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Any liability for Captain aboard as a guest?

Discussion in 'Yacht Captains' started by Captain Jim, Apr 26, 2010.

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  1. Marmot

    Marmot Senior Member

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    Nonsense. There are many instances of masters with "top tickets" working as mates on vessels because captains jobs are scarce at the moment. If the captain screws up it is the captain's problem, not the mate's.

    If all you guys who think that just holding a ticket makes you the man of the hour when the ambergris hits the prop would just get together and provide a single citation of a USCG or MCA or any other maritime authority taking action against the license of a passenger or other crewman who just happened to hold an equal or higher license than the person in charge, I for one would love to read it. With the certainty that has been expressed in this regard, there must be something in print, right?
  2. K1W1

    K1W1 Senior Member

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    Hi,

    I tend to agree with the poster above.

    As holder of a Chiefs Ticket for Motor Driven Ships I do not feel any obligation to get involved nor be responsible for the operation or activities of others when travelling on ferries on Rivers which I do at least twice a day at the moment or Cross Channel ones on overnight voyages.

    I look forward to anyone being able to provide some interesting reading material in regard to anyone actually getting some legal hassle for being a passenger on a boat just as I doubt that anyone holding an Airline Transport License has ever been charged when an airliner that they were a non flight crew passenger on crashed and they survived.
  3. travler

    travler Senior Member

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    i think it is like an airplane the pilot in command is the one who is busted, just because you out rank every one else don't matter, un less you are getting paid then the rules change

    just a thought travler
  4. Marmot

    Marmot Senior Member

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    What rules are those?

    Sticking to the "getting paid" and airline pilot theme, there are hundreds of "dead heading" pilots sitting in a passenger seat at this very moment. They are getting paid, they are employed by the airline on which they are flying, they are certificated to take command of that aircraft in many if not most cases, and may even be senior to the captain in the left seat. But one thing stands out above all else - if the captain of that airliner breaks a rule or bends the thing, the captain sitting in a passenger seat has absolutely nothing to do with it and has no reason to fear blame for anything.
  5. Ju52

    Ju52 Senior Member

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    You need a licence to be a captain. The captain is a role or employment state, nothing else. This difference makes it. As guest you are a guest.

    ICE the role can moved by the owner (for ex.) , but not by a licence states.

    my 2 cents
  6. proskipper

    proskipper New Member

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    Hmmm.
    My position is that I am directly employed by the charterer.
    He may only have an ICC and I would be failing in my obligations towards him if I let him do something stupid resulting in loss etc.
    To that end I consider myself in charge.
    He may well call himself skipper but I wouldn't like to test that in a courtroom.
    I very much think the heat would be all mine.
  7. Wanderer

    Wanderer New Member

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    In the UK, particularly on the shorter cross-Channel routes, many of the ferry companies have two entire crews on board at anyone time. This includes two Captains. One is the Day Captain, the other the Night Captain. They each work a 12 hour shift. At the end of the shift they formally hand over command, recording same in the Official Log Book. Once the command is changed the Duty Captain is fully in command irrespective of his seniority. By convention the off duty Captain does not wear his stripes so there is no confusion with the crew. This is a very clear procedure that has been in place for many years.

    The only point I would concede to Capt Jim's concerns are if, as an onboard guest, he were to witness an incident/accident caused by the actual Captain he could most certainly be dragged into a courtroom by the lawyers as a material (and expert) witness. Whilst this can be disagreeable & time consuming it is inconceivable that any liability could be attached him.
  8. Captain Jim

    Captain Jim New Member

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    Thanks for all the responses. After taking in all the positions mentioned above, this is probably the scenario that would happen.

    BTW, In the situation I described in post 1 of this thread, I was a guest and not paid, nor was I asked or expected to perform any duties. I think I will stay away from the bridge more on my next day aboard as a guest.
  9. curtarmy

    curtarmy New Member

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    OMG! Nobody is warning you!! You are definitely at risk of great peril and penalty!

    As the "Captain" in the room, the obviously naive daughter will assume she is subordinate and must follow your orders. When she comes back to reality sexual harassment and/or rape charges will surely follow as well as conviction.

    Worse yet pregnancy will bring on absolute DNA testing followed surely by "death by shotgun" or worse, "marriage by shotgun".

    The citations are too numerous to list!

    Do not go down below with the owners daughter!
  10. Marmot

    Marmot Senior Member

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    See, I said it was a weird Walter Mitty thing, like Walter moved to Bizzaro World though ...
  11. DocRon

    DocRon Member

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    You definitly going to be held responsible for banging something....:eek:
  12. aeronautic1

    aeronautic1 Member

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    I can't believe this blog has gone on for three pages. It's all elementary, my dear Watson. CYA and keep your mouth shut during the preliminary!! One thing I learned in the Coast Guard, NEVER volunteer (for) ANYTHING!!
  13. saltysenior

    saltysenior Senior Member

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    i believe it has gone on because of the gray area pertaining to who is really ''the person in complete command'' .... also the the very often,and loosely used term ''captain''...
  14. Capt B

    Capt B New Member

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    I for one am wondering "why" any former boss would even have his old skipper on board as a guest?

    I NEVER let my relationship with the owner(s), advance tot he stage of close personal friendship.... I am there to do a job as a professional, not to be their friend, if we become casual friends in the course of that endeavor so be it, but this is a employer/employee relationship...never forget that
  15. saltysenior

    saltysenior Senior Member

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    if you think you can be a ''professional''only,and not a friend of the owner or the family,i would subject that you start putting away something right now for your later years in your profession ..:rolleyes:
  16. Capt J

    Capt J Senior Member

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    I agree, I have been good friends with all of the owners I have worked for and it's pretty much part of the territory. The only people you can be professional to would be charterers and that is expected.
  17. Tex999

    Tex999 New Member

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    I am not sure what size and flag of Yachts you guys are talking about, but on sizes requiring a Captain - his name is in the log book/official log/yachts power of attorney/crew list/insurance documents.

    There is nothing Grey about it.

    I too work on a ferry with 2 complete crews. When relieved by my opposite or even the other bridge officer, I am not at all responsible for what happens until I relieve them.(as Ch officer) - simple as saying "Ok I've got it"

    J
  18. saltysenior

    saltysenior Senior Member

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    the thread was started without that information....i took it to be a private vessel,not inspected, not needing a licensed operator....that is where some confusion surrounds the term ''captain''...i hold and have held for years ,documents that claim i was or am '' a licensed officer or a licensed operator''. nowhere is the word captain printed.....i believe when there is a problem between vessels not mandated to have licensed operators, any one who was behind the wheel at the time of the incident could be referred to as ''the captain''...:eek:
  19. biminijimini

    biminijimini New Member

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    Just because your not on duty or just a passenger onboard... doesn't mean our USA lawyers won't name you on the lawsuit... THAN you have prove you don't have any responsiblity with operating the vessel. IF you think USA lawyers give a **** about whats right or wrong you're will be looking at an education in our justice system or what many think a lack of justice.
  20. saltysenior

    saltysenior Senior Member

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    that is why,because of my vast fortune acquired while holding a OPERATORS license,i retain the best lawyers to represent me if i ever go on a cruise ship:eek: ..