Cruisers Forum
 


Join CruisersForum Today

Reply
 
Thread Tools Rate Thread Display Modes
Old 19-04-2013, 08:42   #1
Registered User

Join Date: Jan 2013
Location: South Padre Island, Tx
Boat: Hunter, 31-foot
Posts: 81
Images: 1
Send a message via Skype™ to Syserenity
Hit by the Custom & Border Control Boat...

On Monday I came up the ICW from Port Isabel to Port Mansfield. At the altitude of Port Mansfield I got aboarded by the US Custom & Border Control. They asked me if it was ok to aboard the boat and I invited them to do their job. So, the Guy approached me coming from the stern, portside. The sea was already rough because of some gusts and he smashed into my hull and I heard some nasty creacks. He didnīt even mentioned something about and I am not sure, if the Hull can take that or not. I looked over and over the spot and cannot see anything.

In case of having some problem next with my hull, should and can I make US Custom & Border Control liable for eventual damages on my hull, or is this just a "comes with visit" situation? Whoīs got experience with American Authorities?
__________________

__________________
Syserenity is offline   Reply With Quote
Old 19-04-2013, 08:53   #2
cruiser

Join Date: Aug 2011
Location: Tampa Bay area
Boat: Hunter 31'
Posts: 5,731
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by Syserenity View Post
On Monday I came up the ICW from Port Isabel to Port Mansfield. At the altitude of Port Mansfield I got aboarded by the US Custom & Border Control. They asked me if it was ok to aboard the boat and I invited them to do their job. So, the Guy approached me coming from the stern, portside. The sea was already rough because of some gusts and he smashed into my hull and I heard some nasty creacks. He didnīt even mentioned something about and I am not sure, if the Hull can take that or not. I looked over and over the spot and cannot see anything.

In case of having some problem next with my hull, should and can I make US Custom & Border Control liable for eventual damages on my hull, or is this just a "comes with visit" situation? Whoīs got experience with American Authorities?

Sheeesh!!! Haven't they heard of ... fenders???

I'm glad you reported this. If this happens to me, I will insist that they protect my boat adequately. I lost my old boat because I was too new and naive to realize that the guys hip-towing me (a hip-tow I didn't even need) should have used fenders. My poor old Irwin just couldn't take it, and Irwins are known for having deck joint problems anyway. The deck ended up separating from the hull, and I had to have her scrapped. Sniff -- I loved that little boat and I still miss her. I had replaced her and had her for sale when that happened. I had to pass her on but I didn't want to put her to sleep.
__________________

__________________
Rakuflames is offline   Reply With Quote
Old 19-04-2013, 09:04   #3
Registered User

Join Date: Mar 2013
Posts: 1,440
Re: Hit by the Custom & Border Control Boat...

I think it makes sense to insist the coast guard use fenders or provide your own.

As for trying to hold the coast guard responsible for damage -- good luck with that. You would have needed visible damage when they were there, not invisible damage after they're gone.

No differently than any other mishap with any other boat.
__________________
letsgetsailing3 is offline   Reply With Quote
Old 19-04-2013, 09:08   #4
cruiser

Join Date: Aug 2011
Location: Tampa Bay area
Boat: Hunter 31'
Posts: 5,731
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by letsgetsailing3 View Post
I think it makes sense to insist the coast guard use fenders or provide your own.

As for trying to hold the coast guard responsible for damage -- good luck with that. You would have needed visible damage when they were there, not invisible damage after they're gone.

No differently than any other mishap with any other boat.

I would insist that they use theirs. They are the ones who are highly skilled at this and do it all the time -- not me. My boat is not big enough to hold a bunch of big, stout fenders on the off chance that the CG will want to board me in rough water.

I think it would also put the liability for a poorly executed tie-up more on them.

Welcome aboard. Have a soda. But do it right.
__________________
Rakuflames is offline   Reply With Quote
Old 19-04-2013, 09:18   #5
Registered User

Join Date: Apr 2011
Location: Cambridge MD
Boat: Carter offshore 35
Posts: 333
Re: Hit by the Custom & Border Control Boat...

You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.
__________________
DeborahLee is offline   Reply With Quote
Old 19-04-2013, 09:25   #6
cruiser

Join Date: Aug 2011
Location: Tampa Bay area
Boat: Hunter 31'
Posts: 5,731
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by DeborahLee View Post
You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.

VERY good suggestion. Thank you! I love this place.
__________________
Rakuflames is offline   Reply With Quote
Old 19-04-2013, 10:09   #7
Registered User

Join Date: Jan 2013
Location: South Padre Island, Tx
Boat: Hunter, 31-foot
Posts: 81
Images: 1
Send a message via Skype™ to Syserenity
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by DeborahLee View Post
You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.

The officer asked me if they can come aboard. As a foreigner I am I donīt know if I can deny this aboarding. And since I donīt want to go for hours and/or days into troubles with them, because I donīt hide anything, I give themn the permission. How can I know he did not knew how to steer his boat and not using fenders?
For the next time I will follow your suggestion and deny the access. If I go in, may I have your phone number to bail me out?
__________________
Syserenity is offline   Reply With Quote
Old 19-04-2013, 10:21   #8
cruiser

Join Date: Aug 2011
Location: Tampa Bay area
Boat: Hunter 31'
Posts: 5,731
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by Syserenity View Post
The officer asked me if they can come aboard. As a foreigner I am I donīt know if I can deny this aboarding. And since I donīt want to go for hours and/or days into troubles with them, because I donīt hide anything, I give themn the permission. How can I know he did not knew how to steer his boat and not using fenders?
For the next time I will follow your suggestion and deny the access. If I go in, may I have your phone number to bail me out?

