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Old 11-02-2016, 16:32   #46
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Re: captains license: online or in person?

Originally Posted by WindwardPrinces View Post
The question of whether someone with a license is deemed "more responsible" by a jury or judge because they have a license is a nuance that's difficult to prove or disprove. It's not generally called out specifically.
Not quite.

Judge-alone trials result in decisions that must be expressed in reasons: usually written, always recorded. If possession of a licence was deemed a significant factor in establishing civil liability, it would almost certainly be identified.

While jury trials are a different matter, it's not like they take place in some free-wheeling vacuum. Jurors receive instructions on the legal principles from judges, and such instructions are subject to appeal. If judges were commonly telling jurors that licensed mariners are subject to a higher standard of care, it's fair to assume that there would be at least one appellate decision on point.

Originally Posted by Pete O Static View Post
However, if you broaden the spectrum a bit, by merely having a License and requiring to meet a medical and criminal background check, are you not already being held to a higher standard?

How about the fact that if you get a DUI on the road, your CG License will now be revoked. Is that not being held to a higher standard?

Failure to make an accurate declaration at Customs when coming home from a family trip in Mexico? Yup, CG License in jeopardy.
I'm not sure that any of these examples take us much farther. What you seem to be suggesting is that one should be reluctant to obtain a mariner's credential because if some accident or incident happens, the authorities may suspend or revoke it. Okay, but … so what? The person is then no worse off than if they never had the licence in the first place.

The real question is whether mere possession of a licence makes a successful tort action more likely. Thirdhand anecdotal 'advice' notwithstanding, the answer is probably no. As denverd0n has repeatedly noted, no decisions confirm that a higher standard applies.

A related question is whether possession of a licence makes you a more likely 'target' for a lawsuit in the first place. While that's difficult to answer, what most plaintiff lawyers look for is a 'deep pocket': a potential defendant with either substantial assets, or liability insurance coverage. Meaningful recovery is the sine qua non of a successful lawsuit, and is a lot more important that whether someone holds a formal credential.

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Old 11-02-2016, 16:52   #47
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Re: Captain's license: online or in person?

I chose the classroom and found it to be a great way to get licensed.

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Old 12-02-2016, 05:22   #48
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Re: Captain's license: online or in person?

Originally Posted by jbinbi View Post
Interested in what people feel can be done.
Either can be done. The real question that you have to ask yourself is how you learn best. For me, it depends on the subject matter.

I have a pilot's license, and a ham radio license. For both of those I studied on my own and passed with flying colors. I expect to do the same with my OUPV license. There are some subjects, though, that I really learn much better in a classroom, with a teacher. For example, I tried to teach myself to code java. Never quite "got it," until I took a class and worked through examples with a teacher there to help.

So, as is so often the case, the answer is "it depends."

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