dear readers
from time to time we get a charter. 2-3 people for some days. We live on our
boat for 6 month out of the year. We are based in Guatemala/Rio dulce. It is
not a big buisness but nice to get some $ to make repairs. There is the
problem. If somethings happens. How is my leagal position. I don t have a
captain license. It is fun to have guest on board and we got some realy good
friends this way. But what happens when something happens. I am also
planning to go to Cartagena this winter and would take people with us. I
need to know more about the legal side.
You can see more under www.awab.net
thanks for the advice.
peter

You only need a US Captain's license if you are operating in US waters.
Bear in mind, regardless of your license situation, your insurer may be
insuring your for recreational use only and could void the policy if it
finds out you are using the boat commercially.

--
Dennis Gibbons
S/V Dark Lady
CN35-207
email: dennis dash gibbons at worldnet dot att dot net
"peter kaiser" wrote in message
...
dear readers
from time to time we get a charter. 2-3 people for some days. We live on
our
boat for 6 month out of the year. We are based in Guatemala/Rio dulce. It
is
not a big buisness but nice to get some $ to make repairs. There is the
problem. If somethings happens. How is my leagal position. I don t have a
captain license. It is fun to have guest on board and we got some realy
good
friends this way. But what happens when something happens. I am also
planning to go to Cartagena this winter and would take people with us. I
need to know more about the legal side.
You can see more under www.awab.net
thanks for the advice.
peter

Dennis Gibbons wrote:
You only need a US Captain's license if you are operating in US waters.


That will certainly put a kink in the operation of thousands of
freighters, tankers, cruise ships, and other commercial vessels
operating to and from American ports each day.

Since the poster is probably German and is possibly operating a vessel
registered in Germany, as master he need only meet the licensing
requirements of the "flag state" of his vessel, probably Germany.

If he is a German citizen he can not obtain an American license in any
event even if his vessel is American registered and since he did not
claim any desire to operate in US waters the US has sweet FA to do with
anything anyway except for militaristic adventures involving teenagers
with machineguns claiming to keep the US free of drugs and "terrists."

Rick

Rick,
In reading the original post, it was evident that the query did not involve
the type of craft to which you allude.
He was wondering if he could use his private vessel at a charter boat.
From that posting, it was clear that he did not intend to operate it in US
waters. There fore he does not need a US CG license.
Simple question, simple answer.
Why the attitude?

--
Dennis Gibbons
S/V Dark Lady
CN35-207
email: dennis dash gibbons at worldnet dot att dot net
"Rick" wrote in message
...
Dennis Gibbons wrote:
You only need a US Captain's license if you are operating in US waters.


That will certainly put a kink in the operation of thousands of
freighters, tankers, cruise ships, and other commercial vessels
operating to and from American ports each day.

Since the poster is probably German and is possibly operating a vessel
registered in Germany, as master he need only meet the licensing
requirements of the "flag state" of his vessel, probably Germany.

If he is a German citizen he can not obtain an American license in any
event even if his vessel is American registered and since he did not
claim any desire to operate in US waters the US has sweet FA to do with
anything anyway except for militaristic adventures involving teenagers
with machineguns claiming to keep the US free of drugs and "terrists."

Rick

Simple question, simple answer.
Why the attitude?

Because:

"You only need a US Captain's license if you are operating in US waters."

Is a ridiculous statement.

Rick

Let's try again.

In order to operate a vessel, whether or not for hire, you need to
obey the licensing rules of
1) the country you are in and
2) the country the vessel is registered in.

In the US, no license is required for recreational vessels up to 200
gross registry tons, but if you carry people for hire, you need a US
license on a US vessel. (A few states require licenses of one sort or
another for recreational vessels). Several EU countries require a
license even for your own recreational boat (ie citizens of X
operating an X flag boat need a license wherever they are, citizens of
Y may or may not need a license in X).

Most developed countries, including the US, do not allow foreign flag
vessels to carry passengers in their waters, except for vessels going
abroad. This is why all the foreign flag cruise ships in Fort
Lauderdale stop in the Bahamas or somewhere else before coming back to
Fort Lauderdale. This is known as the "Jones Act" although it's
actually a number of different laws.

I don't know the rules for Guatemala or Columbia, but I suspect it's
no problem, as the Jones Act type rules are more relaxed in developing
countries.

Guessing from your web site that you're maybe a German citizen on a
German boat, you need to follow the German (EU) rules for yourself --
all I can guess is that they are stricter than the US.

If the boat is US flagged and you're a US citizen, then you need a
"six-pack" license which is not hard to get.

Beyond these combinations, life can get complicated.....

BTW, you might also check your insurance company on Columbia -- mine
has it on the prohibited list.

