License liability

[SkipperJohn]

A friends told me something interesting a few years back that I have not been able to confirm.
he told me that if I am on another persons boat, they are not licensed, or hold a lesser license (such as a 6-pack or something). Then I am considered the senior officer on board. As such, if there is an accident or some mishap, I am liable.
Have you guys ever heard of anything like this before?

 

[Tortuga James]

I haven't heard anything like that and would be interested to know if my perception is correct. I believe the law is written, and the regulations apply, that the owner/operator/master of the vessel is the officer in charge, assuming all USCG compliance issues (in regard to licensing) are met for the particular application (6 pack, towing, coastwise trade, etc.)

But that is my layman's interpretation of the all too confusing maze of rules.

 

[captjuan]

I asked that question in my masters class. The instructor told me that only the master of the vessel, nobody else on board will be held responsible in the event of an accident. The same as if I go on a pleasure dive on a dive charter, even though I am an an instructor I could not be held responsible in the case of an accident. It has never come up thankfully but you never know now days with all the ambulance chasers around.

 

[rjack321]

I asked that question in my masters class. The instructor told me that only the master of the vessel, nobody else on board will be held responsible in the event of an accident.

Nope, mates and others aboard (e.g. a pilot) can definitely be held partly responsible for incidents and reprimanded. They have in the past and will again in the future.

The same as if I go on a pleasure dive on a dive charter, even though I am an an instructor I could not be held responsible in the case of an accident.

Again, nope. I know instructors who just happened to be on charters that are fighting lawsuits from the families of deceased divers who were doing completely independent dives.

It has never come up thankfully but you never know now days with all the ambulance chasers around.

Yes, a civil suit can pretty much be filed at any time. Its especially prevelant with California charters/divers.

 

[rjack321]

A friends told me something interesting a few years back that I have not been able to confirm.

Because its bogus.

he told me that if I am on another persons boat, they are not licensed, or hold a lesser license (such as a 6-pack or something). Then I am considered the senior officer on board. As such, if there is an accident or some mishap, I am liable.
Have you guys ever heard of anything like this before?

Only if you are in charge. Because they asked you to be in charge or you took over for some reason like they were diving and someone needed to be in command. Otherwise you are just a passenger (maybe for hire, maybe not).

If I invite an Ocean's unlimited master aboard my boat I am still in charge. They are under my authority unless I delegate. There can only be 1 master in charge at a time and its not automatically the 'highest' license holder.

 

[SkipperJohn]

ok.... how about if you get invited on a friends boat, he is not licensed at all...

 

[Sprokit]

The Master of the Vessel is responsible for the operation and safety of that vessel. Being on board and not involved in the operation of the vessel exempts you from responsibility. HOWEVER, there are grey areas if you are asked for assistance from the Master or you provide guidance, etc. That's what lawyers exist for unfortunately.

 

[SkipperJohn]

that and buying their wives Mercedes

 

[rjack321]

ok.... how about if you get invited on a friends boat, he is not licensed at all...

If he's in charge, end of story. What you expected to do, wrestle the wheel away from him? Holding a merchant mariner's license (higher or at all) is not an invitation to mutiny.

If he asks for advice and you tell him something stupid and he does it, then obviously you are now part of the problem.

 

[SkipperJohn]

If he's in charge, end of story. What you expected to do, wrestle the wheel away from him? Holding a merchant mariner's license (higher or at all) is not an invitation to mutiny.

If he asks for advice and you tell him something stupid and he does it, then obviously you are now part of the problem.

hahaha... I hope to avoid that situation