Join Date: Jun 2005
Location: New Orleans
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Re: Am I an 'operator' at anchor?
When I said CG "takes the position" that drunk captains are "operators", it comes from the federal "Negligent and Reckless operation of a Vessel" statute. and the federal judges have "accepted" that position over the years. Seen it here in the maritime industry locally here.
But they don't go looking for you. Arrests arise from complaints from ship pilots when capt smells like a brewery such that pilot does not get docked ship underway but calls the Coast Guard. So I don't see the LEO overreach that some may, at least in the river cases. You don't want the capt ordering the pilot to "take her out, Mr. Pilot" when capt is dead drunk. It's tricky enough on the Big Muddy already without that.
Complaints when in drydock? Unlikely to the point of being zero. Laid up afloat? If crew required in case of breakaway, then maybe. But again, where's the complaint going to come from? Either a river pilot, or after a casualty where master was in fact potted..
the "I'm home" argument I'm not willing to get into.
Last edited by nolatom; 06-26-2013 at 06:50 PM.