Jim Woodward
www.mvfintry.com



"peter kaiser" wrote in message ...
dear readers
from time to time we get a charter. 2-3 people for some days. We live on our
boat for 6 month out of the year. We are based in Guatemala/Rio dulce. It is
not a big buisness but nice to get some $ to make repairs. There is the
problem. If somethings happens. How is my leagal position. I don t have a
captain license. It is fun to have guest on board and we got some realy good
friends this way. But what happens when something happens. I am also
planning to go to Cartagena this winter and would take people with us. I
need to know more about the legal side.
You can see more under www.awab.net
thanks for the advice.
peter

Just one minor correction. A foreign flagged vessel can carry
passengers for hire without stopping in a foreign port as long as it
returns to the SAME port it departed without stopping at any other US
port.

In other words, no transport of passengers or cargo between US ports on
a foreign flagged vessel.

Jim Woodward wrote:
Let's try again.

In order to operate a vessel, whether or not for hire, you need to
obey the licensing rules of
1) the country you are in and
2) the country the vessel is registered in.

In the US, no license is required for recreational vessels up to 200
gross registry tons, but if you carry people for hire, you need a US
license on a US vessel. (A few states require licenses of one sort or
another for recreational vessels). Several EU countries require a
license even for your own recreational boat (ie citizens of X
operating an X flag boat need a license wherever they are, citizens of
Y may or may not need a license in X).

Most developed countries, including the US, do not allow foreign flag
vessels to carry passengers in their waters, except for vessels going
abroad. This is why all the foreign flag cruise ships in Fort
Lauderdale stop in the Bahamas or somewhere else before coming back to
Fort Lauderdale. This is known as the "Jones Act" although it's
actually a number of different laws.

I don't know the rules for Guatemala or Columbia, but I suspect it's
no problem, as the Jones Act type rules are more relaxed in developing
countries.

Guessing from your web site that you're maybe a German citizen on a
German boat, you need to follow the German (EU) rules for yourself --
all I can guess is that they are stricter than the US.

If the boat is US flagged and you're a US citizen, then you need a
"six-pack" license which is not hard to get.

Beyond these combinations, life can get complicated.....

BTW, you might also check your insurance company on Columbia -- mine
has it on the prohibited list.

Jim Woodward
www.mvfintry.com



"peter kaiser" wrote in message ...

dear readers
from time to time we get a charter. 2-3 people for some days. We live on our
boat for 6 month out of the year. We are based in Guatemala/Rio dulce. It is
not a big buisness but nice to get some $ to make repairs. There is the
problem. If somethings happens. How is my leagal position. I don t have a
captain license. It is fun to have guest on board and we got some realy good
friends this way. But what happens when something happens. I am also
planning to go to Cartagena this winter and would take people with us. I
need to know more about the legal side.
You can see more under www.awab.net
thanks for the advice.
peter



--
Glenn Ashmore

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com
Shameless Commercial Division: http://www.spade-anchor-us.com

I don't think so, Glenn. As I said, that's why all the foreign flag
cruise ships in Fort Lauderdale make a foreign stop before returning.
Otherwise you could have all sorts of day sightseeing, whale watching,
and so forth operating under foreign flag. Also the rig supply
vessels in the Gulf, where the issue is major.

With that said, I'm not really expert, so does anyone know for
certain?

Jim
www.mvfintry.com

Glenn Ashmore wrote in message ...
Just one minor correction. A foreign flagged vessel can carry
passengers for hire without stopping in a foreign port as long as it
returns to the SAME port it departed without stopping at any other US
port.

In other words, no transport of passengers or cargo between US ports on
a foreign flagged vessel.

Jim Woodward wrote:
Let's try again.

In order to operate a vessel, whether or not for hire, you need to
obey the licensing rules of
1) the country you are in and
2) the country the vessel is registered in.

In the US, no license is required for recreational vessels up to 200
gross registry tons, but if you carry people for hire, you need a US
license on a US vessel. (A few states require licenses of one sort or
another for recreational vessels). Several EU countries require a
license even for your own recreational boat (ie citizens of X
operating an X flag boat need a license wherever they are, citizens of
Y may or may not need a license in X).

Most developed countries, including the US, do not allow foreign flag
vessels to carry passengers in their waters, except for vessels going
abroad. This is why all the foreign flag cruise ships in Fort
Lauderdale stop in the Bahamas or somewhere else before coming back to
Fort Lauderdale. This is known as the "Jones Act" although it's
actually a number of different laws.

I don't know the rules for Guatemala or Columbia, but I suspect it's
no problem, as the Jones Act type rules are more relaxed in developing
countries.

Guessing from your web site that you're maybe a German citizen on a
German boat, you need to follow the German (EU) rules for yourself --
all I can guess is that they are stricter than the US.

If the boat is US flagged and you're a US citizen, then you need a
"six-pack" license which is not hard to get.

Beyond these combinations, life can get complicated.....

BTW, you might also check your insurance company on Columbia -- mine
has it on the prohibited list.

Jim Woodward
www.mvfintry.com