Well, I got me a Great Present for the New Year

[nyrussell]

Deep pockets? Where?

Noel

[Sparky1]

"A masters license means you are responsible for anything that happens unless the other person has the same or larger license. This means that if you are idling down the channel and some yahoo hits you from behind you are responsible because of the license."

this falls between total BS and internet urban legend / folklore which comes up on internet forums every time the license topic comes up...

there has NEVER been one single case shown where these "higher standards" have actually played a role in a USCG or legal decision. Not a single one.

if you know one, please post the link...

congrats Noel... dont forget that you need to get your TWIC card if you havent' done so yet.

No offense Pascal, but the topic of "higher standards" for licensed Captains has come up on this forum on several occasions. As I recall, the general consensus was that there is indeed a higher standard.

[34Hatt]

No offense Pascal, but the topic of "higher standards" for licensed Captains has come up on this forum on several occasions. As I recall, the general consensus was that there is indeed a higher standard.

Yes it has and it usally seems to end up as If your not going to use it to make Money, don't bother!!! At least that has been my take on reading all the comments and talking with other captains.

[Pascal]

it comes up all the time, with rumors, opinion and urban legends.

NEVER with a link to a decision where a responsible professional mariner was held accountable to that higher standard because of his license.

until evidence is shown, it is nothing more than an opinion.

[Sparky1]

With all due respect, no one is ever going to be able to provide a link to a case where a jury admitted they convicted someone on anything other than evidence presented. You can't be charged with being a professional Captain, but it could certainly be held against someone in a decision where emotion rules over fact or common sense.

Have you ever heard a juror claim they convicted a defendent based on the color of his skin? Looks like the analogy may apply here as well.

[Boatsb]

I was warned by my insurance agent and it was confirmed by a coast guard representative.

If I have a masters license and I am aboard a charter boat where the captain has a lower license I can be held responsible for any accidents that occur because I should know better and have a license.

A friend was warned and dropped his license because he was in redfish tournaments and was concerned about the liability if he was in a collision with another anglers boat.

It seems that anyone not in congress but under fededal licensing and oversight is accountable for their actions and the actions of others in their company.

[Brian Degulis]

Pascal's right the whole concept is not logical. There is no license required to run our boats the rules are the rules licensed or not. In a court if there is any effect at all it would be positive because the licensed operator could be percieved as being more competant and believable.

The only effect I've seen is on a much lower level. I was written up by the coast guard for some minor violations. They were going to let me off with a warning but when they found out I am licensed they wrote me up. But that's being held to a higher standard by a guy who decided not to cut me some slack because I should know better. There is no leagal basis for it he's just using his own judgement.

Brian

[Sparky1]

Brian, what does logic have to do with our legal system?

You have to remember that jurors are probably not boaters. If a case comes down to a dead heat, I'm thinking the perceived professional will be viewed as the one who should have known better or could have done more to prevent the accident. Factor in the sizes of the two boats involved (assuming we're talking collision) and I'd bet the guy with the biggest boat will lose.

[Brian Degulis]

I would think the exact opposite I could just hear my lawyer going on and on about a professional vrs an amateur. So who is a no nothing jury going to believe? Of course anything can happen but if you think like that you could get to scared to get out of bed.

Brian

[krush]

NAN-PO 41 made the right point....civil court vs criminal court. It's a completely different ball game and you'll be bent over by the scumbag lawyers and clueless jury.