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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. Pascal

    Pascal Senior Member

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    I really fail to see what CDLs have to do with USCG licenses... Apples to oranges since a state can regulate its licenses (cdl) but has no jurisdiction on a federal ticket

    That said if you are convicted of DUI/BUI in any vehicle even operated privately your USCG license will be at risk

    As to 0.04 limit it s pretty irrelevant I don't know too many captains who will touch a drink on the job!
  2. Capt.DV

    Capt.DV New Member

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    Illinois has the right, jurisdiction,and authority to, and will revoke your federal ticket with in Illinois waters only
    this will not effect your federal ticket to operate in other places
  3. Marmot

    Marmot Senior Member

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    Wow, that's a pretty solid and definitive statement.

    Would you be so kind as to back that up with a citation?
  4. Pascal

    Pascal Senior Member

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    I d like to see something official too...

    What they may be able to do is to make sure the USCG is aware of a DUI/BUI conviction but I doubt a state can revoke a federal ticket even by just restricting its privilege within the state lines
  5. Marmot

    Marmot Senior Member

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    I think all the state can do is make sure the violation goes on the National Driver's Register. The USCG will find it at the next renewal and if you didn't list a DUI on your medical or on the application then they will probably like to talk to you about it.

    As far as Illinois is concerned, while I don't claim to be a constitutional scholar, there was a little court case that made all the papers back in the early 1800s which dealt with a state attempting to regulate who could do what with a boat. It made the "Commerce Clause" a well referenced part of the Constitution.

    This really is a great example of people who know nothing of their history being doomed to repeat it ... unfortunately we lack people like Daniel Webster to fight for what is right in the face of those who would simply accept some local decision to remove our right to make a living.

    I suspect we won't hear much back from the gentleman from Illinois.
    Last edited: Mar 31, 2011
  6. Capt.DV

    Capt.DV New Member

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    Illinois Law statute

    See section 11a-5
    "A person may not operate a watercraft during any period when his or her privilege to operate a watercraft is suspended or revoked in this State, by another state, by a federal agency,"

    (625 ILCS 45/Art. XIA heading)
    ARTICLE XIA. PENALTIES


    (625 ILCS 45/11A‑1) (from Ch. 95 1/2, par. 321A‑1)
    Sec. 11A‑1. Except as otherwise provided in this Act, any person who violates any of the provisions of this Act shall be guilty of a petty offense.
    (Source: P.A. 85‑149.)


    (625 ILCS 45/11A‑2) (from Ch. 95 1/2, par. 321A‑2)
    Sec. 11A‑2. A. Any person who violates Section 3A‑3, 3A‑13, 3A‑14, or 3A‑20 is guilty of a Class A misdemeanor.
    B. Any person who violates Section 3A‑21 is guilty of a Class 2 felony.
    (Source: P.A. 88‑524.)


    (625 ILCS 45/11A‑3) (from Ch. 95 1/2, par. 321A‑3)
    Sec. 11A‑3. Any person who violates any of the provisions of Section 5‑1 of this Act is guilty of a Class B misdemeanor.
    Any person who violates Section 5‑2 of this Act is guilty of a Class A misdemeanor, except that aggravated reckless operation of a watercraft is a Class 4 felony.
    (Source: P.A. 93‑782, eff. 1‑1‑05.)


    (625 ILCS 45/11A‑4) (from Ch. 95 1/2, par. 321A‑4)
    Sec. 11A‑4. Any person who is convicted of a violation of Sections 5‑1 or 11A‑5 of this Act, in addition to any other penalties authorized in this Act, may in the discretion of the court be refused the privilege of operating any watercraft on any of the waterways of this State for a period of not less than one year.
    Any person who is convicted of a violation of Section 5‑2 of this Act or subsection A‑1 of Section 6‑1 of this Act, in addition to any other penalties authorized in this Act, shall have his or her privilege of operating any watercraft on any of the waterways of this State suspended by the Department for a period of not less than one year.
    (Source: P.A. 93‑782, eff. 1‑1‑05.)


    (625 ILCS 45/11A‑5) (from Ch. 95 1/2, par. 321A‑5)
    Sec. 11A‑5. A person may not operate a watercraft during any period when his or her privilege to operate a watercraft is suspended or revoked in this State, by another state, by a federal agency, or by a province of Canada. Any person who operates any watercraft during the period when he is denied the privilege to so operate is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
    (Source: P.A. 93‑782, eff. 1‑1‑05; 94‑214, eff. 1‑1‑06.)


