Boat, guests, money, etiquette

[littlerayray]

Same here Joe only a few friends here

 

[littlerayray]

Now all this being said my buddy and I would go fishing every weekend we would take my boat cuz it was bigger abd he would put gas in every other weekend we never argued about it but he was sneaky he would walk in and pay while I was fueling

 

[Volphin]

I solved this problem a long time ago. The only people allowed on my boats are hot, rich chicks with beer coolers. :laugh:

 

[littlerayray]

I solved this problem a long time ago. The only people allowed on my boats are hot, rich chicks with beer coolers. :laugh:

I might adopt this policy

 

[four winns 214]

If I invite people to accompany me on my boat, there are never any expectations of financial contribution. Now if the guest offers to pick up the tab for lunch or dinner, I accept that because that's exactly what I would do if I was on someone else's boat at their invitation.

 

[Brian WV]

The conversation goes....."I have Landshark on board if you want something different to drink bring it!"

 

[shrew]

The 'charter' argument is ludicrous. If a friend offered to fill up the gas tank on a road trip, it wouldn't make you a limo either.

Not as ludicrous as you may think. Remember, on the water you are dealing with the U.S.C.G., not the state DMV.

Yes, it may be more of a passe concern today than a fair number of years ago, HOWEVER it did used to be a cut and dry situation. You accept money or gratuity and you are a vessel for hire (and better be licensed), no if's and's or but's.

Not ludicrous at all, we had an incident here a few years ago, where a senator was injured by a drunk state rep in a boating crash, before it was all said and done, the guy driving lost his elected position in the state senate, he was fined for operating a boat for hire with out a license, operating under the influence and all kinds of other little offenses, ruined him financially as well as politically. The friend who was our senator in WA, DC had filled the boat up with fuel.

SEC. 506. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (21) and (22) a new paragraph (21a) to read as follows:
"(21a) '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.."
DESCRIPTION - The determination of what constitutes the carriage of a "passenger for hire" must be made on a case by case basis. This determination is dependent upon the actual operation of a vessel and the flow of consideration as determined by the facts of each case. In general, there needs to be some form of tangible consideration or promise of performance being passed for a "passenger for hire" situation to exist.


SEC. 507. CONSIDERATION.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows:
"(5a) '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 fuel, food, beverage, or other supplies." Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.
Bottom line: if you are a recreational boater, you are allowed to share expenses for a day on the water. Just don't make payment mandatory if someone wants a boat ride. In particular, don't make a profit from the sharing of expenses.



Please make sure you are familiar with the LAW before advising people. I'm not saying you're both wrong, however..........well, actually that is exactly what I'm saying.

 

[MTboatguy]

You can say I am wrong all you want, you must realize that states also have laws in place to address these situations. Just because the US code is as you have posted above, these do not preclude the state laws that are also in place and administered by the state agency concerning issues that happen in state waters. I will be more than happy to post the entire transcript from the case if you would like.

So you saying I am wrong does not make me wrong, especially when we are talking about someplace you have absolutely no experience or knowledge of.

So you might as well step down from that high horse you have climbed aboard, cause the fall could be painful.

 

[smokeonthewater]

Don't forget folks that it doesn't HAVE to be proven illegal for a jury to award huge damages... Just ask OJ how that works.

 

[rearsprings]

My close friends and I are all empty nesters. We are fortunate to have nice boats, and that our married kids live close by. We don't ask them to come out on the boat on any specific day, as they know we will be out Friday after work, Saturday after golf and Sunday after Church. We provide them with food and drink as well, and provide them with a day of outdoor activity that does not cost them a thing since they are newly married and starting out. We know they don't have a lot of disposable income, so this is a way we can give them a mini vacation.

As far as friends are concerned, we do the inviting. If someone asks to come out, we have the option of saying yes, or sorry, maybe another time. We do not expect our guests to help with the expenses of using the boat. All have offered to pay for fuel, which we don't accept. They don't have to bring any food or drink, but always do. For us, we keep a circle of friends we love and trust, so we are never in the situation of having joy riders. All are respectful of our boat, and would not do anything that we would not do.

 

[Quick3201]

I like to fish and boat ride. Usually more riding than fishing. Took my daughter and future son in law out. I tow the boat 120 miles to the beach, everyone stays at my house, i pull up to the fuel dock and proceed to put about $75.00 of fuel in. Told future SIL to go get bait. He comes back with $10.00 of shrimp and has the nerve to say "I guess I'm buying the bait". I have learned NEVER to expect anyone to pay for anything.




i

 

[NYBo]

SEC. 506. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (21) and (22) a new paragraph (21a) to read as follows:
"(21a) '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.."
DESCRIPTION - The determination of what constitutes the carriage of a "passenger for hire" must be made on a case by case basis. This determination is dependent upon the actual operation of a vessel and the flow of consideration as determined by the facts of each case. In general, there needs to be some form of tangible consideration or promise of performance being passed for a "passenger for hire" situation to exist.


SEC. 507. CONSIDERATION.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows:
"(5a) '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 fuel, food, beverage, or other supplies." Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.
Bottom line: if you are a recreational boater, you are allowed to share expenses for a day on the water. Just don't make payment mandatory if someone wants a boat ride. In particular, don't make a profit from the sharing of expenses.



Please make sure you are familiar with the LAW before advising people. I'm not saying you're both wrong, however..........well, actually that is exactly what I'm saying.

I knew such changes were under, um, consideration but I didn't realize they had been codified. Certainly clarifies things, state laws notwithstanding. Thanks for researching and posting this.

 

[Ned L]

SEC. 506. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (21) and (22) a new paragraph (21a) to read as follows:
"(21a) '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.."
DESCRIPTION - The determination of what constitutes the carriage of a "passenger for hire" must be made on a case by case basis. This determination is dependent upon the actual operation of a vessel and the flow of consideration as determined by the facts of each case. In general, there needs to be some form of tangible consideration or promise of performance being passed for a "passenger for hire" situation to exist.


SEC. 507. CONSIDERATION.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows:
"(5a) '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 fuel, food, beverage, or other supplies." Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes, are not considered as an exchange of consideration.
Bottom line: if you are a recreational boater, you are allowed to share expenses for a day on the water. Just don't make payment mandatory if someone wants a boat ride. In particular, don't make a profit from the sharing of expenses.



Please make sure you are familiar with the LAW before advising people. I'm not saying you're both wrong, however..........well, actually that is exactly what I'm saying.

Ahh,... I suspect the part that states
........................................................
"Bottom line: if you are a recreational boater, you are allowed to share expenses for a day on the water. Just don't make payment mandatory if someone wants a boat ride. In particular, don't make a profit from the sharing of expenses."
............................................................
Is your own paraphrase and not part of the quoted statute??

As I did state, I suspect the concern is mostly pass? today. However I think I should say "thank you" for pointing out that it is NOT very cut and dry in the way it is written. When it repeatedly states that determination is on a "case by case basis", to me that is an open field day for lawyers. I will choose to continue to not expose myself to such potential liability over a couple of bucks.

 

[888]

I always make a point to stop for fuel at the marina at the end of the day to top off the tanks,if one of my guests offers money great if not thats great too. Ive never asked for money but do let them know the costs of owning a boat and how much fuel it consumes ....Sometimes the guilt trip works sometimes it dont