broken bobber· Registered
The same questions and same answers seem to be coming up year after year. I will be glad to add my opinion to the mix.
You as a recreational boat owner CANNOT ASK for any type of consideration/ pecuniary payment or any type of economic benefit in exchange for taking a person out on your vessel. If you do ASK for payment of any type, this is called a condition of carriage, you are now taking passengers for hire and are considered a charter vessel.
If you need to look up the info my references are 46USC2101 (5a,21, 21a, 42b), Passenger Vsl Safety Act of 1993, 46CFR15-605, NVIC 7-94. All references can be found on line by using google search.
I could go on and on to explain how the rules above interact with each other but that could take up a lot of space.
Bottom line is that you as the boat owner, master, operator, CANNOT ASK FOR MONEY, FUEL, FOOD, OR OTHER SUPPLIES. This is an economic benefit. The change that was mentioned in previous posts are that if money, food , fuel was given on a volunteer basis with no prompting from the vessels owner, operator, captain this would not be a condition of carriage but a generous offering from a passenger (not passenger for hire, there is a difference) and the operation would not be considered a charter operation
And yes it is like the seatbelt laws and cell phone laws but there are people out there that have been caught. I can tell you that if you are caught running an illegal charter the Coast Guard has a program called Notice of Violation (ie: ticket) They can be written on the spot and can be of a substantial monetary value.
And now you ask, as been asked before, who are you and what do you know?
my name is
Mike Kaszuba, I am the Chief of the Investigations Division for the U.S. Coast Guard in Philadelphia, I have been doing this job in excess of 10 years. The Philadelphia office has an area of responsibility that goes from Brielle to the DE/MD border over to the Susquehanna River.
This e-mail was not to be taken as a threat or meant to be agressive in nature, our job is to keep all folks in complaince with the rules and regs that govern the maritime industry trying to keep folks safe. We are also in place to try to help protect the legal charter vessel operations from illegal charterers taking away business.
If you have any questions regarding this issue feel free to contact me at [email protected]