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Old 03-03-2005, 04:39   #1
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Location: Annapolis, MD
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Law and Custom question

I recently invited a friend sailing. She asked if she could bring a friend along and mentioned that her friend has a 100 ton Master's license.

I'm unclear on the legal implications: if there is a licensed captain aboard, (I do not have a current license) then who is in legal command of the vessel? Who's responsible in the event of an accident?

I assume that as the owner/"Master" I am legally responsible for the (US documented) vessel and the actions of the crew.
Am I correct? Can anyone direct me to a 'cite' in Admiralty law for guidance?

Thank you.
Allied 39
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Old 03-03-2005, 08:28   #2
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Location: Gabriola BC
Boat: Viking 33 Tanzer 8.5m Tanzer 22
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In charge

You are the captain, unless you defer responsibility and the other person accepts it. If the plane George W was in crashed on landing would the pilot be responsible or would the commander in chief be responsible. I am thinking of the landing on the carrier.
This is my non professional opinion.
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Old 03-03-2005, 09:06   #3
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Location: Currently, cruise is over and back in Solomons MD, USA
Boat: Voyage/Maxim 380 - Makai
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Captain is resposible

The captain is resposible in the US. No matter who is at the helm if an accident occurs, etc. the captain is the resposible party.

The CG rules are fairly clear. It makes no difference if there is a liscensed pilot aboard. As the other poster stated you would have to give over command of the vessel.
Captain Bil formerly of sv Makai -- KI4TMM
The hunt for the next boat begins.
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