Join Date: Jun 2007
Location: Tortola BVI
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Liability is something decided by a court and with or with out a license it is usually a 50/50 coin flip on what the out come will be. Basically depends on which is the best attorney.
In any maritime incident no one side is generally held blameless. It is a proportionment of blame. One generally greater than the other but almost always both the blame.
No one can ever be "Sure" how any court will rule but if you have no Command Authority you "Should" find yourself on the lesser end of responsibility with out regard as to license status. Only if you Take Action that is later found to be Culpable would your license status have a greater bearing. But again, no one can ever be Sure of how any court will rule.
NOTE: You will often find those people who use this hypothetical license status downside, to be people with out a license and is their excuse to not taking the necessary steps or being qualified to take the steps to be licensed. Use lots of Sea Salt with such a position.
I prefer a sailboat to a motorboat, and it is my belief that boat sailing is a finer, more difficult, and sturdier art than running a motor.... Jack London