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Old 09-05-2017, 20:09   #16
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Re: do you need a captains license to take people out for day sailing ( for a small f

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Originally Posted by antoha View Post
To the best of my knowledge, only US citizens can get the 6 pack. Please correct me if I'm wrong. So not everyone who may want one can get one...
Uh, check on that because I believe a legal resident can get the 6 pack, officially Operator, Uninspected Passenger Vessel. It is not a Masters License or Mates License, for which you do definitely have to be a citizen. And the test will not be difficult. You can get books or software and study on your own, without going to a school. You will need to document seatime. You will need First Aid and CPR certification, and you will have to pass a physical and a drug screen. Not sure if you need a TWIC or not for this license. (Transportation Workers Identity Card) According to 46 CFR 11.201 (d): No officer endorsement may be issued to any person who is not a citizen of the United States with the exception of operators of uninspected passenger vessels that are not documented under the laws of the United States. So clearly you CAN get a 6pack license even if you are not a citizen. You can't get any higher license class than that, though, unless you are a citizen. Download 46 CFR and read parts 10 through 15 for licensing requirements.
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Old 09-05-2017, 20:28   #17
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Re: do you need a captains license to take people out for day sailing ( for a small f

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Originally Posted by Tingum View Post
If you are in a USA territory and are receiving any form of compensation you are required to have a USCG license. Period.
Actually no. There are hundreds if not thousands of people teaching others to sail without a captain's license on U.S. waters for pay perfectly legally. Sailing schools, summer camps, colleges, fishing guides, and many others regularly take people out on the water for pay legally without having a captain's license. Whether or not the boat is motorized and whether or not it is operating in waters under coast guard authority are factors.

Your blanket statement is just plain false. Period.

One of the reasons I stopped pursuing my captain's license is because I did not need it to teach sailing where I taught. (In the U.S.)
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Old 09-05-2017, 22:23   #18
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Re: do you need a captains license to take people out for day sailing ( for a small f

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Your blanket statement is just plain false. Period.
Umm, you might want to check again, chief. From the ASA and specifically regarding sailing instructors:

"If you receive any compensation, if the boat has auxiliary power, and if youíre operating in USCG waters, you MUST have a captainís license."


https://asa.com/news/2013/08/12/uscg-captains-license/#
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Old 10-05-2017, 05:13   #19
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Re: do you need a captains license to take people out for day sailing ( for a small f

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Originally Posted by antoha View Post
What about the following setup, apologies if it sounds contrived: there's an auction (with proceeds going to some charitable cause, like the school your kid goes to), and your contribution to the auction is to take whoever purchases the lot out for a sail on your boat. None of the money goes to you; one can argue that such auctions are a form of donating. But the customer does pay, in the form of purchasing the auction lot. You don't have a USCG license. Is it legal?

Thank you!
Anton
Yes, this scenario is legal. I obtained a legal opinion from the CG on this exact scenario.

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Old 10-05-2017, 05:13   #20
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Re: do you need a captains license to take people out for day sailing ( for a small f

Do you "need" one no- like driving 100 mph on I-95 if no one sees you and nothing happens you are golden.

Should you have one? Yes. This most basic is an OUPV or "Operator of Uninspected Power Vessel". Not sure if you can turn the engine off and use only sails with an OUPV... ... I have a 50 Ton Masters with a Sailing Endorsement. You should invest the time to research this on the USCG website.

You should also charter insurance. If the guy who pays you $30 for a sunset cruise falls down the companionway, odds are he or his health insurance company is coming for you.

There have been a few people on Craigslist over the years trying to stay under the radar. Rightly so, the USCG came down on them like a ton of lead.
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Old 10-05-2017, 05:20   #21
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Re: do you need a captains license to take people out for day sailing ( for a small f

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Originally Posted by nautical62 View Post
Actually no. There are hundreds if not thousands of people teaching others to sail without a captain's license on U.S. waters for pay perfectly legally. Sailing schools, summer camps, colleges, fishing guides, and many others regularly take people out on the water for pay legally without having a captain's license. Whether or not the boat is motorized and whether or not it is operating in waters under coast guard authority are factors.

Your blanket statement is just plain false. Period.

One of the reasons I stopped pursuing my captain's license is because I did not need it to teach sailing where I taught. (In the U.S.)
This has been an area of much debate within the sailing instruction community over the years. There are limited scenarios where you can debatably teach without a license, but not all agree with these interpretations. The interpretation even varies between USCG districts.

The definitive source for a ruling on what you want to do is the USCG District for the venue. Best to ask for their opinion first (...the approach of offering apologies later is not a good strategy in this case).
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Old 10-05-2017, 07:15   #22
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Re: do you need a captains license to take people out for day sailing ( for a small f

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Originally Posted by fstbttms View Post
"If you receive any compensation, if the boat has auxiliary power, and if youíre operating in USCG waters, you MUST have a captainís license."

https://asa.com/news/2013/08/12/uscg-captains-license/#
Reading that, I would say that if your boat does NOT have an auxiliary, or you are NOT in USCG waters, then you CAN receive compensation, even without a captains license.

Clearly, that is a very narrow and specific set of circumstances. Some might even say, contrived. I cannot imagine that it applies to more than a very few sailing schools (if any). It does, however, seem that there are cases where you could legally receive compensation without a license.

So I guess a blanket statement that you can NEVER receive compensation without a license is probably not true. Nonetheless, it is going to be true in such an overwhelming percentage of the cases that one could say it is true "for all practical purposes."

Bottom line: get the license.
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Old 10-05-2017, 07:55   #23
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Re: do you need a captains license to take people out for day sailing ( for a small f

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Originally Posted by denverd0n View Post
Reading that, I would say that if your boat does NOT have an auxiliary, or you are NOT in USCG waters, then you CAN receive compensation, even without a captains license.

Clearly, that is a very narrow and specific set of circumstances. Some might even say, contrived. I cannot imagine that it applies to more than a very few sailing schools (if any). It does, however, seem that there are cases where you could legally receive compensation without a license.

So I guess a blanket statement that you can NEVER receive compensation without a license is probably not true. Nonetheless, it is going to be true in such an overwhelming percentage of the cases that one could say it is true "for all practical purposes."

Bottom line: get the license.
I generally agree, while there are very limited, and subject to local interpretation, circumstances where you could teach sailing for example without a USCG license, it is best (and more professional) to simply get license. With all the limited licenses the USCG has created in recent years...its not very hard to do.

If you are, as the OP asks, transporting passengers (not just teaching) for compensation (regardless of how you try to conceal that), I think you are pretty clearly in violation of the law regardless of venue in USA.
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