Here is an extract from
USA Federal Law I found at:
http://vbsf.net/coastgaurd/Operators.pdf
>>>>>>>>>>>> The question of at what point an individual becomes a “passenger for hire” has caused confusion but is very straightforward. “Passenger for hire” means a passenger for whom consideration is contributed as a condition of carriage, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having interest in the vessel (46 CFR 24.10-1). Therefore, requiring strangers to share expenses constitutes a passenger for hire operation.
“Consideration” means an economic benefit or profit including payment of
money or donation of
fuel, food, beverage, or supplies. It does not include a voluntary sharing of the actual expense of the voyage (46 CFR 175.400).
If a vessel carries just one individual passenger, or “hop on,” who provides anything more than a voluntary sharing of the actual cost of the trip, the vessel is operating as a passenger vessel and requires a Coast Guard licensed operator.....<<<<<<<<<<<<<<<<
- - The operative word in the above is "
actual". I translate this to: if you are paying a preset amount for anything - food,
fuel, etc. prior to the voyage that constitutes a
commercial operation with all the licensing,
inspection, etc. needed. However, either after the voyage or after the actual
purchase and payment for a particular aspect of the voyage/cruise - and then the "
actual" cost is divided appropriately, - then the operation is
not commercial. For example, after the food, etc. is purchased; and then the receipts are tallied and the "guest crew" person pays their appropriate share - the operation is
non-commercial. Obviously
maintenance, depreciation and other "fixed" expenses of the boat are excluded from any sharing but fair division of "
actual" incurred costs are allowed. To be nitty pickie about it. Paying for a share of fuel already in the tank is not allowed, but paying for a share of the "refueling" is allowed as the refueling is "
actual" cost of the
cruise. And, this is only applicable to
USA regulations on USA private recreational vessels. Other countries have different regulations or even no regulations - although I can safely say that almost every country will want a "cut of the action" as "charter fees/licenses" if you operate inside their waters.
- - - To the prospective crew person, all this is only relevant if you expect "something for your
money." Such as liability protection,
insurance protection, immunity from foreign/domestic prosecution for illegal activities of the boat or other crew, or
safety and professional abilities of the master and ship.
- - - There are good examples of "crew agreements" available on the
internet which can be illuminating about your responsibilities and rights as a paid, paying, or volunteer/sharing crew person. The
California cruising magazines and websites have great examples of "crew agreements" worth looking at for protection from unanticipated consequences.
- - Normally if you follow the most restrictive requirements (e.g. the USA rules) you probably will not have any problems with other countries around the world.
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