Turkey: fine for exceeding legal boat capacity

[asvk]

Hello,

We are going on a sailboat cruise in Turkey with 2 small (1+2 y.o.) kids aboard. The boat passenger capacity is 6 people and we are precisely 6 people: 4 adults and 2 kids.

I know that a couple of my friends will be on vacation during our cruise dates in approximately the same area. I had an idea of taking them for a short day trip to show them a bit yachting leisure (not going far, just chilling out anchored in a couple of beautiful bays). It is obvious that these friends will not cause the maximum carried weight to be exceeded (as two of our "registered" passengers are small kids) and provided everyone has a life vest such a journey shall be safe.

To be on the safe side though, I contacted the charter company and asked them if it would be okay. They replied that the legal capacity is 6 persons, so while the company does not explicitly either allow or forbid such a daytrip, they warn that the coast guard can fine the skipper if the boat gets checked.

So basically I read their reply as "you can do this at your own risk of being fined", which brings the question:
Does anybody know what the fine (or other penalty) for exceeding the legal boat passenger capacity is?

[Stevenc]

I can’t help with what the fine or other penalty would be.
But I can’t see how you deuce from the charter companies reply of “ the legal capacity is 6 persons” that they endorse you breaking the law.
Maximum capacities are not just about weight.
If you want to break the law and see it at as just as another holiday cost ..... go for it!
My advice while in a foreign country is to obey their laws or accept the consequences or your decision. It should not be based on price.

[asvk]

Originally Posted by Stevenc

I can’t see how you deuce from the charter companies reply of “ the legal capacity is 6 persons” that they endorse you breaking the law.

I didn't say they endorsed me to break the law, they just stated that they do not wish to pose any restrictions and let me decide.

If you want to break the law and see it at as just as another holiday cost ..... go for it!
My advice while in a foreign country is to obey their laws or accept the consequences or your decision. It should not be based on price.

I understand your attitude but have a different one myself -- you actually found a nice term another holiday cost for it -- thank you
I would like to take a decision based on potential drawbacks, hence my original question. Speaking of those:

Maximum capacities are not just about weight.

Could you please provide some hints about what practical dangers taking 2 adults could present in our case? I might be missing something

[StuM]

How is "legal capacity" defined?
Is that based on EU "Cat A"? (What is the boat?)
If so, it may well be higher for sheltered waters.



You say "Passengers". Does that mean total people or board or does it exclude crew?

[asvk]

Thank you for your reply, StuM.

Originally Posted by StuM

How is "legal capacity" defined?
Is that based on EU "Cat A"? (What is the boat?)
If so, it may well be higher for sheltered waters.

I do not know how they define it, it is just the term the charter company used responding to my question in the email. The boat is Oceanis 38.1.

You say "Passengers". Does that mean total people or board or does it exclude crew?

Forgive me my language. I meant the total crew. It is a bareboat charter, so, to reiterate, we are talking about 4 adults (one of them is a skipper and another one is a co-skipper) and 2 children -- all registered in the crew list. The question revolves around taking 2 more adults for a short leisure trip.

[boatpoker]

Who told you the boat capacity was six people ?
That does not sound right for a vessel of that size.

[Hanksy]

The 38.1 is rated for 8 in Cat A waters.
Maybe the charter company are thinking how many guests can sleep aboard?
You'll be fine.
Class A is open ocean, force 8 and 4m waves.

[asvk]

Originally Posted by boatpoker

Who told you the boat capacity was six people ?

The charter company we are renting the boat from said that in an email. "Boat legal capacity is only 6" they said.

That does not sound right for a vessel of that size.

Do you mean it is actually bigger or smaller?

[allegory]

Depends which part of Turkey you are ( I am Turkish, in US currently) if its a short cruise and you don’t stand out in the crowd you’ll prob be okay. As for the fines go…depends who “pulls you over” in most cases, a smile goes a long way, but then again, it is a risk, but they’ll only fine you $. If you have cash, you’ll be fine

[asvk]

Originally Posted by Hanksy

The 38.1 is rated for 8 in Cat A waters.
Maybe the charter company are thinking how many guests can sleep aboard?
You'll be fine.
Class A is open ocean, force 8 and 4m waves.

Thank you Hanksy!
I specified my question very clearly to the charter company -- a short few hours day trip -- so they definitely did not mean sleeping berths (which we anyway have in abundance since children are too small to sleep alone ).

Their concern was some concept of legal capacity (they also put it in bold) and the coast guard checking if we exceed it.

Class A is open ocean, force 8 and 4m waves.

We're going to just sail in a bay and not go to open waters. And since we have kids on board, we only go if the weather is calm, so definitely no 4 m waves

[asvk]

Originally Posted by allegory

Depends which part of Turkey you are ( I am Turkish, in US currently) if its a short cruise and you don’t stand out in the crowd you’ll prob be okay. As for the fines go…depends who “pulls you over” in most cases, a smile goes a long way, but then again, it is a risk, but they’ll only fine you $

Thank you allegory!

We will be sailing in the Gulf of Fethiye and anchoring for lunch somewhere in Skopea Limani. We have sailed there 4 times already and never encountered the Turkish coast guard.

We were not planning to do anything attracting attention and thought of just having a peaceful few hours cruise to show my friends around.

If you have cash, you’ll be fine

Do you maybe know the order of the amount to have? Is it like a few thousands or hundreds?
Of course I hope for our smiles but it's better to be prepared for the worst

[sailingabe41ds]

Why not call the Turkish authority or equivalent of their coast guard and ask them that question?
Abe

[asvk]

Originally Posted by sailingabe41ds

Why not call the Turkish authority or equivalent of their coast guard and ask them that question?
Abe

I found it better to start with an Internet forum first. But that might actually be a useful idea as well, thank you.

[iabmatos]

From: https://www.beneteau.com/sites/defau...light_en_1.pdf

EC CERTIFICATION _______________________________
• Category A - 8 people
• Category B - 9 people
• Category C - 10 people

then, from: https://www.beneteau.com/en/page-act...ns-boat-buyers

Category A – Ocean: covers largely self-sufficient boats designed for extended voyages with winds of over Beaufort Force 8 (over 40 knots), and significant wave heights above 13 feet, but excluding abnormal conditions such as hurricanes.
Category B – Offshore: includes boats operating offshore with winds to 40 knots and significant seas to 13 feet.
Category C – Inshore: is for boats operating in coastal waters and large bays and lakes with winds to Force 6, up to 27 knots, and significant seas 7 feet high.
Category D – Inland or sheltered coastal waters: is for boats in small lakes and rivers with winds to Force 4 and significant wave heights to 18 inches.

Have you got lifejackets for everyone?

Cheers

[asvk]

Thank you for your extended category explanation, iabmatos!

Have you got lifejackets for everyone?

Yes, we will have the lifejackets provided by the charter company according to the crew list, plus additionally two personal lifejackets in case we decide to have this leisure trip with my smuggled friends

So far it seems that the charter company either somehow exaggerates things or there is a concept of legal capacity specific to Turkey and probably determined during boat registration or something.

Either way now I know what further questions I could ask both the charter company or the coast guard in advance.

Thanks to everyone for your replies!