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Boat Fishing & Boating A new forum at Striped-Bass.com for those fishing from boats and for boating in general |
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03-06-2006, 10:07 AM
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#1
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Jiggin' Leper Lawyer
Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
Posts: 8,158
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Not sure how the Coasties currently view things, but there was a time when their interpretation of the law was that accepting any compensation for taking people out on your boat made you a "for hire" operator.
Certainly, if you demanded being paid in any way by your passengers, you ran the risk of running afoul of the law. Much better to let your passengers "offer" to share expenses.
This strict view of what makes one a "for hire" operator may have been eased a bit, but you might want to look into it anyway 
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Wise men speak because they have something to say; Fools, because they have to say something.
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03-06-2006, 11:13 AM
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#2
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Registered User
Join Date: Jan 2003
Location: Hard aground
Posts: 1,362
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Quote:
Originally Posted by Mike P
Not sure how the Coasties currently view things, but there was a time when their interpretation of the law was that accepting any compensation for taking people out on your boat made you a "for hire" operator.
Certainly, if you demanded being paid in any way by your passengers, you ran the risk of running afoul of the law. Much better to let your passengers "offer" to share expenses.
This strict view of what makes one a "for hire" operator may have been eased a bit, but you might want to look into it anyway 
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I dont see any reason why this may have changed. You interpretation is correct. Any consideration given by guests makes the vessel and owner a professional, no longer recreational. New rules come into play. The now "Captain" has to be licensed and the vessel inspected and approved for taking persons for hire. Same thing if a person operates someone elses vsl which is inspected to carry for hire the person needs to have a license.
Make it clear with your friend that if boarded say nothing about helping out with gas or anything, ever. However the spirit of the law is targeting unlicensed operators acting as a commercial entity w/out licensing and inspection. Safety.
I think last year there was an unlicensed charter from RI that went down. Anyone know more - what happened?
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03-06-2006, 12:58 PM
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#3
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Registered User
Join Date: Feb 2003
Location: Newtown, CT
Posts: 5,659
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Quote:
Originally Posted by PNG
I dont see any reason why this may have changed. You interpretation is correct. Any consideration given by guests makes the vessel and owner a professional, no longer recreational. New rules come into play. The now "Captain" has to be licensed and the vessel inspected and approved for taking persons for hire. Same thing if a person operates someone elses vsl which is inspected to carry for hire the person needs to have a license.
Make it clear with your friend that if boarded say nothing about helping out with gas or anything, ever. However the spirit of the law is targeting unlicensed operators acting as a commercial entity w/out licensing and inspection. Safety.
I think last year there was an unlicensed charter from RI that went down. Anyone know more - what happened?
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It definately did change a couple of years ago. The C.G. came out with a notice that you not be considered as a "for Hire" vessel if the passengers agreed to pick up some of the costs of the trip.
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03-06-2006, 01:05 PM
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#4
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Registered User
Join Date: Apr 2001
Location: Uh, in a spot....
Posts: 5,451
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Always offer to help. I fish with Stiff-tip and tuna chasing can get quite expensive so we always split the bill 3 ways. No of us are rich men and we acknowledge that fact. We all get to enjoy the day, we all enjoy the experience and so we should bear the cost equally.
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Why even try.........
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03-06-2006, 01:56 PM
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#5
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Registered User
Join Date: Jan 2003
Location: Hard aground
Posts: 1,362
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Quote:
Originally Posted by MakoMike
It definately did change a couple of years ago. The C.G. came out with a notice that you not be considered as a "for Hire" vessel if the passengers agreed to pick up some of the costs of the trip.
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Thanks for the update Mike. I never liked the black and white way it was written. More realistic now.
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03-06-2006, 02:19 PM
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#6
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Registered User
Join Date: Sep 2001
Posts: 7,649
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Didn't know about the chipping-in for costs ruling, but I do know that not all vessels have to be inspected. This is why the "six-pack" lic or Operator of Uninspected Passenger Vessels (OUPV), is so popular with most charter captains. It is pretty easy to get but it has its limits.
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