paid by the value saved
A tow
is a breakdown, billed by time and distance
The word used on the radio decides who pays, and how much.
Questions
What owners ask us about this
When is it salvage and not a tow?
When the boat is in danger: aground, flooding, without steerage or drifting towards something she will hit. If the hull is sound and only the engine has stopped, it is a breakdown and a tow.
How is a salvage reward worked out?
By the value saved, the danger, the skill and effort of the salvor and the conditions at the time, not by the hour. Under the 1989 Salvage Convention it cannot exceed the value of what was saved, which still leaves room for a large figure.
Do I pay for being rescued myself?
No. Saving life at sea is free: the RNLI and HM Coastguard do not charge for rescuing people. What may be charged for afterwards is the boat, never the crew, so fear of an invoice must never delay a Mayday.
Should I agree a price before taking a tow?
Yes, whenever the situation allows it. For an ordinary tow, agree the figure by radio and note the time. In real danger, accept the help first, avoid talking about the boat's value and do not sign anything you have not read.
How much does it cost to tow a boat?
There is no standard figure. Time from the operator's base, distance, boat size, weather and time of day decide the price. Ask for the rate on the radio before accepting the line and note the answer.
Can a friend who tows my boat claim salvage?
In principle yes, if the boat was in danger and the help succeeded. Between friends it is rarely pursued, but say clearly on the radio that you are asking for a tow and not for salvage.
Related
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