View Full Version : when does taking people out on the boat considered buisiness


mrmacey
05-20-2003, 04:10 AM
if you have freinds of freinds who are willing to give you good gas money to take them out for a few hours is that considered ilegal as long as im not advertiseing and not chargeing set rates but instead opting for some gas money how do pros feel about this is it cutting in or is it a smart thing to do fish myself and get gas money to boot let me hear your thoughts on this!! heres my delimia my sister owns a hotel in newport some of her cleints would love to go fishing or just around the harbor for a cruise they are willing to pay GAS! there her freinds they know im not a buiseness just somebody with a boat can i leagaly take them out as long as what they are giving me is not asked for but kinda like help me with the gas i know ive been out and through people gas money its a courtesy thing and didnt think twice about it but i see buying the bait supplying bevrages gas expensive and need help!!:D

Mr. Sandman
05-20-2003, 05:09 AM
I don't know the legal answer but I know that whenever you take compensation you bear some responsibility. There is a liability issue here. I would talk to a lawyer but I would "guess" that he would say if you take money for a service to be performend ...even if you call it for "gas" you're a commerical opperation and need to be licensed. That would be my guess but I do not know for sure...perhaps one of these new captains would know. You might be able to get around it by having them sign a waver, again a lawyer would know.

Let me ask you...why would you desire to do this? That is take people you don't know around in your boat wasting your personal time for no substaintal gain and increased risk? The ware-and tare on your boat is not worth it. You could be out fishing with your family and friends. Boating expenses are more then just "gas".

capesams
05-20-2003, 05:10 AM
been through this before elsewhere, u can't even offer a cracker or your considered a com. bis. go ahead but something happens an ya get caught your head will roll...think insurance..someone slips on your boat, cracks their head, sue time, then they find out you don't have a lic. for chartering.....oops!

mrmacey
05-20-2003, 05:24 AM
but for me to trailer my boat with this big a!! truck i look at 70.00 everytime i go to ri and like you say not counting other expenses just gas is 70.00 most of the time i go alone so the other day i was asked do you want to take some people around and show them new port they will take care of you with gas money now im looking at it as off setting my gas bill im not thinking of doing this i just wondered how people felt about getting a little gas money it would be the same if you took me out and at the end of the trip i through you 20.00 for gas and by the way i offer all the time on here to take people out i dont even know just to fish and have fun and most of the time i dont want nothing but some knowledge and guys can tell you that!! ive never asked for nothing, i take alot of guys out just for the company and i invite them,i dont expect anything if they offer ill take it helping offset cost is not buissiness i dont think but to take someone around new port for an hour and they say here take this for your gas im doing my family more good with grocerys on the table instead of burning gas im out there anyway so if her freinds want to go out and throw gas money hmmmmmm! puts me in a delimia. and im not offering nothing they call me if im around and not doing nothing why not take em for a ride but what your saying is everytime we take anyone on our boats we are responsible i understand that i have insurance for that remember im not offering or asking for anything there asking me and donating to my gas fund!!:smash: i even asked if a captain wanted to do this i dont!! i live in mass! right capt duke ill drive em to you and you take em out now were talkin!! cause im legal to drive em there!! as soon as i find out about the course im enrolling for next summer ill be ready

Got Stripers
05-20-2003, 07:28 AM
Guys share the gas expense with me all the time, as some of the places I fish (winter hole for example is 1-1/2 hours away) takes a good $30 just in the truck. Throw in any running in the boat and that could easily jump to $40 per day. People have been sharing expenses to fish, since before there were any legal issues about it, but I've been told technically you can't accept a dime. If anyone asks me, nope never accepted a dime, never have and never will, but if you slip something in the passengers seat console glove box while I'm not looking and I find it later:). I can't remember putting that money in there, but I must have since I don't accept money for any boat expense:).

capesams
05-20-2003, 11:13 AM
haveing friends on the boat is one thing, total strangers is another.

fishweewee
05-20-2003, 12:06 PM
Surf fishing is good exercise and doesn't burn up any gas. :p :D :cool:

MakoMike
05-20-2003, 12:38 PM
I seem to recall that the Coast Guard changed the regs a couple of years ago to allow the owner/operator to take gas and beverage money. I have no idea what the states have to say about it. As someone else said, there is a libility issue, make sure your insurnace covers it!

Duke41
05-20-2003, 06:09 PM
A little info on becomming a Charter Captain. (6 pac).

Capts' Course $550.00 - 4 months once a week.
Red Cross Fist Aid and CPR $.00 Free - takes 2 classes
Drug Test $65.00
Physical $125.00
Eye Exam $75.00
CG Fees-145.00?
2 letters of reference
Log at least 180 days at sea

Insurance for a 26 foot boat $1,300.00

So if you want to do it right it costs $2,000 to get set up.


So what do you do. Mr Macy. From what I have read in the diffenct CG manuals and was told at school if you take 20 bucks for the trip you are offically a charter captain. So if the boat sinks or some on gets hurt you are screwed. However there is a work around concnerning the time when you get the money in your hand. Perhaps after the trip??? I would not advocate this at all.
Pm me if you want more info. The charter biz is a lot of fun don't get me wrong.

Fly Rod
05-21-2003, 06:10 PM
From the time that they buy you that first cup of coffee!!!!

Being a captain I see nothing wrong with friends getting together and going fishing in ones boat. The law is ludicreous Why shouldn't friends pitch in to defray the cost of operating your boat if they want too. I don't think that anyone has ever been prosecuted for it. Some charter captain must have had a congressman for a relative. It's like them telling you that you can't do your own plumbing "right":laughs: :laughs:

mrmacey
05-21-2003, 07:51 PM
giving someone a ride to the airport and they tell you here is 20.00 for gas me as a limo is gonna have your a@@ so dont offer to even buy them coffee for the ride ill be watching!!!!!:smash: