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Rental boat- Captain

Discussion in 'General Yachting Discussion' started by ychtcptn, Apr 1, 2021.

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  1. ychtcptn, Apr 1, 2021
    #1
    ychtcptn

    ychtcptn Senior Member

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    So a friends son works at a boat rental place here in S. FL.
    He has been asked to Capt. one of the boats for the renters, being paid thru the rental company not the renters.
    He knows what he's doing but still he is only 17 years old.
    I am really not sure this is kosher, but not 100% sure, any insight or internet boating forum legal opinions?
  2. Capt J, Apr 1, 2021
    #2
    Capt J

    Capt J Senior Member

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    I am no expert here. But I think if he is paid by the rental company and an employee of theirs it’s kosher. Like a salesman can demo a new boat for the dealership he works at. But not sure.
  3. Pascal, Apr 1, 2021
    #3
    Pascal

    Pascal Senior Member

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    There is a huge difference with a salesman on a demo drive: the people on the boat are paying for the ride!!!

    the scenario where the operator is paid by the rental company taking out passengers who are paying to be taken out is not just “not kosher” it is absolutely illegal.

    now, if the renters are renting the boat, and paying for fuel, provision etc on a bareboats contract, then they can pay anyone they want to drive the boat, even if not licensed
  4. Capt Ralph, Apr 1, 2021
    #4
    Capt Ralph

    Capt Ralph Senior Member

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    6 or less persons, Captain is not the owner (bare-boat) or a rep of the owner. If paid by the owner, it is a to close to call legally.
    The customers need to pay him directly, then he needs his OUPV.

    Or, he is not a captain, just a part of a private party, that is operating the boat as a renter with party.

    Somebody is always responsible, least responsible is the renter, most responsible is a hired operator.

    Either way, if anything bad happens, Somebody is on the hook and a legal mess is to be had.

    Tell your friends son to walk.
    Last edited: Apr 1, 2021
  5. Pascal, Apr 1, 2021
    #5
    Pascal

    Pascal Senior Member

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    If he is paid by the owner, it is not too close to call: it is a charter. He needs a ticket. Not even close.

    If he is paid by the renter, and has the paperwork to support this which means a bareboat contract, then he may get away with it. Until Mack the Coastie ask Joe the renter if he was given a choice to pick his captain.
    d_meister likes this.
  6. olderboater, Apr 1, 2021
    #6
    olderboater

    olderboater Senior Member

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    It's an illegal charter.
    captainwjm likes this.
  7. NYCAP123, Apr 1, 2021
    #7
    NYCAP123

    NYCAP123 Senior Member

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    He's taking a job away from a licensed captain. That's called a scab. He could also ruin his life at 17 if caught or if one of the renters got injured. His boss is also an idiot. Wonder how his insurance company would feel about him doing illegal charters with unlicensed, underage employees?
    And it's not a close call. Money changes hands it's a charter. "Captain" is an employee of the owner it's not bare boat. No license...….
    Last edited: Apr 1, 2021
    captainwjm likes this.
  8. ychtcptn, Apr 2, 2021
    #8
    ychtcptn

    ychtcptn Senior Member

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    Thanks all for the advice, I will pass it on.
  9. NYCAP123, Apr 2, 2021
    #9
    NYCAP123

    NYCAP123 Senior Member

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    Simple analogy: Would he hire out as an electrician, and what would happen if he did and was caught or the house burned down?
  10. Capt J, Apr 2, 2021
    #10
    Capt J

    Capt J Senior Member

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    Would it be a charter if the renters are renting the boat as normal. The kid is working his shift as normal for the rental company. And the owner is having the kid run the boat for the renters for no charge?
  11. NYCAP123, Apr 2, 2021
    #11
    NYCAP123

    NYCAP123 Senior Member

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    Is the kid getting paid to run the boat with paying passengers and is the employer getting compensated for providing someone to run the boat?
    Yes, yes and yes.
  12. Pascal, Apr 2, 2021
    #12
    Pascal

    Pascal Senior Member

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    It s not about who is paying the kid. It s about the passengers on the boat paying to be on the boat. That makes it “for consideration”, which is the wording in the regulations. If the people on the boat pay anything to be on board, passenger vessel rules apply
  13. NYCAP123, Apr 2, 2021
    #13
    NYCAP123

    NYCAP123 Senior Member

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    Actually it's not about the passengers paying to be on the boat. They do that to rent the boat. The "consideration" is the kid being paid to run the boat. Now if the renter then charged people to be on the boat that's where your scenario would come into play. But in this the weight would fall on the kid not the renter (except that their cruise would be terminated). It would also fall on his employer but it's a safe bet that if the s--- hit the fan they'd deny any knowledge and claim the kid did it on his own.
  14. NYCAP123, Apr 2, 2021
    #14
    NYCAP123

    NYCAP123 Senior Member

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    If the kid did it on his own time for no compensation (including wages from his job) then no, but if the kid is compensated in any way yes.