On Sun, 16 Jul 2006 21:06:59 -0400, Jeff wrote:

Capt. Bill wrote:
On Sun, 16 Jul 2006 09:02:21 -0400, Jeff wrote:

Capt. Bill wrote:

What you seem to be missing here, is the fact that the legal loop hole
in this deal is, as I recall, that due to the fact that the boat is
first chartered bareboat then that charterer hires a captain to only
run the boat, there are no paying passengers. There for you can put
on board as many people as the boat can handle based on it's size.
Oh, I understand exactly what you're claiming. You're say that you
can put a piece of paper in your pocket that says: "I'm the owner and
I'm not licensed but that's OK because I've only been hired to drive
the boat" and then you become exempt from all of the rules concerning
passengers for hire.

If you think this really works, then you should print it up and sell
in on EBAY as a "Master's License Substitute - Approved by the CG"

Note I said "hires a captain".

The discussion was specifically about the owner of the boat being
hired as the captain.

Discussions tend to broaden as the flow.




It's just like if you hired a captain to run your own private boat for
a day. There are no paying guests, so there for the "captain" would
not have to have a license according to the USCG. And yes, I have
asked them about this. But in most cases your insurance would require
it.
No, its really not the same if guests are not paying anything. In
fact, that is exactly the distinction. Your situation may work if
bare boat customers hire a deck hand to help, but it certainly doesn't
work if they hire the owner or his representative.

No, you're right. They could not use the owner. But I believe that has
more to due with insurance than the CG.

So you're claiming that all those regulations about licenses and
passengers for hire really don't count?

The US Code (otherwise known as "The Law") is rather specific:
Title 46 section 2101:
(42) ``uninspected passenger vessel'' means an uninspected
vessel--
...
(B) of less than 100 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title--
(i) carrying not more than 6 passengers, including at
least one passenger for hire; or
(ii) that is chartered with the crew provided or
specified by the owner or the owner's representative and
carrying not more than 6 passengers.

and then Sec. 8903:
A self-propelled, uninspected passenger vessel shall be operated
by an individual licensed by the Secretary to operate that type of
vessel, under prescribed regulations.

Seems pretty clear: if the owner or his rep is on board, then there
must be a license.

You may be right that this is really an insurance issue, since
violating the law probably voids your insurance.




I've been doing this for decades. And I even know of a large, 90" +,
foregn charter boat in this area that got stopped by the CG on just
this issuse. He had all is ducks in a row as far as the contract paper
trail goes, and nothing came of it.
Hmmm. Do you think that foreign flagged vessels might be covered
under different rules? Or for that matter, owners of 90' boats get to
operate under different rules.


Hmmm. Can you learn to read for content?

So far everything you've written has been content-free.


The boat wasn't "foreign flagged" at the time. As I said, it was
foreign built.

If the vessel was US flagged then the only significance of being
foreign built is that it would not be eligible to carry passengers for
hire at all. In this case, it would be very important for the owners
to make sure nobody was actually paying, or if they were, it was
strictly "bare boat." If it did have the Jones Act exemption
(intended for "small vessels," but your 90 footer might qualify), then
your "foreign" comment was totally gratuitous.

Not in the contexted of which I was speaking.

See, there's that content thing again.



And owners of a 90' boat don't get to operate under a different set of
rules, believe me.

Whatever you say. Everyone, rich and poor, gets treated exactly the
same in our world.

They seem to by the USCG. Ask Tiger Woods.