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Carrying Passengers on Your Boat ... Legally?

4/19/2020

10 Comments

 

What passenger requirements apply to your vessel? 

Have you taken passengers for rides on your boat and charged a fee or are you thinking about it? Are you considering renting out your boat to make money? Federal law requires passenger for hire service operating on U.S. navigable waters to comply with minimum federal safety and personnel licensing laws and regulations. A violation of these laws can result in fines up to $42,750 or more per day. Repeated violations or an accident leading to injury or death on non-compliant vessels can lead to felony charges. 

The term "charter" or charter boat is often misused. A charter in the maritime realm is a legal term going back to the days of sail. Today, a chartered vessel is like a rented vessel where an individual assumes responsibilities as its owner, similar to when you rent a car. A written agreement is signed whereupon the renter (charterer) takes on ownership responsibilities from the vessel's true owner. The charterer is responsible for all materials to operate it (crew, insurance, fuel, etc.). This can be categorized as a vessel "chartered without crew" -also referred to as a bareboat or demise charter. In some cases, the true owner of the vessel designates specifically who operates their vessel when it's under charter. This is known as "chartered with crew". If you are the owner of the vessel and operate it, this is a non-chartered vessel. These circumstances represent 3 important vessel categories: (1) Not Chartered
(2) Chartered without Crew (3) Chartered with Crew. ** See referenced chart**

Requirements can be found in USCG NVIC 07-94 , 46 USC 2101 and by clicking here. You'll also need to check local and state requirements. USCG licenses are required for UPV's (Uninspected Passenger Vessels) and SPV's (Small Passenger Vessels). Additionally, active USCG Inspections and a Certificate of Inspection (also referred to as "COI") are required for an SPV. 

** This chart represents common motorized vessels under a 100 gross regulatory tonnage size. Other special circumstances exist. Vessels on a scheduled route (ferries) carrying more than 6 passengers (even for free) must meet SPV requirements. Non motorized/non self propelled vessels carrying 6 or less paying passenger(s) ned only meet REC requirements; when carrying over 6 passengers for hire, the vessel must meet SPV requirements. Vessels 100 GRT and large may carry up to 12 passengers for hire as a UPV (Uninspected Passenger Vessel). 

** Source: USCG
Picture
10 Comments
Seafari Yacht Charters link
7/21/2022 11:16:26 pm

It is just right to follow the law even in yacht charters. Thank you for sharing this valuable information.

Reply
Robin Edwin link
5/9/2023 09:17:18 am

Your passion for this topic really shines through in your writing.

Reply
Olga Gleason link
5/15/2023 11:19:31 am

The examples you included in this blog post really helped to illustrate your points. It made the content easy to understand and apply in real-life situations.

Reply
Jodie Rau link
5/16/2023 09:46:31 am

"Your writing has the power to uplift and empower your readers. Your words are like a guiding light during challenging times. Thank you for being an inspiration!"

Reply
Ines Ward link
5/20/2023 11:47:24 am

I really appreciate the practical advice you provided in this post. It's clear that you understand the topic well.

Reply
Christiana Dare link
5/20/2023 12:15:15 pm

The tips you provided in this post are practical and achievable. I'm excited to implement them in my own life.

Reply
Frank Fuller link
5/22/2023 10:15:13 am

"Kudos to you for tackling such an important topic. Your insights are thought-provoking and inspiring."

Reply
Kamila Phillips link
5/22/2023 12:42:41 pm

"Thank you for addressing a topic that is often overlooked. Your blog post shed light on an important issue and raised awareness."

Reply
Kyrie Barnes link
5/23/2023 11:05:56 am

"I'm amazed by your ability to simplify complex concepts without losing their essence. It shows your deep understanding of the topic."

Reply
Peter Heise link
9/29/2023 05:50:18 am

Thank you for this information! Interesting artice!

Reply



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