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Old 04-07-2019, 04:27   #1
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Who Is Required To Have A Captainís License

Hey all,

Can you help me dig up the reference in the CFR about who is required to have a captain’s license and who is not? Looking for specific legalese not people’s opinions please.
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Old 04-07-2019, 04:37   #2
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Re: Who Is Required To Have A Captainís License

There are several overlapping authorities/statutes. Plus State laws. Interpretation/enforcement also varies by USCG District.

The NMC is a good starting point with references to relevant authorities/statutes:

https://www.dco.uscg.mil/nmc/policy_regulations/

So, in the end, it varies by what you intended to do and where.

Since you reference CFRs, I assume your plans are in USA waters?
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Old 04-07-2019, 04:51   #3
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Re: Who Is Required To Have A Captainís License

Quote:
Originally Posted by belizesailor View Post
There are several overlapping authorities/statutes. Plus State laws. Interpretation/enforcement also varies by USCG District.

The NMC is a good starting point with references to relevant authorities/statutes:

https://www.dco.uscg.mil/nmc/policy_regulations/

So, in the end, it varies by what you intended to do and where.

Since you reference CFRs, I assume your plans are in USA waters?
Yes, in USA waters. Looking for verbiage about carrying passengers for hire, operating someone elseís boat for hire, and carrying passengers not for hire, like in the instance of a crew boat for a company.
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Old 04-07-2019, 05:08   #4
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Re: Who Is Required To Have A Captainís License

Passengers for hire triggers it. Captaining a private boat and getting paid without paying passengers does not
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Old 04-07-2019, 05:11   #5
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Re: Who Is Required To Have A Captainís License

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Yes, in USA waters. Looking for verbiage about carrying passengers for hire, operating someone elseís boat for hire, and carrying passengers not for hire, like in the instance of a crew boat for a company.
Passengers for hire is key. If so then you need an appropriate liscence (it triggers additional requirements for the boat as well). There are some grey areas, which may vary by District (like whether sailing students = passengers for hire), but not much latitude. If for hire then lisc is required. Who owns the boat is largely irrelevant.

Operating a boat without passengers for hire, except for some other classes of commercial service, does not require a liscence. For example, delivering a yacht w volunteer crew no lisc is required.

Whether you as Captain are compensated I dont think matters...the arrangement w the passengers is key. And it does not even have to be for cash. Any form of compensation provided by passengers potentially counts.
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Old 04-07-2019, 05:18   #6
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Re: Who Is Required To Have A Captainís License

If you want the actual CFR, it's 46 CFR Part 15. The language is pretty dense, but it's all there.


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Old 04-07-2019, 05:21   #7
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Re: Who Is Required To Have A Captainís License

You must have a Captain's Licence to wear one of those grimy, beat-up Greek fisherman's caps.
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Old 04-07-2019, 13:16   #8
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Re: Who Is Required To Have A Captainís License

And along with licensing requirements be sure to check out insurances. For yourself and the boat on which you will serve.
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