Waiver for diving on a private boat?

[Wookie]

That's interesting because in the world of aircraft you don't have to have a commercial license and the flight is not considered commercial if there is no compensation to the pilot. Meaning everyone can chip in on the gas or the rental and it is not a commerical flight. However you cannot charge someone as a passenger in the airplane.

I guess all the regulated activities are different. So I guess telling a group of friends, "Do you all want to chip in for gas and go diving this weekend?" would be considered a "charter". That's kinda screwed up.

I guess I've never gone on someone elses boat as a friend and not paid the lions share of the expenses, because it's what you do. If they are nice enough to invite you, I'd kind of like to be invited back, or at least not spoken of as "That Cheap Bastige". If someone said to me, however, "if you'd like to go diving on my boat, but everyone pitches in for gas" I'd likely tell them no thanks, as it creates an obligation. Like tipping in a restaurant, if the "service charge" is added, it's what they will get. If they let me make my own decision, they are likely to get wayyyy more in a tip.

 

[H20Flyer]

I agree. I guess I was just thinking of the regulated aspect of it. If the gas for the day is going to be $200 and four friends (one of them owns the boat) all put in $50, and it is agreed on up front, it then becomes a charter seems ridiculous.

I also agree about tipping. I like to pay for good service and hate to have someone make me pay for it no matter what even if the service sucks. Everyone that I know that works for tips, works very hard for those tips and they almost always deserve it.

 

[Wookie]

I agree. I guess I was just thinking of the regulated aspect of it. If the gas for the day is going to be $200 and four friends (one of them owns the boat) all put in $50, and it is agreed on up front, it then becomes a charter seems ridiculous.

I also agree about tipping. I like to pay for good service and hate to have someone make me pay for it no matter what even if the service sucks. Everyone that I know that works for tips, works very hard for those tips and they almost always deserve it.

If I had to guess the difference in boats and airplanes, I'd put it like this: Any fool can go buy a boat. Horsepower and number of engines is based on wallet thickness, not amount of training. Then, pilots must undergo a ground school that has standards. The fool and his boat can go as fast as they want to wherever they want to go. Then, the plane itself is subject to an inspection annually and items that aren't up to snuff must be fixed before the plane flies again. The fool can run around with no life jackets, no EPIRB, and a broken engine if he so chooses. The pilot is subject to an annual inspection also. He must prove that his BP and general health are in check. A fool can be 450 lbs, 55 years old, white and sedentary. The pilot knows he can share gas to get himself and his friends to the lake for fishing and hunting and the plane will have to be healthy enough to fly out again. The fool has SeaTow.

The Coast Guard is aware of these boat failings, but it's every fool's God-given right to own a boat and operate it the way he sees fit, dammit. When was the last time you heard of a small plane hitting a skydiver? I know a number of stories of fools in boats running over divers with flags.

 

[Tom Winters]

Get the waivers if that's going to float your boat. And, if you you let anyone kick in for gas or anything remotely remunerative, make sure you have that captain's license posted. I sure would skip any beer on those trips too, since the slightest imbibement is going to be kinda indefensible in court. And no more than six waivered, chipping-in pax too unless you have a documented vessel.
I don't know how many people posting here own boats, and if you do, how many do the waiver thing.
I'm not sure what the nonsense about airplanes has to do with this thread. The OP asked about what he thinks is a good idea with the waivers on a private vessel. Hey, go for it.
I don't. It sounds ok on paper until you start considering all the angles.
Good luck with all that.

 

[Doubler]

When I had my boat I never asked for gas money, beer snacks or anything. If you threw some bucks in fine if not fine. I would be real careful about a waiver because it could be treated as a double edged sword. "Your honor I assumed he was a professional seaman because he made me sign a waiver how was I to know he misrepresented himself with a bogus waiver." if you are that worried don't be a good guy and take folks out, even friends can become huge ass clowns where suing and money is involved. You would be better served just getting a secret large liability INS. Coverage without the waiver which could put thoughts of dollar signs in their little minds.

 

[RJP]

I don't agree at all. Even friends can turn on you if something happens. If there is an accident, even if the diver is completely responsible, do you really think he or his family won't sue? I'd get the waiver and make SBers sign it.

Even if your friend or their family doesn't turn on you, it's possible that their insurance company will. Personally, even though I crew on a commercial dive boat, I wouldn't take on the liability of running dive operations off my own private boat - waiver or not.

 

[redacted]

A boat is not much good for diving unless you have someone (friends) to go with. Or you could just get a really good anchor and hope for the best.

 

[Doubler]

I had a damn good anchor and always made sure it was properly set and secure, hidden battery switch turned off, and key in it's hiddy hole. Never had an issue in 10 years. Sorta like solo diving.

 

[MaxBottomtime]

I've had some incredible dives while solo on my own boat. That said, I had a buddy who loved to make some risky dives. I dived with him fifty times without a problem, but I always expected one to happen. He later drowned while diving from his friend Steve's boat. He became the third fatality on that boat. Steve later drowned as well.
My fiancee went through a costly, drawn out divorce a few years ago and is now scared to death of lawyers. When we bought a boat together four years ago we had a list of a dozen or so buddies we would take out. We narrowed the list to non drinkers/smokers and anyone she felt uncomfortable about. The list is down to four divers. One is currently living in North Dakota, one is recovering from knee surgery and another has her own boat. We haven't even thought about any liability for a long time.