The answer depends on the question.
Depends on the situation,
As Master or
Skipper you have the right and authority to refuse
passage.
Also what would a reasonable person expect a reasonable person to do?
Some of the big depends.
Is it a
commercial voyage?
Is there a
contract?
Is the crew hired or is it an informal arrangement.
Or is the question about a pleasure vessel with a regular owner
skipper and casual arrangement with a friend.
One thing which won’t change and will always apply. The skipper is responsible for the
safety of all the persons on board while on board.
All the persons on board are also responsible for
safety of all persons on board to some extent. Particularly their own safety and actions.
Why does the skipper want the person of the vessel.
Back to what would a reasonable person expect a reasonable person to do.
Why do you want someone to leave?
Ultimately if it’s your boat it’s kind of like your home, yes you can ask someone to leave.
Do you have a responsibility for the person leaving safety? yes clearly you do.
Do you have to pay for the person leaving travel? Depends, probably No.
international voyage and you have both entered another country. Other countries laws will apply.
If the person refuses to leave, Basically it’s kind of like a domestic dispute, you can call the police ect. how they will deal with it.
Who’s right who is wrong they will just try and de escalate the situation.
If you are the owner and skipper and you request the other person be removed. the police will escort the other person of the vessel at your request.
Which does not mean they will be arrested.
They may have a chance of pursuing a claim in a casual arrangement but would have to prove your actions were unreasonable.
Commercial voyage? If you are ever really bored try find and read the conditions of carriage referred to on the back of almost any ticket.
Heads the company win tails the passenger loose.
Paid crew with crew agreement, you can fire them. you will probably be required to repatriate, unless they are charged with an offence. If they are jailed probably not.
Have I ever had someone removed from a vessel, yes,
It was a commercial voyage.
Why, Domestic dispute between passengers is probably the most common reason. Particularly when alcohol and violence involved.
Other disputes, threats violence, often alcohol involved.
did we have to pay no.
They were asked to leave because they did something illegal.
The police were called and they were removed.
The police will take someone away, but only if there have cause.
Private boat two sailor have a falling out, yes you can ask someone to leave your boat.
Will police ect get involved probably not. Unless it gets out of hand.
Do you have to pay their way home, if it’s paid crew probably, if not probably not.
Hopefully most reasonable people could
work this out.
Ie. taking the crew you are asking to leave to a place where travel home can be easily arranged, at reasonable cost. Helping with cost,
Telling someone to get of in the middle of nowhere with no means of accessing transportation to travel home. Most people would say was unreasonable.
Have I ever done this, Yes.
The persons had pulled a knife on a kid threatened and stole
money from the the kid.
I diverted to one of the most
remote posts on the inside
passage and called for the police to remove them. They were arrested.
They were all crew of a FV at the end of the season. The kid was the owners kid, The two crew who were travelling home with him had spent all their cash in the bar and stole or borrowed his at knife point.
The Kid was from a well known FV. And
Family.
They spent the night in jail.
The RCMP told me the prosecutor decided insufficient evidence and they were released.
They didn’t want to leave.
They were afraid to. It was a
fishing community, the
kids family was well known.
No
fishing boat traveling down the inside passage would take them.
They had to arrange and pay for
charter a float plane to come up from far enough south the locals hadn’t heard about it. To come get them.
I believe it was a very expensive flight.
Crew on a FV on this coast next season?
Normally I wouldn’t dump someone in a really
remote place, not because I care about them. I don’t want to land my problem on a really remote place. So normally gett someone hauled of in a bigger place where they have facilities to deal with them.
The two guys with the knife. Got special consideration.