Cruisers Forum
 


Reply
  This discussion is proudly sponsored by:
Please support our sponsors and let them know you heard about their products on Cruisers Forums. Advertise Here
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 10-01-2022, 14:34   #1
Registered User

Join Date: Nov 2012
Boat: Kelly Peterson 46
Posts: 17
Question Charging Rent

Not sure if this is the right place for this, but the 'Crew Positions' forum was just 'Looking for ...' type posts.


For non-professional crew, I see two types:

(1) On for just a passage or specific journey who leave the boat at the destination.

(2) Indefinite crew, who are living on the boat without a schedule or specific destination.



For number (2), is it justified that I charge rent? I feel that I am because they would be living on my boat, my home, just like they would need to if they rented a room in a house. I'd expect normal roommate things, like keep common areas clean, share cooking, food/provisioning cost, etc. I would not expect them to assist with maintaining the boat, like routine maintenance, repairs, and stuff. I would expect them to help with sailing activities and watches, something I figure they are willing to do if they choose to live on a sailboat.



Any input?
__________________
Jason
Kelly Peterson 46
www.svdontpanic.com
SVDontpanic is offline   Reply With Quote
Old 10-01-2022, 15:02   #2
Registered User

Join Date: Mar 2011
Location: Southport CT
Boat: Sabre 402
Posts: 2,153
Re: Charging Rent

#2 is a roommate. Hopefully you would set up the deal - whatever it is - before he or she moved in.
psk125 is offline   Reply With Quote
Old 10-01-2022, 16:01   #3
Registered User

Join Date: Nov 2012
Boat: Kelly Peterson 46
Posts: 17
Re: Charging Rent

Also, an additional question, could this run afoul of charter laws/regulations?
__________________
Jason
Kelly Peterson 46
www.svdontpanic.com
SVDontpanic is offline   Reply With Quote
Old 10-01-2022, 16:16   #4
Now on the Dark Side: Stink Potter.
 
CSY Man's Avatar

Join Date: Aug 2003
Location: Ft. Lauderdale
Boat: 2001 Albin 28TE.
Posts: 3,873
Images: 124
Re: Charging Rent

Quote:
Originally Posted by SVDontpanic View Post
Also, an additional question, could this run afoul of charter laws/regulations?
Yup: From the USCG:


https://wow.uscgaux.info/Uploads_wow...re_trifold.pdf


Using a recreational vessel as a bed and break- fast in which the owner/operator/agent re- ceives consideration for people to remain overnight onboard the vessel is a commercial operation.
These vessels are subject to Coast Guard rules and regulations. To conduct this operation in accordance with Federal statute, the owner/ operator/agent can:
Operate as a Charter Vessel with no crew pro- vided, limited to 12 passengers, written contract required (bareboat contract);
Operate as an Uninspected Passenger Vessel: less than 100 GRT (up to 6 passengers); greater than 100 GRT (up to 12 passen- gers). Vessel must be operated by a Master who holds an OUPV Merchant Mariner Credential and Coast Guard safety inspections may be required.
__________________
Life is sexually transmitted
CSY Man is offline   Reply With Quote
Old 10-01-2022, 16:43   #5
Registered User

Join Date: Jan 2018
Boat: 50ft Custom Fast Catamaran
Posts: 6,433
Re: Charging Rent

Yeah. That’s a charter.

If money changes hands, it’s a charter. That’s a good rule of thumb.
__________________
Epoxy can kill me like a kid smelling peanuts across the lunch room. Even the freshly machined dust from cured epoxy. Please don’t suggest using it.
Chotu is offline   Reply With Quote
Old 10-01-2022, 17:43   #6
Registered User

Join Date: Nov 2012
Boat: Kelly Peterson 46
Posts: 17
Re: Charging Rent

Was afraid of that. I kinda figured it would, just was hoping for some exception since it will be my primary home very soon.

Thanks...
SVDontpanic is offline   Reply With Quote
Old 10-01-2022, 17:52   #7
Marine Service Provider
 
boatpoker's Avatar

Join Date: Nov 2008
Location: Port Credit, Ontario or Bahamas
Boat: Benford 38 Fantail Cruiser
Posts: 5,548
Re: Charging Rent

Quote:
Originally Posted by SVDontpanic View Post
Was afraid of that. I kinda figured it would, just was hoping for some exception since it will be my primary home very soon.

Thanks...
And your insurance would be invalidated.
__________________
Your doubt does not negate my experience.
boatpoker is offline   Reply With Quote
Old 10-01-2022, 18:47   #8
Registered User
 
Shrew's Avatar

Join Date: Aug 2010
Posts: 2,502
Re: Charging Rent

46 US Code (USC) 2101, 46 Code of Federal
Regulations (CFR) 175.400,


Passenger: means an individual carried on a vessel,
except: (1) The owner or an individual representative
of the owner, or in the case of a vessel under charter,
an individual charterer or individual representative
of the charterer. (2) The Master; or (3) A member of
the crew engaged in the business of the vessel who
has not contributed consideration for carriage and
who is paid for on board services.

Passenger for Hire: means a passenger for whom
consideration is contributed as a condition of
carriage on the vessel, whether directly or
indirectly flowing to the owner, charterer,
operator, agent, or any other person having an interest in the vessel.

