delivery liability

S

seabew

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Jul 27, 2006
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22559
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I was approached by a new boat owner that wanted help in bringing his boat from Connecticut to New Hampshire. I don't have a CG license but have more than enough experience to comfortably make the trip. Here is the question. What would my liability be if I accepted any form of payment even if he was with me on the trip?
 
You want legitimate legal counsel for the answer to that question. A lawyer with maratine law experience.

Any other answer you get is just a guess. And in reality I would not even rely on the lawyers answer 100%.

You know how the legal system is these days.

George
 
You don't need license to do deliveries since there are no paying pax on board.

The most important thing to check is that the owners insurance covers you based on yr experience and lack of license

Sadly these days you can be sued for just about anything you do but I wouldn't worry too much about it.

Your lack of license may lead to problems if something happens though, you need to clarify who is in charge and who makes the final decision, there can be only one captain on board.
 
Pascal, I agree that there can only be one captain. So if I am only the hired hand and not in charge I would think I am in the clear. This is a one time thing so I am not overly worried.
 
What is he paying you for? Local knowledge and expertise? or just help as a line handler etc? If it's the former and something happens, you may have some liability if you hold yourself out as an expert.
 
Greg:

As Pascal said, you do not need a license to do deliveries. USCG licenses relate to carrying passengers for hire (leaving merchant mariner licenses apart).

If you want reliable legal advice, hire an attorney. Then if you are sued for negligence when you follow his advice, you can sue him.

Gene
 
I recenetly had a detailed converstaion about this with a very experienced delivery captain. His take was very similar to Pascal's.

No you don't need to be a captain but you do need to make sure you are listed as covered operator on the owner's insurance to protect yourself. But... many insurance companies will only list licensed captains on their policies. So, the effect may be that you do need to have a license.
 
You learn something new every day I guess. I had never bothered to research whether a license was necessary for delivery services....sounds like it is not. is there a specific section of the USCG regs that state this for reference? I have a 52 motoryacht looking to close soon that will need to be delivered to MI via the river system. Load my family up and cruise her up the river.....hmmmm...... :)
 
The regs are clear and only address paying passengers. In the real world though most owners and underwriters will require a license and adequate experience
 
quote:
Originally posted by seabew

Pascal, I agree that there can only be one captain. So if I am only the hired hand and not in charge I would think I am in the clear. This is a one time thing so I am not overly worried.

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Just write something up that states that clearly and have the owner sign it.
 
Everything change when money is paid. Sure, you don't NEED a license, but when you get paid for a service,the payor has reasonable expectations That you will provide adequate service.
 
I would think an important liability minimizing aspect of this relationship is he approached you to help him and offered to make it worth your while though he knows you are not "papered", whereas you apparently did not solicit involvement in any way.
 
Woodsong: Do some checking before you take delivery of your new motoryacht. If I remember correctly, during one course I was taking, we were told that anything 50' or more requires a captain's license, even if it's for your own pleasure cruising. The ticket/fine for being unlicensed is quite large, so I recommend that you check first. Hy
 
My boat has been delivered by the mechanic that works at the boat yard I store at. I also had a friend delivering boats for the marina he worked at. Never a problem..but never say never.
 
quote:
Originally posted by littlebookworm

Woodsong: Do some checking before you take delivery of your new motoryacht. If I remember correctly, during one course I was taking, we were told that anything 50' or more requires a captain's license, even if it's for your own pleasure cruising. The ticket/fine for being unlicensed is quite large, so I recommend that you check first. Hy

Click to expand...


Complete BS. I hope the rest of your course was more accurate... There are no such requirement whether at the state or fed level.
 
quote:
Originally posted by littlebookworm

Woodsong: Do some checking before you take delivery of your new motoryacht. If I remember correctly, during one course I was taking, we were told that anything 50' or more requires a captain's license, even if it's for your own pleasure cruising. The ticket/fine for being unlicensed is quite large, so I recommend that you check first. Hy

Click to expand...


What course taught you that!?
 
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