So not to pick on any one member, I thought maybe those in the know could go over those rules again regarding the Chartering of One's vessel. From what I gather, this needs to be done properly so as not to get into real trouble. I don't charter nor do I have any need or desire to do so, but I would like to know the rules as it seems there is quite alot of disinformation on this going around.
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Thread: Chartering Rules
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Chartering Rules
Sky Cheney
1985 53EDMY, Hull #CN759, "Rebecca"
ELYC on White Lake--Montague, MI
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10-23-2019 12:05 AM #2
Re: Chartering Rules
1978 53' Motor Yacht "LADY KAY V"
Hull number 524
Chesapeake Bay
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Re: Chartering Rules
The rules seem pretty clear to me, but I would think the key to creative circumvention is not to get overly creative. The guy with the Sea Ray who got busted recently was pretty much flaunting his illegal charter and even defied an order to cease operations. I mean how dumb can you be?
I would think crystal clear separation of ownership/operation would be key, but attitude during boarding would certainly be a factor... or so I would think. If the operator were the least bit nervous, or the documents for ownership and the charter itself weren't crystal clear, they might go to greater lengths to look up your skirt.
I don't know where that smiley in the title came from.Randy Register - Kingston, TN
www.yachtrelocation.com
www.Safes4Guns.com
aka Freebird aka Sparky1
1965 41DC #93
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Re: Chartering Rules
Here's a link to that Sea Ray operator I mentioned. This guy was begging for and received it.
https://www.miamiherald.com/news/loc...1w5Sxos85RbcCYRandy Register - Kingston, TN
www.yachtrelocation.com
www.Safes4Guns.com
aka Freebird aka Sparky1
1965 41DC #93
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Re: Chartering Rules
Been running charters for about 12 years, as a captain, first on a 70 footer now on an 84
Under 100GT, 6 pax or less, easy. You can charter on a simple crewed charter contract, providing crew as well as fuel and supplies. Owner can be the captain
Over 100GT, same but up to 12 pax
Problem is that except for low end sailing charters and low key event, most charterers want to bring larger groups hence the use of the Bareboat charter. Originally bareboat was meant for larger vessels, often commercial, and long term which is why some feel that when used for day charter it is a loophole even though it is legal and approved by authorities
The boat is rented bare. Means no crew, charterer needs to provide provision, fuel etc. charterer must be able to pick his crew and fire/replace the crew if needed. Owner can not be the captain, crew or even be on board. Charterer must pay crew separately under a separate contract which should be on board the boat
Big red flags for USCG:
- bareboat charters advertised all inclusive (crew, food, fuel...). Not really illegal as long as you can prove otherwise but advertising it is a red flag
- owner captaining the boat under guise of an LLC or some other ownership scheme. One may get away with it during a routine boarding but in case of an accident or violation you can be sure the USCG or US attorneys office will quickly discover ownership
Induction to the above there are many rules incl commercial PFDs, safety gear, etc which apply
We used to do a lot of day charters as well as weekly charters in the Exumas with the 70. As many as 100/120 days a year. Things have changed in the day charter market. More boats, “cheaper” clientele, more wear and tear With the Lazzara 84 we pretty much only do weekly charters in the Exumas.Pascal
Miami, FL
1970 53 MY #325 Cummins 6CTAs
2014 26' gaff rigged sloop
2007 Sandbarhopper 13
12' Westphal Cat boat
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Re: Chartering Rules
I believe there is also a stipulation concerning the owner specifying the hiring of a particular captain/crew for a bareboat charter. "Specifying" vs suggesting may be the key there, but it seems like a gray area if the owner supplies the name(s) of such to the party chartering the boat.
Randy Register - Kingston, TN
www.yachtrelocation.com
www.Safes4Guns.com
aka Freebird aka Sparky1
1965 41DC #93
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Re: Chartering Rules
Yeah that s all grey. In the real world, once you hit 50’ or so the captain will need to be approved by the insurance company so it is impractical to have the charterer pick just any captain
Also from a charterer perspective, you want a crew that s familiar with the boat and its systems. Things go much more smoothly this way. I ve seen charters anchored nearby where the crew spends 20 minutes launching the tender or the jet ski, mostly because they re not familiar with the rigging and set up. 20 wasted minutes out of a 4 hour charter ...
Another thing about the charter market. Charterers want newer boats. The only way you’re going to get older boats like our old hatts busy is by lowering the rates. The obvious result is that the people paying $1500 for a day charter are not really the kind of crowd you want on your boat compared to those willing to pay $4500... and for the crew the $4500 charter will result in at least $1000 tip.
For the owner, chartering is a way of covering at least some of the expenses and since the boat is a business you get tax benefits. But if it is your own boat, you won’t get much business with a 6 pax limit...Pascal
Miami, FL
1970 53 MY #325 Cummins 6CTAs
2014 26' gaff rigged sloop
2007 Sandbarhopper 13
12' Westphal Cat boat
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Re: Chartering Rules
What about the boat? I remember when I was on Angela's boat, there were taller railings with extra safety lines on them and the engine rooms had some special insulation. Is that mandatory to charter? What's the rule on that stuff?
Sky Cheney
1985 53EDMY, Hull #CN759, "Rebecca"
ELYC on White Lake--Montague, MI
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Re: Chartering Rules
Randy Register - Kingston, TN
www.yachtrelocation.com
www.Safes4Guns.com
aka Freebird aka Sparky1
1965 41DC #93
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Re: Chartering Rules
My boat, a 58’ MY, had a COI for 49 passengers (way too many if you ask me!). I’m friends with the previous owner who undertook that modification. He said it cost him around $200,000 for the modifications to get the certificate, just in case anyone is wondering about the cost to do that. You can tell at first glance out there what’s an inspected vessel and what’s not - the hand rails are a dead giveaway.