SailNet Community banner
1 - 20 of 49 Posts

·
Registered
Joined
·
5,232 Posts
Discussion Starter · #1 ·
Lets say you are the paid captain and the owner is with you while you are doing a boat move.
You get a coast guard stop and they find something.
Missing light, expired extinguisher whatever.

Who gets the ticket?

What if the owner is not on board.
 

·
islander bahama 24
Joined
·
1,842 Posts
I would assume the paid captain would get the ticket he is the one with the license. Anything happens its his responsibility to insure the vessel is properly outfitted prior to taking command
 

·
Registered
Joined
·
1,446 Posts
Once was stopped and ticketed by Texas Parks and Wildlife for having out of date sticker on my father in law's boat. The ticket was written in my name as the operator in violation. My Father in Law took the ticket and paid it for me.
In your question, I would say the operator in charge, who was on deck at the time of the stop? If both were on deck I would give you each a ticket.
John
 

·
Registered
Joined
·
5,072 Posts
Lets say you are the paid captain and the owner is with you while you are doing a boat move.
You get a coast guard stop and they find something.
Missing light, expired extinguisher whatever.

Who gets the ticket?

What if the owner is not on board.
My experience with the USCG, if youre polite and contrite, youll only get a warning contingent upon correction of the violation at your first opportunity / port of call.
Therefore the answer is: no one will get 'the ticket' if you remain courteous and friendly and the offense is minor.
Not so with state and municipal 'water cops' whose employers are forcing increases in 'income revenue'.
 

·
Learning the HARD way...
Joined
·
7,667 Posts
Very timely topic...

The owner of a charter organization that I know of has not paid the state registration. So, none of the boats have their state registration stickers. Although these are USCG documented boats, I believe that they are still subject to local law. When I pointed this out to him, he said that it is not something to be worried about. As a result, I'm afraid to do any work for him that requires me to captain his boats...
 

·
ASA and PSIA Instructor
Joined
·
4,308 Posts
Never heard of the USCG issuing a ticket.

Ed,
In MA a documented vessel does not need to be state registered. Just to pay the sales/use tax if so obligated. Plus annual excise due for all boats. Failure to pay a tax would be the owner's problem, so I don't think I'd worry about registration or an owner's taxes.

Sent from my DROID RAZR using Tapatalk 2
 

·
Registered
Joined
·
712 Posts
Lets say you are the paid captain and the owner is with you while you are doing a boat move.
You get a coast guard stop and they find something.
Missing light, expired extinguisher whatever.

Who gets the ticket?

What if the owner is not on board.
Do make is stuff up as you go? :rolleyes:
 

·
Registered
Joined
·
729 Posts
Not sure this is applicable to a boat, since a boat does not require a license to operate, but I was issued a $350 ticket when driving my girlfriend's car with an expired tag and she was in the car with me. Pleaded guity and went to court to give a explaination, and the judge did throw out the fine.
 

·
Registered
Joined
·
2,536 Posts
As "paid captain," did you ensure that the vessel was in order? If so, and the owner refused to bring the vessel into compliance, then the owner should pay.

Lets say you are the paid captain and the owner is with you while you are doing a boat move.
You get a coast guard stop and they find something.
Missing light, expired extinguisher whatever.

Who gets the ticket?

What if the owner is not on board.
 

·
Over Hill Sailing Club
Joined
·
3,688 Posts
If you take the responsibility to captain someone's boat, isn't it incumbent on you, as the operator to make sure everything is up to snuff before setting sail? If I hired someone to move my boat, I'd expect him/her to check it out before hand and alert me to any deficiencies. Just as in a pre-flight pilot's inspection, it's on you as captain. I would say the operator gets the summons.

And, yes the USCG does issue summonses without warnings for minor issues. Years ago, my brother got a summons from the USCG for a "dirty air cleaner." When the apparent 16 year-old ran his finger over the fins of the flame arrestor, it picked up a small amount of dirt. The engine was almost new. The flame arrestor was not clogged in any way but someone must have told this kid to look for dirty flame arrestors.
 

