I'd like to think that those of us who have licenses don't need to worry about undue legal liability. We shoudn't feel pressure to just let them expire...who knows, maybe you'll want to run an excursion boat for someone in your "retirement." And the truth is, having to renew them at 5 year intervals helps to get your head back in the books again.
I think the point here is that where recreational boaters are concerned, one boater can not be held to a higher standard than another....the rules apply equally to all on the water, and make no provision for the fact that one boater has a license and another might not.
For example, in the event of an accident, if the operator apportioned 75% of the blame has a license, and the other (unlicensed) operator 25%, does that mean that the financial penalty to the licensed operator should be in excess of 75% of the damages? What if it were the inverse; would the courts decree that the licensed operator pay less than the 25% of damages because he had the license, and therefore shouldn't be held as accountable?
If the licensed operator was working commercially as a skipper, and his vessel accidently runs down a recreational boater, that's a bit more obvious...there is liability there to be sure. Some commercial skippers carry personal liablility insurance for that reason.
In a civil suit where the plaintiff is alleging negligence of the licensed operator and seeking punitive damages, the standard of proof would have to refer to the generally accepted seamanlike adherance to all of the applicable rules, including state and local regulations.
To be awarded punitive damages, the plaintiff would have to prove gross negligence, and that would involve intentional disregard for the rules, incompetence, or other serious misconduct, such as alcohol or drug use. In this sense, I believe there is more liability for the licensed skippers because they will not only lose their license, (it will be revoked), but they may be subject to other government penalties as well.
I did ask my insurance broker once if having the license would subject me to additional scrutiny from the underwriters, or if the underwriters would consider a licensed recreational boater as a potentially higher risk for a higher payout in the event of an accident and it's subsequent litigation, and the broker said no, that most underwriters viewed the license favorably. I wonder if that's the case in all regions of the country.
Dave