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OUPV loophole?

Discussion in 'Licensing & Education' started by Jade Reinhart, Mar 29, 2015.

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  1. Jade Reinhart, Mar 29, 2015
    #1
    Jade Reinhart

    Jade Reinhart New Member

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    Mar 29, 2015
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    Location:
    Lake Ozark, MO
    I am asking about an OUPV 6-pack license. The way I understand it is that you may carry up to 6 paying passengers. BUT, I have been hearing that with a demise charter, or a bareboat charter, the boat being driven is actually "sold" to the passengers for the time being. This means that they are no longer paying paying for the boat because, in essence, it is theirs. This somehow removes the restriction of only carrying 6 passengers. So, then I have read some wishy-washy articles on how a OUPV certified license could then carry 12 passengers on a charter like this.
    Please give me more information on this subject if you know about Bareboat Charters!
  2. dennismc, Mar 29, 2015
    #2
    dennismc

    dennismc Senior Member

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    Consult a Marine lawyer who has experience in that area, the risk is high if not done legally.
  3. K1W1, Mar 29, 2015
    #3
    K1W1

    K1W1 Senior Member

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    I would agree with this suggestion whole heartedly.
  4. olderboater, Mar 29, 2015
    #4
    olderboater

    olderboater Senior Member

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    I echo what Dennis wrote. Here is a link to the applicable documents..

    http://www.uscg.mil/pvs/docs/PVSA_NVIC_7-94.pdf

    The 6 vs. 12 is a change to come closer to international rules. 6 passengers applies under 100 tons and 12 over, but it's far more complex than that. Definitions of passengers have even changed. At one time the guests of the owner on a chartered vessel were considered as if the owner, now they're considered passengers.

    There are now definitions for Recreational Vessels, Uninspected Passenger Vessels. Small Passenger Vessels, and Passenger Vessels. This is a very complex subject and the specific details become very important including the details of the charter contract itself.

    See a Maritime Attorney.
  5. Pascal, Mar 29, 2015
    #5
    Pascal

    Pascal Senior Member

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    This flyer published by the USCG district 7 (South East) clarifies this issue.

    http://www.uscg.mil/d7/sectmiami/pdf/CharterBrochure.pdf

    We were recently boarded while on charter (bareboat) and they did ask to see the boat and crew contracts. Note that the charterer (person who signs the contract) is not considered a passenger so total limit is actually 13

    Afaik, on the license side the 6 pax limit still applies and you need a master to run a bareboat with more than 6 pax