    (625 ILCS 45/11A‑6) (from Ch. 95 1/2, par. 321A‑6)
    Sec. 11A‑6. Any person who violates any provision of Section 2‑4 is guilty of a Class A misdemeanor.
    (Source: P.A. 85‑149.)


    Here is the direct link

    http://www.ilga.gov/legislation/ilc...hapterID=49&SeqStart=13500000&SeqEnd=14200000
  7. AMG

    AMG YF Moderator

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    Can somebody bring this back to the original topic before it turns into politics, please...?
  8. Capt.DV

    Capt.DV New Member

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    Gladly AMG

    I just needed to prove i am not just

    "a great example of people who know nothing of their history begin doomed to repeat it ..."

    and talking about stuff i know nothing about


    Marmot, Pascal.....

    Apologies excepted !!
  9. Marmot

    Marmot Senior Member

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    How many times does it take you to undertstand that a state cannot revoke a federal license? Please get some remedial reading courses ...

    The state can say it will make it a crime to operate on a federally revoked license but that doesn't mean the state can revoke a federal license. Is that so difficult to understand?

    Your apology is as worthless as your comprehension of what a license means and who can take it away! And furthermore it is definitely "excepted." :rolleyes:
  10. K1W1

    K1W1 Senior Member

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    If that is the case then why did you post what is well known by truck drivers and pilots as being something to be aware of and then post a statute dealing with watercraft?

    If you are trying to boost your post count, try posting something useful.

    If I am riding on a vessel as a fare paying passenger I feel no need to intervene myself if things go wrong unless specifically asked and as a driver as my Australian Heavy Vehicle Drivers License says 0 alcohol I am also aware that having one drink on the way home could do this in I am very cautious.
  11. Pascal

    Pascal Senior Member

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    1)- i didnt 'say you didn't know what you were talking about... I jsut said that a state cannot revoke a USCG license.

    2)- none of that pasted stuff states that IL can revoke a USCG license. I only states that if you license (USCG or state issued) is suspended elsewhere you can not operate a watercraft... nothing more.
  12. Capt.DV

    Capt.DV New Member

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    What is says, is that,.... if Illinois (meaning they DO have the right ) suspends your license, federal or otherwise it could be a criminal offence. This means Illinois can revoke your privilages to utilize your federal license in state boundaries. This also means your ability to work or utilize your federal licnese in other states is not revoked.

    I think semantics and wording regarding this topic is the problem with discussion on ALL of our parts.

    I agree Illinois can not outright revoke a federal license but they can revoke your privilage to use it in Illinois

    Does that seem a more fair and agreeable statement ?
  13. Marmot

    Marmot Senior Member

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    NO it is not more fair and reasonable and it is still wrong! Illinois cannot revoke anyone's privilege to exercise the authority of their federal license. Illinois cannot take my USCG license away, they cannot restrict my use of it, they cannot revoke or limit the use of my FAA licenses. Illinois is a state and the commerce clause prohibits them from doing any such thing and has since 1824.

    Semantics is not part of the problem. Your lack of knowledge of history and lack of understanding of American law and your rights are the foundation of the entire problem. I can't remember ever seeing someone backpedal so fast and so often as you have in this thread but you still keep posting garbage.

    Read your history, don't be so willing to allow some local kleptocrat to deny you the right to earn a living with a license you worked hard to obtain and don't be so ready to accept the half baked idea that anyone else has to suffer what doesn't seem to bother you very much either. Do you even hold a federal license of any sort? :mad:
  14. Capt.DV

    Capt.DV New Member

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    I dont see that you provided the documentation that supports your argument as I have provided that supports mine. It is clear by the Illinois statue that I provided above That Illinois does indeed have the right to prevent anyobody from leaglly operating a vessel in Illinois waters, no matter how they are other wise lisenced to do so.

    Now I agree that under federal law Illinois might be wrong in doing so But again plese provide the doccumentation that supports that argument.
    If that doccumentation exhisits, that will not keep you from being arrested on the state level if Illinois has revoked your privilages to operate a vessel on state waters and you are cought doing so.

    What happens at trial is another story, the federal law may or may not take presidence, either way should this happen, it would be a president setting case for Illinois law, either by the abolishment of the Illinois staute or by upholding the enforcement of it.

    Like it or not those are the facts
  15. NYCAP123

    NYCAP123 Senior Member

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    Where you go wrong is that Illinois cannot revoke the privaleges bestowed by a federal license. Could you imagine? 'No, FBI and U.S. Marshalls you can't act as a law enforement agent here.' They can revoke the privilage to operate for a state issued operator's license; not a federal. The best they could possibly do is bring it to the attention of the fed. Other than that, a decision on it will be made on the federal level at the time of renewal.