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First recorded activity by BoatBanter: Jul 2006
Posts: 1,301
Default "chartering" with guests

Shortwave Sportfishing wrote:
....

As I said, I don't know the exact name of the term, but that's the way
it works - I know guys who do it occasionally - perfectly legal
because you are being hired to operate a boat- even if it's your own
boat - you are just an employee of the charterer. As the original
poster asked, it is a loophole in the laws/rules/regulations -
whatever.


I don't know about the legalities of this situation (seems OK but
sleazy), but it is quite different from the OP since the captain
actually has a license. The whole point of the original post is that
the *unlicensed* owner can make money as a captain by creating a
"legal fiction" which I believe is completely illegal.

A long long time ago I was part of a charter group where the owner
insisted that his friend be aboard as the "first mate." I've been
told recently that changes the charter from a bare boat to passengers
for hire, and thus he should have had a license. I don't know if this
true but it sounds like it is.


What you cannot do is exceed the 12 person max - that's the key. And
you have to stay within the tonnage and distance limitations of your
license - so, for instance, if you have an OUPV Near Shore out to one
hundred miles and your boat can handle the capacity safely, that's the
limitation. And you have to be hired to operate the boat - even if
it's your own boat.


OUPV is 6 passengers.



 
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