Recently, the US Coast Guard in Miami terminated the voyage of a 65-foot yacht after the vessel was found to be in violation of several regulations governing the operation of commercial passenger vessels, including carrying more paying passengers than the vessel was certified to carry. According to USCG, this highlights the need for continued coordination between the Coast Guard, the passenger vessel industry, and local law enforcement.
Namely, a law enforcement boarding was done after the yacht collided with a bridge on Saturday and a concerned passenger called the Coast Guard. The US Coast Guard terminated the voyage of the vessel and now the owner and operator faces maximum civil penalties amounting to $41,546 for this illegal passenger for hire operation. The four violations discovered were:
• Operating without a valid Certificate of Inspection – 46 C.F.R. 176.100(a)
• Failure to have a credentialed mariner in control – 46 C.F.R. 15.515(b)
• Failure to have a drug and alcohol program – 46 C.F.R. 16.201
• Failure to have a valid stability letter -46 C.F.R. 170.120
Illegal operations by individuals who are either unaware of or avoiding US laws and Coast Guard regulations governing operator credentialing requirements, vessel inspections, operational standards, and safety equipment pose serious safety concerns to the public and the environment, but also adversely impact the livelihood of legitimate operators who do comply with federal requirements.
As noted, passengers are taking an unnecessary safety risk by riding on a vessel without a credentialed mariner in charge or an uninspected vessel that needs to be inspected under federal regulations.
The Coast Guard urges passengers to request to see the vessel operator’s valid credential and/or proof of any required inspection or examination before hiring any crewed charter vessel, water taxi, or other type of waterborne transportation, to ensure they possess a Coast Guard issued Merchant Mariner’s Credential suitable for the vessel’s service.
Credentialed mariners who work for multiple vessel owners/operators should be aware that if they accept employment from an illegal operation, they risk not only passenger safety, but also their own credential, livelihood, and reputation, USCG also notes.
It strongly advises licensed mariners to avoid unlawful and dangerous situations such as:
- Operating unqualified bareboat charters
- Operating a vessel without a valid Certificate of Inspection
- Operating a 6-Pack that does not meet Uninspected Passenger Vessel requirements
- Inadequate merchant mariner license endorsements for charter service/employment performed
- Violating a Captain of the Port Order
- Operating without adequate liability insurance
Owners and operators must comply with federal regulations governing the operation of commercial passenger vessels regardless of the mode customers use to reserve the vessel; in recent years, the introduction of Smartphone apps offering vessel charter services have made it easier for owners to enter into agreements with paying customers.
Legitimate operators, credentialed mariners, and paying passengers are encouraged to raise awareness of this issue and report suspected illegal passenger vessel operations to the local Coast Guard unit.
