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What are the laws about boats...?

The FCC form order answering machine is (202) 418 36766 and the human operated info line is (202) 632 3337. Call these numbers to get info about getting a VHF license. (dk1)

You can learn about operating procedures for your VHF radio from Chapman's (see the bibliography). One essential rule: Channel 16 is for commercial hailing and distress calls. Hailing by recreational vessels is now supposed to happen on Channel 9.

You are required to carry adequate saftey devices for your boat. What is deemed adequate varies by size. Most marine stores have a pretty good idea what's the minimum. Once again, Chapman's can give you details.

There are no ``licenses'' for boating in the US--you can buy the biggest, fastest boat on earth and do whatever you want with it, as long as it's recreational and you do not carry passengers or freight for hire, and you abide by the various marine laws that apply. Prudence dictates that you should learn how to operate your vessel before you start out. Note that many states have begun enforcing Boating While Intoxicated laws, and that some have begun enforcing speed limits. See the additional material below.

If you want to operate a marine radio from your boat, you need a station license. Generally a license application is packaged with each radio set, and all radio dealers carry applications. If you are licensing any marine radios, the first will be a VHF set for ``local'' communications ( <30 miles) with 2-25 watt output. Marine radios must be ``type accepted'' which means you can not build it yourself, or modify a CB, commercial, or ham set. Pleasure boaters do not need a radio operator's license. (wv)

In general, boat registration laws and fees vary from state to state. Usually a boat dealer or the local state police detachment is a good starting point for specifics. (wv)

To carry any passengers for hire you need a Coast Guard license. Before you can even take the required written exam(s) you need documentary evidence of a full year (365 days) of boating experience. Licenses come in several categories. To carry more than six passengers for hire, the boat must also be inspected by the Coast Guard. Fines for violations are quite high. (wv)

Courtesy of Terry Steinford, we have the following long and thorough essay about carrying passengers, etc.: (tls@gate.net)

Some of the requirements for carrying passengers, chartering and licensing were changed about a year ago.

Self-propelled vessels that carry any passengers for hire are required to be operated by a Coast Guard licensed operator. If the vessel carries more than 6 passengers, at least one of which is a passenger for hire, the vessel is required to be inspected by the Coast Guard as a commercial passenger vessel.

A pure sail vessel under 100 gross tons carrying up to 6 passengers is not required to have a licensed operator. Way back in ancient history, pure sail vessels up to 700 gross tons carrying passengers were not required to be inspected, but that loophole was eliminated years ago.

The minimum license is the Operator of Uninspected Passenger Vessels (OUPV), formerly known as the Motorboat Operator or 6-pack license. Inspected vessels require a licensed Master with the appropriate tonnage and geographical route. All OUPV licenses are valid for vessels up to 100 gross tons. The "near coastal" route is up to 100 miles offshore. "Inland" is most waters that are a lake, bay or sound on a chart. The dividing line between near coastal and inland is based on geography, not the rules of the road.

On December 20, 1993 the President signed the Passenger Vessel Safety Act of 1993 (public law 103-206), changing the legal requirements for passenger and charter operations. The act establishes for the first time the definition of passenger for hire and requires many vessels operating under bareboat charter to be inspected by the Coast Guard as commercial passenger vessels. The law also changes the inspection requirements for certain vessels over 100 gross tons.

The new law has relaxed the prior strict treatment of situations were a guest provided food or chipped in for expenses. Previous law treated such such guests as passengers, requiring operator licenses and possibly vessel inspection.

Under the new law a passenger for hire is is a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, agent or any other persons having an interest in the vessel.

Consideration is an economic benefit, inducement, right or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage by monetary contribution or donation of fuel, food, beverage or other supplies.

Previously, vessels operating under legitimate bareboat or demise charters were not required to meet the commercial passenger vessel standards. Some vessels operating under charter are carrying hundreds of persons and are in direct competition with commercial passenger vessels meeting the Coast Guard inspection and licensing requirements. Under a legitimate bareboat charter the vessel is in essence "sold" to the charterer for the duration of the charter, hence the people carried aboard were not passengers for hire. In some cases the charterer may not have been aware of his legal liabilities during the charter. Unsuspecting passengers may not have been aware that they were sailing on a vessel that did not meet the same safety equipment and design standards as a regular passenger vessel.

Congress has acted to remove these differences for charter vessels carrying more than 12, or in some cases 6 passengers.

The following vessels are required to be inspected by the Coast Guard:

  (1) if under 100 gross tons:
      (a) carrying more than 6 passengers, including at least 1 for 
          hire, or
      (b) chartered with crew provided or specified by owner and 
          carrying more than 6 passengers, or
      (c) chartered and carrying more than 12 passengers, or
      (d) submersible vessels carrying 1 or more passengers for hire
 
  (2) if 100 gross tons or over:
      (a) carrying more than 12 passengers, including at least 1 for 
          hire, or
      (b) chartered and carrying more than 12 passengers, or
      (c) submersible vessels carrying 1 or more passengers for hire

An uninspected vessel that carries not more than 6 passenger for hire is required to carry the safety equipment in Subchapter C of Tile 46 of the Code of Federal Regulations. The requirements are generally the same as for a recreational vessel of the same length, except that all life jackets must be Type I commercial style.

There are no federal requirements for insurance for these vessels. Local government agencies may require business or occupational licenses, including insurance or bonds.


next up previous
Next: What's a formula for Up: General Information Previous: Who can tell me
John F. Hughes
11/6/1997