Consideration: means an economic benefit, inducement, right, or profit, including pecuniary payment
accruing to an individual, person, or entity but not
including a voluntary sharing of the actual expenses
of the voyage by monetary contribution or donation
of food, fuel, beverage, or other supplies.


Recreational Vessel: means a vessel - (A) being
manufactured or operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter’s pleasure.
Shrew is offline   Reply With Quote
Old 10-01-2022, 18:49   #9
Registered User
 
Shrew's Avatar

Join Date: Aug 2010
Posts: 2,502
Re: Charging Rent

Quote:
Originally Posted by Shrew View Post
46 US Code (USC) 2101, 46 Code of Federal
Regulations (CFR) 175.400,


Passenger: means an individual carried on a vessel,
except: (1) The owner or an individual representative
of the owner, or in the case of a vessel under charter,
an individual charterer or individual representative
of the charterer. (2) The Master; or (3) A member of
the crew engaged in the business of the vessel who
has not contributed consideration for carriage and
who is paid for on board services.

Passenger for Hire: means a passenger for whom
consideration is contributed as a condition of
carriage on the vessel, whether directly or
indirectly flowing to the owner, charterer,
operator, agent, or any other person having an interest in the vessel.

Consideration: means an economic benefit, inducement, right, or profit, including pecuniary payment
accruing to an individual, person, or entity but not
including a voluntary sharing of the actual expenses
of the voyage by monetary contribution or donation
of food, fuel, beverage, or other supplies.


Recreational Vessel: means a vessel - (A) being
manufactured or operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter’s pleasure.
Stop calling it "RENT"
Shrew is offline   Reply With Quote
Old 10-01-2022, 19:20   #10
Registered User
 
JC Reefer's Avatar

Join Date: Nov 2017
Posts: 562
Re: Charging Rent

I think Delos “shares expenses” of running the vessel and is not considered a charter boat.
JC Reefer is offline   Reply With Quote
Old 10-01-2022, 19:21   #11
Cruising in between boats
 
DMF Sailing's Avatar

Cruisers Forum Supporter

Join Date: Jan 2021
Location: The North Atlantic and its tributaries
Boat: THEN: Indefatigable offshore-proven Bristol 22 #172; NOW: various 30-40' monohulls; ALWAYS: Shopping
Posts: 839
Images: 3
Re: Charging Rent

Quote:
Originally Posted by Shrew View Post
but not
including a voluntary sharing of the actual expenses
of the voyage by monetary contribution or donation
of food, fuel, beverage, or other supplies.
Stop calling it "RENT"
They merely need to have the idea to volunteer to donate a monetary contribution for, say, 2/3 of the cost of food/fuel/supplies, and you will have solved the problem.

As long as it's their idea. And voluntary.
__________________

I learned how to sail when i was five.
Sailing has taught me how to learn every day since then.
DMF Sailing is offline   Reply With Quote
Old 10-01-2022, 19:24   #12
Registered User

Join Date: Nov 2012
Boat: Kelly Peterson 46
Posts: 17
Re: Charging Rent

That pdf link and other searches do show that, by the book, I would be considered a UPV. So it looks like I'll be getting my OUPV, just to get a roommate on my boat.
SVDontpanic is offline   Reply With Quote
Old 10-01-2022, 19:28   #13
Registered User
 
capn_billl's Avatar

Join Date: Aug 2010
Location: Naples, FL
Boat: Leopard Catamaran
Posts: 2,436
Re: Charging Rent

Quote:
Originally Posted by SVDontpanic View Post
That pdf link and other searches do show that, by the book, I would be considered a UPV. So it looks like I'll be getting my OUPV, just to get a roommate on my boat.
Is the boat moving? or stationary?

If it moves they are crew, or passengers not roommates.
capn_billl is offline   Reply With Quote
Old 10-01-2022, 19:32   #14
Registered User

Join Date: Nov 2012
Boat: Kelly Peterson 46
Posts: 17
Re: Charging Rent

Yes if it is voluntary, then you are right, I would be fine. Is insinuating to potential long term crew that they need to volunteer $$$ no longer voluntary? Paranoid me says that I'd loose that case in court.

It's time to go pass my OUPV
__________________
Jason
Kelly Peterson 46
www.svdontpanic.com
SVDontpanic is offline   Reply With Quote
Old 10-01-2022, 19:33   #15
Registered User

Join Date: Nov 2012
Boat: Kelly Peterson 46
Posts: 17
Re: Charging Rent

The boat would be moving, cruising the East coast of the US.
__________________
Jason
Kelly Peterson 46
www.svdontpanic.com
SVDontpanic is offline   Reply With Quote
Reply

Tags
crew, rent

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Anchor types & Bottom types pbiJim Anchoring & Mooring 31 03-06-2014 20:38
different core types (foam pvc, divinicell vs balsa) schoonerdog Multihull Sailboats 56 22-07-2008 09:56
Found this sight about many types of electric motors to power boats videorov Electrical: Batteries, Generators & Solar 1 18-03-2008 05:15
New types of Boat Refrigeration Richard Kollmann Construction, Maintenance & Refit 5 13-08-2005 19:31
BLISTERS - Causes, Types, & Prevention GordMay Construction, Maintenance & Refit 0 31-05-2004 08:49

Advertise Here


All times are GMT -7. The time now is 13:17.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2022, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2022, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.