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Unlicensed Charters/ What exactly is it?

Old 06-12-2019, 04:08 PM
  #101  
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I believe what we're seeing here in South Florida is a "boat rental". If the owner of the boat rents you the boat for a half day and the renter actually "drives" the boat while the owner of the boat watches over the renter then supposedly it's not a charter. These are generally not fishing or offshore trips but more like rides to the sandbar and lots of drinking, mostly college kids on vacation. Not sure if it's truly illegal or not but I hope they can stop it before somebody gets seriously injured or killed. It is certainly a dangerous situation and just one more of the aberrant behaviors we have to deal with.

As an aside, we also are seeing more of the "boating instruction" scams happening. If a guy with a boat takes a "student" out and teaches him how to undock, dock, set an anchor, etc., is that chartering? Does the "instructor" have to have a captain's license?
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Old 06-12-2019, 05:10 PM
  #102  
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Originally Posted by Fiberglass1 Inc View Post
If a guy with a boat takes a "student" out and teaches him how to undock, dock, set an anchor, etc., is that chartering? Does the "instructor" have to have a captain's license?
In common parlance, that would not be chartering, but the reg doesn't concern itself with chartering, but rather taking passengers for hire (as that is defined). If the "student" is required to pay the boat owner to ride on his boat, the "student" becomes a passenger for hire, with licensing ramifications for the "instructor," no matter what they do onboard.
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Old 06-12-2019, 05:36 PM
  #103  
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Originally Posted by Pez Vela View Post
In common parlance, that would not be chartering, but the reg doesn't concern itself with chartering, but rather taking passengers for hire (as that is defined). If the "student" is required to pay the boat owner to ride on his boat, the "student" becomes a passenger for hire, with licensing ramifications for the "instructor," no matter what they do onboard.
Read again^^^^^^ up here

What is so hard for people to understand.

If you are required to pay anything for consideration of carriage on any vessel it becomes a charter.

If anything is required for that consideration/ not just cash, it is a charter. Blow jobs included if required as a consideration for carriage.

If you volunteer to smoke rope for a boat ride your Captain needs no credentials as long as he didn't require it.

All the more reason to have your OUPV. You then can legally require payment in any form/consideration from up to 6 passengers on a uninspected passenger vessel.
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Old 06-13-2019, 02:15 AM
  #104  
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Originally Posted by 20biminitwist View Post
Read again^^^^^^ up here

What is so hard for people to understand.

If you are required to pay anything for consideration of carriage on any vessel it becomes a charter.

If anything is required for that consideration/ not just cash, it is a charter. Blow jobs included if required as a consideration for carriage.

If you volunteer to smoke rope for a boat ride your Captain needs no credentials as long as he didn't require it.

All the more reason to have your OUPV. You then can legally require payment in any form/consideration from up to 6 passengers on a uninspected passenger vessel.
You are beating a dead horse. Truthfully, nobody except you really cares about your nomenclature. 98% of the comments describe splitting expenses at the end of the trip. You seem to be dwelling on this.
Are you really hurting for business that badly?
Let LEO take care of the unscrupulous activities.
Why do you feel so compelled to police the waters and this thread? Your analogies are revealing your fatigue. You're beginning to sound desperate and grumpy.
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Old 06-13-2019, 03:59 AM
  #105  
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this thread is bs I own my boat I usually supply the bait & ice we all bring our own food & drink but usually share & at the end of the trip we refuel the boat & split that expense my tuna permit is recreational & absolutely nothing about my boat is a for hire charter. this sounds like something drummed up by a starving charter boat captain
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Old 06-13-2019, 04:58 AM
  #106  
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Originally Posted by sydngoose View Post
You are beating a dead horse. Truthfully, nobody except you really cares about your nomenclature. 98% of the comments describe splitting expenses at the end of the trip. You seem to be dwelling on this.
Are you really hurting for business that badly?
Let LEO take care of the unscrupulous activities.
Why do you feel so compelled to police the waters and this thread? Your analogies are revealing your fatigue. You're beginning to sound desperate and grumpy.
Not hurting for business at all and I certainly ain't starving. Thinking about retiring from the offshore scene soon and can any time I want. Kick back and just run some inshore trips with a lot less headaches.

I do no policing either so your wrong on both accounts.

Trying to explain what is legal and what is not is fatiguing when some peoples reading comprehension is so poor.

I have said many times in this thread the voluntary sharing of expenses is perfectly legal, happens every day and the USCG ain't out looking for people that are doing this.

You say you have no skin in the game so good on you. Why are you spouting off over and over then?

And, you can bet the legal operators will turn dime on the obvious folks who are operating illegally. Happens in every profession everyday. People who make their living legally turn dime on people who are essentially stealing business from them by not having the expenses that come with operating a legal business. They are commonly called scam artist, jack legs and a host of other things. The requirements are in place to protect the consumer. Go look at post 83 and tell me which operations there are legit. Some may be some may be not but similar operations have been responsible for injuries and deaths recently. One illegal operator just held his party captive here in another thread. I bet they wish someone had turned his ass in.

They are a prime example of whats going on and its not good for those in the industry doing it right.

So, carry on with your assumptions!
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Old 06-13-2019, 06:29 AM
  #107  
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bimini your literal interpretation of the law is ignorant

so if I help a friend move with my truck & he buys me a burger & cold beer for lunch & fills my truck with gas at the end of the day & we drove 56 in a 55. & I my truck has a burnt out tag light I'm a unlicensed furniture mover operating defective equipment and guilty of dwi & speeding and o yea I had no cash on my person so I'm guilty of vagrancy as well dude you need to get a life & relax

not to be rude but if your mind can't differentiate between some friends splitting the expense on a recreational trip verses a for hire charter you need to cut back on the caffeine or something
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Last edited by Timex; 06-13-2019 at 07:35 AM. Reason: c
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Old 06-13-2019, 07:17 AM
  #108  
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Originally Posted by Timex View Post
bimini your literal interpretation of the law is ignorant

so if I help a friend move with my truck & he buys me a burger & cold beer for lunch & fills my truck with gas at the end of the day & we drove 59 in a 55. & I my truck has a burnt out liscens plate light I'm a unlicensed furniture mover operating defective equipment and guilty of dui & speeding and o yea I had no cash on my person so I'm guilty of vagrancy as well dude you need to get a life & relax

not to be rude but if your mind can't differentiate between some friends splitting the expense on a recreational trip verses a for hire charter you need to cut back on the caffeine or something
Talk about ignorant!

See my post above and read carefully.
I have said many times in this thread the voluntary sharing of expenses is perfectly legal, happens every day and the USCG ain't out looking for people that are doing this.
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