Do I need a licensed Coast Guard Captain?

[SYNC]

Hello

I am a scientist who just purchased a boat to support research diving projects. For liability protection, my university wants me to have commercial insurance. I don't mind the extra liability protection, too. So, I started an LLC, bought and registered my boat under the business, and obtained commercial insurance. The boat will largely be used by myself, staff, and students - none of whom are paying passengers. Costs to run the boat are out of my pocket or through grants to pay for gas etc. My question is: do I need a licensed CG Captain to run the boat when my passengers are not paying customers? The boat is a 30 footer with twin outboards, less than 5 metric tons. I understand that if I run the boat with paying customers then I absolutely need a licensed CG Captain/Dive Master at the helm. Diving is conducted under university guidelines that are part of AAUS (American Academy of Underwater Sciences). Thank you. S Miller

 

[Doubler]

I'm thinking because of what you are doing and taking grant money a Captains license is required. Contact Wookie on the board. He runs a dive boat out of Key West and also does research diving. He is the go to guy for these types of questions.

 

[fisheater]

What does the legal dept. of your university say?

 

[knotical]

As fisheater implies, obviously someone up the chain of responsibility for your particular vessel's operation should have a say. Here's a starting poiint for research:http://www.uscg.mil/hq/cg6/cg611/COI/omb/1625-0014.pdf

 

[SYNC]

Good questions. Grant money pays salaries and gas, but the costs of the boat are free to the program. University will be okay with whatever is okay with Coast Guard. Seeking out attorney advice, too. I asked around a little before posting, even called the Coast Guard and person I talked to said he thought it was okay but didn't know for sure and would have to check but didn't have time, etc.

---------- Post added May 24th, 2014 at 05:52 PM ----------

As fisheater implies, obviously someone up the chain of responsibility for your particular vessel's operation should have a say. Here's a starting poiint for research:http://www.uscg.mil/hq/cg6/cg611/COI/omb/1625-0014.pdf

I don't think ORV (Oceanographic Research Vessel) is necessary. It also begs the question of passengers who pay and those who don't. ORV removes restriction, however, of the number of passengers so you can have more than 6. I don't need that.

 

[knotical]

I'm guessing that if any of the students are doing coursework, someone paid their tuition and the students therefore become paying passengers.

Disclaimer: - I'm not an attorney.

 

[SYNC]

I'm guessing that if any of the students are doing coursework, someone paid their tuition and the students therefore become paying passengers.

Disclaimer: - I'm not an attorney.

You can see the potential complexity. Students who participate are not part of classes. They are doing thesis work. They are paid by grants that go to the university. Yes, they are paid, but not paying customers who use the boat. I am not an attorney, too!

 

[knotical]

Although not an attorney, I do have a lot of experience working with military regulations (mostly AF, not CG). Not just following the regs, but also interpreting and sometimes even re-writing.

Were I you, the only way I'd be comfortable without a license would be if someone competent first:
- identified the portion of the CG regs that say paying passengers requires a captain
- follow the exemption trail that starts where I previously indicated to see if the specific relevant section or sections is/are amongst those exempted for research vessels.

Alternatively, I'd want an attorney's (or Coast Guard's) written assessment that students doing thesis work are not paying passengers.

My opinion remains: since they are paying the university to do thesis work, they are paying passengers.
One reason: - The Coast Guard is largely about safety. Safety is usually conservative. The conservative interpretation is what I have outlined.

 

[SYNC]

Thanks knotical. I took the conservative approach to start, with a captain who will run the boat. Just want to know the parameters moving forward. Now to add a twist, can I pilot the boat to take my wife out for a cruise?

 

[knotical]

Good question. Can a vessel be multi-use? Once your boat is designated a research vessel, can it sometimes be used as a pleasure craft? I'd guess that would be OK but you know the value of the opinion of a random stranger on the internet ...