No one said you should deny boarding, and as a foreigner, it would probably blow up in your face.

What was said was to ask the CG to follow you to a safer place. Pull into a sheltered cove, or a nearby dock, a nearby marina, etc.
__________________
Rakuflames is offline   Reply With Quote
Old 19-04-2013, 10:26   #9
Registered User

Join Date: Mar 2013
Posts: 1,440
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by DeborahLee View Post
You are the captain of your vessel and responsible for its safety and the safety of the crew. If the weather was rough then its permission denied. you can always follow them to a safe harbor and if they insist on boarding they do so at their risk and responsibility.
Great answer.
__________________
letsgetsailing3 is offline   Reply With Quote
Old 19-04-2013, 10:40   #10
Senior Cruiser
 
delmarrey's Avatar

Cruisers Forum Supporter

Join Date: Mar 2003
Location: Now in Blaine, WA
Boat: Modified Choate 40
Posts: 10,702
Images: 122
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by Rakuflames View Post
No one said you should deny boarding, and as a foreigner, it would probably blow up in your face.

What was said was to ask the CG to follow you to a safer place. Pull into a sheltered cove, or a nearby dock, a nearby marina, etc.
The problem with this is once the CG approaches they do not want anyone to go below, so one can't hide stuff and for security reasons.

You should have insisted on them not coming in contact with your boat unless they have one of those inflatable type speed demons. Also you should have complained about the sudden impact with your boat and had them document it in their records.
__________________
Faithful are the Wounds of a Friend, but the Kisses of the Enemy are Deceitful! ........
A nation of sheep breeds a government of wolves!

Unprepared boaters, end up as floatsum!.......
delmarrey is offline   Reply With Quote
Old 19-04-2013, 11:01   #11
Registered User

Join Date: Mar 2009
Location: liveaboard
Boat: 36' solaris sunrise catamaran
Posts: 392
Re: Hit by the Custom & Border Control Boat...

I realy feel for this guy. Give a little sypathy fellows. He is a foreigner and scared shitless of authority. Just imagine one of you being in a different country and the officials ask to come aboard?

Of course it is the correct thing to say YES but please be very carefull of my yacht.
__________________
rivonia is offline   Reply With Quote
Old 19-04-2013, 11:10   #12
Registered User

Join Date: Mar 2013
Posts: 1,440
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by Syserenity View Post
The officer asked me if they can come aboard. As a foreigner I am I donīt know if I can deny this aboarding. And since I donīt want to go for hours and/or days into troubles with them, because I donīt hide anything, I give themn the permission. How can I know he did not knew how to steer his boat and not using fenders?
For the next time I will follow your suggestion and deny the access. If I go in, may I have your phone number to bail me out?
To be honest, I would have done the same thing you did.

But I think you'd be well within your rights to insist on them using fenders.
__________________
letsgetsailing3 is offline   Reply With Quote
Old 19-04-2013, 13:34   #13
Armchair Bucketeer
 
David_Old_Jersey's Avatar

Join Date: Oct 2006
Posts: 10,013
Images: 4
Re: Hit by the Custom & Border Control Boat...

Thanks to this thread I now have a good excuse reason for not always bringing in my fenders .

Not to say that we get much US Customs etc activity over this side of the world - but always good to be prepared .
David_Old_Jersey is offline   Reply With Quote
Old 19-04-2013, 13:39   #14
Registered User
 
Group9's Avatar

Join Date: Sep 2010
Posts: 1,599
Images: 7
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by Syserenity View Post
On Monday I came up the ICW from Port Isabel to Port Mansfield. At the altitude of Port Mansfield I got aboarded by the US Custom & Border Control. They asked me if it was ok to aboard the boat and I invited them to do their job. So, the Guy approached me coming from the stern, portside. The sea was already rough because of some gusts and he smashed into my hull and I heard some nasty creacks. He didnīt even mentioned something about and I am not sure, if the Hull can take that or not. I looked over and over the spot and cannot see anything.

In case of having some problem next with my hull, should and can I make US Custom & Border Control liable for eventual damages on my hull, or is this just a "comes with visit" situation? Whoīs got experience with American Authorities?
If that happens again, ask for a federal tort claim form (SF-95). All federal agents should carry that form with them. Ask them for their names, and then submit the form to their agency. Most of the time, unless it looked like outright fraud, my agency would just write a check.

If you think you had damage, it's still not too late (there is a six year statute of limitations on most claims against the United States).
__________________
Group9 is offline   Reply With Quote
Old 19-04-2013, 13:50   #15
cruiser

Join Date: Aug 2011
Location: Tampa Bay area
Boat: Hunter 31'
Posts: 5,731
Re: Hit by the Custom & Border Control Boat...

Quote:
Originally Posted by Group9 View Post
If that happens again, ask for a federal tort claim form (SF-95). All federal agents should carry that form with them. Ask them for their names, and then submit the form to their agency. Most of the time, unless it looked like outright fraud, my agency would just write a check.

If you think you had damage, it's still not too late (there is a six year statute of limitations on most claims against the United States).

Wouldn't be a bad idea to have someone look at the boat and make sure it wasn't damaged. the amount of knowledge here is amazing.
__________________

__________________
Rakuflames is offline   Reply With Quote
Reply

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off




Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -7. The time now is 10:01.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.