·
Learning the HARD way...
Joined
·
7,667 Posts
Very timely topic...

The owner of a charter organization that I know of has not paid the state registration. So, none of the boats have their state registration stickers. Although these are USCG documented boats, I believe that they are still subject to local law. When I pointed this out to him, he said that it is not something to be worried about. As a result, I'm afraid to do any work for him that requires me to captain his boats...
...continuing, and quoting from the RI (from where these boats are based) DEM website (Registering Your Vessel - Rhode Island Boating License Laws and Safety Guide);
All operators are required to obey laws that regulate your vessel's registration, titling, and operation.

Registering Your Vessel

You must have a Rhode Island Certificate of Number (registration card) and validation decals to operate your vessel legally on Rhode Island's public waters. The only exceptions are:
  • A vessel properly registered in another state using Rhode Island waters for 90 days or less or vessels from another country temporarily using Rhode Island waters
  • Ship's lifeboats or vessels used only for racing
  • A rowboat less than 12 feet long, or a canoe or kayak
The Certificate of Number and validation decals are obtained by submitting by mail or in person the proper application form and fee.

The certificate (pocket-sized card) must be on board and available for inspection by an enforcement officer whenever the vessel is operated.
[...]
Documented Vessels

Federally documented vessels used primarily in Rhode Island must be registered with the state. The documentation number will be used as the registration number. The vessel must display the validation decals issued by the state on each side of the vessel.
The boats in question do not have current, if any, validation decals.

My reading of this is that the OPERATOR is required to obey the law, and will be issued a fine if the vessel under their command does not comply with the applicable laws, or cannot provide the certificate for inspection.
 

·
Registered
Joined
·
5,979 Posts
As a paid skipper you should inspect the boat for safety compliance and documentation; any discrepancy should be noted and corrected - and if not you as the skipper take the risk both in getting underway and being responsible for tickets.
If it is a matter of boat operation and you are up/on watch then of course you are responsible, if the owner is it's his. If you as paid skipper say to do something and the owner overrules, well - you should have that in your contract.
 

·
ASA and PSIA Instructor
Joined
·
4,308 Posts
...continuing, and quoting from the RI (from where these boats are based) DEM website (Registering Your Vessel - Rhode Island Boating License Laws and Safety Guide);

The boats in question do not have current, if any, validation decals.

My reading of this is that the OPERATOR is required to obey the law, and will be issued a fine if the vessel under their command does not comply with the applicable laws, or cannot provide the certificate for inspection.
RI has an interesting twist. I am not in state, but what might be an interesting study is to walk the docks and count the number of boats without reg numbers that display the stickers...I dont know as a non-RI resident, compliance may be high, just an interesting twist.
 

·
██▓▓▒▒░&
Joined
·
13,641 Posts
"My reading of this is that the OPERATOR is required to obey the law,"
As eh said.

And simple enough to look up the CFR itself, and see who is responsible for the "safe operation" of a vessel.

Same thing for long-haul truckers. You got bad brakes, an overweight load, a brake light out? You get the ticket, as the operator.

If the owner is oblivious, or cheating on safety regulations, he's going to cheat the operator too.
 

·
Registered
Joined
·
1,446 Posts
My reading of this is that the OPERATOR is required to obey the law, and will be issued a fine if the vessel under their command does not comply with the applicable laws, or cannot provide the certificate for inspection.
This is probably the common language for most states (Arizona might be an exception) and certainly was the case in my experience. In Texas, they consider any boat in the water requires documentation compliance but enforcement seems to focus on weekends on popular lakes. When I walk around the marina I'm amazed the number of boats without current registration.
John
 

·
Registered
Joined
·
5,232 Posts
Discussion Starter · #20 ·
I just called USCG New London. The receptionist asked an officer and they said if the ticket was boat related the owner gets the ticket.

The assumption was that if it was boat operations the operator would get the ticket but since she would not connect me to an authority I did not get the second half.
 
1 - 20 of 49 Posts
Top