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Old 16-03-2013, 10:18   #1
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Permission to sail letter

Hi

I am going to be sailing my father's boat around Portugal this summer and apparently I need a letter saying I have his permission to do this to satisfy the police etc.

Does anyone have a sample letter they could show me - people who make yacht deliveries etc?

Thanks in advance for any advice!
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Old 16-03-2013, 10:44   #2
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Re: Permission to sail letter

Greetings and welcome aboard the CF, CeliaB.

The usual procedure is for the legal owner to write a “Letter of Authority to Deliver”, headed “To Whom It May Concern”, stating the skipper’s name, the extent of the delivery voyage (naming the ports of departure and arrival), and the planned duration of the voyage.
The letter should state specifically that the skipper is empowered to act on the owner’s behalf in all matters pertaining to the safety and operation of the vessel during the delivery trip.
Have the letter legally notarized and dated, and make notarized copies to hand to the authorities if necessary.
Also have notarized copies of the boat’s registration or documentation papers, insurance to cover trip & crew, a delivery contract*, and any other documents you think might apply to your delivery trip.

Delivery Contracthttp://www.deliverycaptains.com/sample.htm
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Old 16-03-2013, 11:17   #3
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Gordmay gave you excellent direction. Let me add, get copies, and have each notorized and signed by both the owner and you. In today's world scanning a picture onto it never hurts. A copy of a notorized document is useless in most cases as forgery is the first thought.
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Old 16-03-2013, 12:26   #4
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Re: Permission to sail letter

Spot on Gordmay.

You might also consider a photo showing both you and the owner in the same photo. The exercise is to prove beyond doubt that the boat is not stolen and that you are legally authorized to command. Take plenty of notorized copies X 2 so you will not run out.
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Old 17-03-2013, 11:32   #5
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Re: Permission to sail letter

Gord, if it is a pleasure cruise and not a delivery, it might be a mistake to put "Letter of Delivery" as the binding document. First question that an official might ask is "And where are you delivering the boat to?" Oh, no, I'm on vacation...Now there's a discrepancy to explain.

Also depending on where the OP is coming from, the citizenship, the flag...It might be of use to have a "Power of Attorney" (general or limited) drawn up to ensure that the OP has whatever rights are necessary for whatever might come, and to have all the papers not simply notarized but also signed off by a "legate" which is basically the same thing but better respectred on an international basis, requiring some extra time and money to obtain.

IIRC the Portuguese also want all vessels in their waters more than a certain length of time to conform to their own internal safety requirements, so looking into those restrictions might also be in order.
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Old 17-03-2013, 18:57   #6
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Quote:
Originally Posted by hellosailor View Post
Gord, if it is a pleasure cruise and not a delivery, it might be a mistake to put "Letter of Delivery" as the binding document. First question that an official might ask is "And where are you delivering the boat to?" Oh, no, I'm on vacation...Now there's a discrepancy to explain.

Also depending on where the OP is coming from, the citizenship, the flag...It might be of use to have a "Power of Attorney" (general or limited) drawn up to ensure that the OP has whatever rights are necessary for whatever might come, and to have all the papers not simply notarized but also signed off by a "legate" which is basically the same thing but better respectred on an international basis, requiring some extra time and money to obtain.

IIRC the Portuguese also want all vessels in their waters more than a certain length of time to conform to their own internal safety requirements, so looking into those restrictions might also be in order.
Hold on lads, this is a bit over the top

A simple original letter from the owner to the son is all that is required. It should simply say that he has permission to use the yacht. Carry originals of registration documents and insurance. You will not be asked to provide notarised copies ( if you have originals) and the officials will simply copy the originals if neccessary.

Note that one or two " over zealous " officials on the Algarve ( you know who they are ? ) have on occasion pressurised certain foreign vessels to believe they should conform to Portuguese safety standards. In practice this means flares , the usual safety equipment etc that any well found boat should have , the situation is the same in France. Legally the basis is in dispute , bu its no big deal and most port officials couldn't be bothered.

There have been claims that vessels equipped with licensed VHFs and designated offshore must have the full GMDSS A3 complement of equipment. I've seen it written on web sites. I know of nobody that has been challenged for not having a HF set.

Dave
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Old 22-03-2013, 09:35   #7
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Re: Permission to sail letter

Thank you for all your advice - you've been very helpful.
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