Legal considerations for the Fire on dive boat Conception in CA

[nolatom]

The COI required a licensed mate. But it's either a 97 or 66 registered ton vessel (don't know how to read the COI) and I don't think there is a formal mate license/credential for a less than 100 ton vessel. So don't know.

As I recall the smallest license as captain (or Mate) of an "inspected" vessel is 25 Gross Registered Tons. Same exam and requirements as the 100 ton, but for those who came up on small-ish boats. Next step up is 50 tons, then 100 as I recall.
Generally you can sit for twice the largest tonnage you have experience in. So, much time on a 99 gross-ton boat, and you can sit for the 200-ton license. Geographic limitations too in the small-ton licenses, "Inland" means just that, and "Near Coastal" is up to 200 miles offshore.

 

[scubadada]

The second captain on the Spree was in the captain's chair or in the dining room every time I climbed up from my birth to use the head. The charging station was directly between the dining room and the bridge. We kidded him for always being there in the middle of the night. I would never kid him, or another watch, in the future. We all know and pay attention to much more than we used to.,

 

[kelemvor]

I would never kid him, or another watch, in the future. We all know and pay attention to much more than we used to.,

Like with most accident threads here, that's usually the case. It is for me anyway. Even when the conversation veers into speculation land, there's usually something to be learned.

 

[fsardone]

The USCG is one of the uniformed services. Marijuana is still illegal at the federal level. I would be highly suspicious of anyone claiming that they're free to smoke a little green and still crew an inspected boat just because it's legal in their state.

And even if it were, there are laws against being impaired while doing things like, driving a car, flying an airplane, etc., so regardless of whether or not its use were legal, it may be illegal to be impaired under the circumstances. In which case it's a moot point.

There was a commercial pilot who lost all of his licenses when he popped a couple gummy bears while on a boys trip. His friend had a medical marijuana card, the pilot was not aware they were funny gummy's, he failed and his ATP got yanked. It was entirely unintentional, he had no knowledge, and he still damn near lost everything. He appealed and I believe got some political intervention and finally won his appeal, but he's still subject to some strict monitoring over the next few years. And that was unintentional, and his impairment couldn't possibly have had any effect on his ability to perform his duties.

That is exactly the point.
Aircrew cannot even self medicate with over the counter med. We are required to see a flight surgeon for whatever we take because you have no knowledge or competence if that OTC drug is affecting your capabilities to perform as a crew member.

In addition flight surgeon most morning gets up at the morning brief and irrespective of rank, duty or other considerations randomly selects three people to give a urine sample. Then he goes to the motorpool, fire station and many other places and gets gallon of urine ....

The next day he starts all over again. Anybody failing loses big.

 

[kelemvor]

In addition flight surgeon most morning gets up at the morning brief and irrespective of rank, duty or other considerations randomly selects three people to give a urine sample. Then he goes to the motorpool, fire station and many other places and gets gallon of urine ....

Getting that job must have been a real pisser

 

[wnissen]

My house, and assets, are in a family trust. It keeps them out of probate, and the associated costs and red tape in Ca, which can be considerable.

Yep, that part is completely understandable and in no way sinister. Some people put essentially every asset in trust for that reason.

 

[ReefHound]

Getting that job must have been a real pisser

But once you get it you're quite relieved.

 

[vlxjim]

Interesting that the boat owner is the family trust. TA is just the operator.

If it was me all three boats would be under a different LLC. I own multiple businesses each one has its own LLC. One of my businesses is a property holding company, each property in that company is protected by an individual LLC. In the sue happy state of California it is a must.

 

[Wookie]

Maritime Consortium Inc

Home - MARITIME CONSORTIUM INC.
https://www.drugfreevessel.com/images/misb0114.pdf​

Interesting company, they purport to

"In 2019, as in our previous 30 years, our mission is to guarantee our members 100% compliance with all Coast Guard drug and alcohol testing requirements through the highest quality program available to the marine industry."​

And a link to regulations

MARITIME CONSORTIUM INC.​

Young crew - particularly males - and what of easy access recreational marijuana?

Does California have recreational marijuana legal access?

In Colorado, for jobs that require drug testing, employers have encountered difficulty hiring drug-free employees.

@Wookie - what is the penalty for crew refusal to submit to required USCG testing?

Don’t know, I’ve never heard of such a thing. I had a crewmember late (after 30 hours) once, as we were offshore. I got fussed at and threatened with fines, it’s on the master to make sure it gets done.

 

[Wookie]

Do policies like this have a "gross negligence" exclusion that lets the insurer of the hook? The amount of the policy probably doesn't matter. I suspect that even 10 million will fall short when this goes to civil court, especially in California.

My policy required me to operate in within the terms of my COI, and to have every passenger properly fill out a waiver. They did not dictate the wording of the waiver to me. They did have a copy of it on hand and every reportable incident I had to send in the filled out one.

If you did not meet those 2 terms, the insurance company could refuse to cover you.

I’ve personally never heard of that, even when the violation was egregious.