If it is a paid charter you must have a certified captain on board at all times... If the crew or dm has a captains cert your good... Directly from the Coast Gaurd... Private obviously does not matter...
Charter boat Capt rules of the road
- Thread starter RaginCajun
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captain
Contributor
But rule 2 part b allows the descretion of the captain to do what is necessary including a departure from the rules for the safety of the vessel and passenger. If a passenger falls overboard and the only way to save him is for the captain to jump in then that is covered under
rule 2 part b.
"In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger."
Granted diving with customers is not an emergency situation but that is covered in rule 2 part a
"Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case."
There are no absolute rules or regulations. Do what good seamanship requires with the circumstances and resources at hand.
The coast gaurd boarded our boats at the Oriskany during dive ops and made it perfectly clear that the only crew allowed in the water with our customers were DMs unless there was another captain certified individual on the vessel in compliance with the marine consortium... Obviously if a captain is the only person capable of saving someone then yes, but you still as a captain have to use good judgement in abandoning your vessel...That is directly from a Coast Gaurd Inspecting Petty Officers mouth... Only time it don't matter is when it's not a paid charter...
captain
Contributor
Not questioning what you were told but I would like to see the applicable regulation.
Law enforcement officers have been known to state a law or regulation that in fact is not correct.
Case in point, In Louisiana open carry of a hand gun is legal by state constitution. A friend was arrested for openly carrying his hand gun. The arresting officer claimed it was illegal during the arrest. A law suit against the police department for unlawful arrest resulted in the arrest being purged and damages paid.
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Even at anchor a charter is for hire and "underway" (just not "making way"), thus the crew required by their inspection certificate are to be aboard, not in the water unless there's an extenuating circumstance. However many crew are also captains, just not acting in that capacity that particular day. So just because the "captain" decided to dive does not mean the required crew (e.g. one captain and one deckhand) were not aboard.
See CFR Title 46 subpart D for manning requirements of inspected vessels
Electronic Code of Federal Regulations:
And Subpart E for manning requirements of uninspected vessels
Electronic Code of Federal Regulations:
See CFR Title 46 subpart D for manning requirements of inspected vessels
Electronic Code of Federal Regulations:
And Subpart E for manning requirements of uninspected vessels
Electronic Code of Federal Regulations:
Also remember that US law applies in US waters, not Coz, or Bonaire, etc. They have their own regulations.
captain
Contributor
Figure this out. If you can't than maybe the low ranking Coastie PO that checked you can't either. Just tell them all they have to have a licensed person on board at all times.
(e) Neither any person serving on any of the following vessels, nor any owner or operator of any of these vessels, need meet the requirements of subpart J, because the vessels are exempt from application of STCW (International Convention on Standards of Training, Certification and Watchkeeping)
(1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
(e) Neither any person serving on any of the following vessels, nor any owner or operator of any of these vessels, need meet the requirements of subpart J, because the vessels are exempt from application of STCW (International Convention on Standards of Training, Certification and Watchkeeping)
(1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).
A CG petty officer's mouth does not make it law. We are becoming a police state. Why did they board you at the Oriskany, a slow day, maybe there were terrorists making bombs at 142 feet or what?
N
N
I don't know if your getting pissed or not, but it certainly seems like you are starting to take this personal... As a member of the military I think your being completely disrespectfull to that low ranking Coastie... Who I'm sure busts his ass everyday and is just doing his job... I could care less if you try and insult me, because I know what my abilities are and what I'm good at and what I know...The coast gaurd can board chartered vessels at anytime for random inspections... You must have a licensed Captain on board a chartered vessel at all times, period... If you don't comply with that maybe that low ranking coastie will write your fine some day...
The Coast Gaurd is some of the hardest working individuals I've ever had the pleasure in working with... It is a shame if anyone insults them or what they do on a daily basis for our country... Anyone living within our boarders should respect them, their ranks and what they do...
captain
Contributor
Not pissed at all and as ex Navy I have the highest respect for all the military. My point is the regulations can be so convoluted and complex that few probably have a good understanding of them including a 2nd or 3 class petty officer.
Just like the LDS's and the tank issues. Easier to not fill all tank over a certain age than to educate everyone on what is safe to fill and what is not.
I had a Coast Guard mariners license and had extensive dealing with the Coast Guard when I was in the charter business so I have first hand knowledge difficult it can be to get the correct interpretation of a rule with exceptions for this and that and whatever from a bureaucracy.
In the process of having my boat documented one Coast Guard civilan woman I was dealing with called me her problem child. Why, because I never could get the correct answer on what paperwork was needed all at one time. You need this, I bring this and am told you need that, I bring that and I am told you need something else. This went on for months.
I let my license expire last year. Although I hadn't had a need for it in 20 years I kept it current but the hoops you have to jump through to renew kept getting more and more and the price went from free in the 1980's to several hundred dollars by the time you factor in the cost of drug testing, the new TWIC thing (Transportation Worker Identification Card) etc. Wasn't worth the hassel.
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