My latest "Points East" article is out. It discusses changes in the legal environment of boating driven by state boater licensing laws based on the motor vehicle model and the effect on our most basic assumptions about the responsibility of vessel command.
http://www.pointseast.com/index.shtml
See Page 96.
You may think you are the Captain of your vessel but, increasingly, you are not, at least legally. As boater licensing and operator cards become more common, state laws written around the model of motor vehicles, are changing our oldest and most basic assumptions about responsibility for and command of recreational vessels.
One size fits all laws written primarily to address the most common craft, fast outboard boats where there often is no clear master, have caused Canada and several U.S. states to abandon the concept of there being a Captain or Master of an unregulated recreational vessel. In many jurisdictions, there is only the "Operator" and that is whoever has their hands on the wheel.
There are some serious implications in this. When you let a guest steer, you may be exposing them to legal liability for your mistakes that is out of your control. If there is an accident, you may be willing to accept full responsibility but, if the helmsman has deeper pockets, the other party may be able to make them entirely responsible.
http://www.pointseast.com/index.shtml
See Page 96.
You may think you are the Captain of your vessel but, increasingly, you are not, at least legally. As boater licensing and operator cards become more common, state laws written around the model of motor vehicles, are changing our oldest and most basic assumptions about responsibility for and command of recreational vessels.
One size fits all laws written primarily to address the most common craft, fast outboard boats where there often is no clear master, have caused Canada and several U.S. states to abandon the concept of there being a Captain or Master of an unregulated recreational vessel. In many jurisdictions, there is only the "Operator" and that is whoever has their hands on the wheel.
There are some serious implications in this. When you let a guest steer, you may be exposing them to legal liability for your mistakes that is out of your control. If there is an accident, you may be willing to accept full responsibility but, if the helmsman has deeper pockets, the other party may be able to make them entirely responsible.
Last edited:
