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post #25 of Old 01-04-2019
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Re: First Time Crewing

Originally Posted by ImGary01 View Post
Please educate me a little on a legal point. I was once told that crew coming on board and providing nothing (no food, drinks, money for fuel, etc) are considered volunteer guests and take on the risk of sailing themselves. However, if they provide any sort of compensation (like food, drinks, money for fuel) then they are considered paying customers so the skipper must be licensed, the skipper takes all the risk and is open to be sued should something happen. When traveling to regattas, I make it a point to provide all drinks, food, transportation expenses, rooms and anything else necessary to ensure my crew falls into the guest category. Of course, the best course of action is not to invite anyone that would sue you in the first place.

Was I wrongly informed?

Thanks in advance.
I think this is current

Section 2101 of title 46 (5a) defines “consideration” as an economic benefit, inducement, right, or profit including pecuniary (fancy attorney word for money) payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.” Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.

Bottom line: If you are a recreational boater, you are allowed to share expenses for a day on the water. Just don’t make payment mandatory if someone wants a boat ride.

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