"Shortwave Sportfishing" wrote in message
...
On Sat, 15 Jul 2006 10:30:03 -0700, "Capt. JG"
wrote:

If I'm wrong, I'll admit it right here in front of God and the whole
virtual universe - I've been wrong before and probably, well, more
than likely, be wrong again.

Feel free... :-)

Ah - well seeing hows I had a ton of time sitting here at the airport
because my flight was cancelled and I'm waiting for another to arrive,
I took the time to look around - and I found it.

It's called a Demise Charter - basically the lease of a vessel in
which all control is relinquished by the owner to the charterer, and
the charterer bears all the expenses of operation.

It's kind of like a bareboat charter only slightly different.

That's where the OUPV thing used (note the used) to come in -
apparently in Section 2101.1.42 the term uninspected used to allow for
up to 12 passengers and there wasn't a distinction between between
vessels of 100 gross tons or greater and 100 gross tons and under.

However, that all changed in 1993 with something called the Passenger
Vessel Safety Act (Public Law public law 103-206) which eliminated the
loophole where vessels operating under legitimate bareboat or demise
charters were not required to meet the commercial passenger vessel
standards. Thus, even if you had an OUPV, under the old Demise Charter
regs, you could take up to 12 passengers. There were some other
technical legal specifics involved and I don't have time to search for
them. It's mute anyway because it can't be done anymore.

So there you have it. I was right in that you could do it at one time
but since 1993 you can't anymore because that loophole was closed.
Which is interesting because I know some charter captains who are
still operating under the impression that it's all legal and what not.
It also would appear that I need to peruse the CFR's - I've had my
license a long time and haven't really kept up with the regs - need to
put that on my to-do list for the winter.

Let's call it a draw. :)

And now, I'm about to get my butt in line, head off to NC and sea
trial my new boat.

WHOO HOO!!

By the way Capt JG - pleasure meeting you - all the best.

Well, I'm glad we were both right. :-) I've been sailing for many years, but
only relatively recently got my OUPV, with near coastal.

Definitely a good idea staying current. No one wants to argue with the CG
and be wrong. :-)

What's your new boat? In any case, have a safe flight. Be sure to take your
shoes off when you get in line.

--
"j" ganz @@
www.sailnow.com